This chapter is known as the "Park Lands Dedication Ordinance" and may be cited as such.
(Ord. 565 § 3, 2019)
In this chapter:
"Development"
means a subdivision, mobile home park or construction or installation of a dwelling. Development does not include:
1. 
Subdivisions created for industrial or commercial purposes;
2. 
Resort and recreational facilities for which occupancy is limited to 90 days for any person in any 12-month period, or cabin or motel units which are not to be used as primary residences and which are to be constructed within and primarily to serve Federal, State or County parks or forests;
3. 
Recreational trailer parks, temporary trailer parks, or travel trailer parks as those terms are defined in the Mobilehome Parks Act.
"Director"
means the Director of Planning and Building of the City of Santee and any subsequent title for this department head, the City Planner, or designee. In the event that this position is vacant or eliminated by the City, the Director shall be the City Manager or designee.
"Dwelling"
means a building or portion thereof used exclusively for residential purposes, including one-family, two-family, and multiple dwellings, and also means mobile home, and mobile home sites or spaces in mobile home parks.
"Dwelling unit"
means a single unit providing complete, independent living facilities for one or more persons, and includes an accessory dwelling as defined in Title 13.
"Family"
has the same meaning set forth in the zoning code.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)
A. 
Except as otherwise provided, this chapter applies to all tentative maps of subdivision, all applications for special use permits filed with the Director, and all building permits or other permits for development filed with the Director. For major subdivisions to which this chapter applies, the required amount of land, or fees in lieu of land, is the amount prescribed by this chapter on the date on which the environmental impact initial study or draft environmental impact report was filed, together with required maps and fees for the subdivision; provided, that the tentative subdivision map is approved within two years after the date.
B. 
This chapter does not apply to the following:
1. 
Any subdivisions containing fewer than five parcels; provided, however, that a condition may be placed on the approval of such a parcel map, that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit;
2. 
Commercial, industrial, or other nonresidential subdivision;
3. 
Condominium stock cooperative projects consisting of the subdivision of airspace in an existing apartment building which is more than five years old and when no new dwelling units are added;
4. 
The replacement on the same parcel by the owner of a dwelling or dwelling destroyed by fire or other calamity, provided that the application for a building permit to replace such dwelling is filed with the Director within six months after destruction of the dwelling.
(Ord. 565 § 3, 2019)
A. 
Except as otherwise provided in this chapter, the applicant for any development must, as a condition of approval of the development, dedicate land, pay fees in lieu of land, or a combination of both, pursuant to this chapter for the purpose of providing park or recreation facilities to serve future residents of such development.
B. 
Before receiving any building permit or other permit for development under the jurisdiction of the Director, the applicant must pay fees prescribed in Section 12.40.070 or present a written statement from the Director certifying that the requirements of this chapter have otherwise been satisfied with respect to the development for which permits are sought.
C. 
In the event that subsequent development occurs with respect to property for which fees have been paid or land dedicated, additional fees or dedication are required only for additional lots or dwelling units which were not included in computing the prior fee or dedication requirements.
(Ord. 565 § 3, 2019)
A. 
An applicant for a tentative subdivision map or other application for development approval, must, as a part of such filing, indicate a preference to either dedicate land for park or recreation purposes, pay a fee in lieu of land, or both. If the applicant prefers to dedicate land, the applicant must specify the land proposed to be dedicated.
B. 
To facilitate decisions regarding dedication of land, the developer must furnish a tabulation showing the number of dwelling units proposed to be constructed in each portion of the development. The Director may waive the tabulation requirement at the Director's sole discretion.
(Ord. 565 § 3, 2019)
A. 
Developments Containing 50 or Fewer Parcels.
1. 
Except as otherwise provided in this section, only the payment of fees is required for developments containing 50 or fewer parcels, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Sections 4105, 4125, and 4190 of the Civil Code, exceed 50 dwelling units, dedication of land may be required, even though the number of parcels may be less than 50.
2. 
An applicant for a development containing 50 or fewer parcels may offer to dedicate land in lieu of paying fees, in which event the City Council may elect to accept the land or require the payment of fees, or a combination of both, and in making such election will consider the factors set forth in this section.
B. 
Developments Containing More Than 50 Parcels. The City Council determines whether to require dedication of land, payment of a fee in lieu of land, or a combination of both, for developments containing more than 50 parcels. In making this determination, the City Council considers the following factors:
1. 
Conformity of lands offered for dedication with the recreation element of the General Plan;
2. 
The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;
3. 
The size and shape of the development and land available for dedication;
4. 
The amount, usability, and location of publicly owned property available for combination with dedicated lands in the formation of local park and recreation facilities;
5. 
The recreation facilities to be privately owned and maintained by future residents of the development.
(Ord. 565 § 3, 2019)
A. 
The amount of land to be dedicated pursuant to this chapter must be based on the average occupancy rate per dwelling type and the ratio of dedication equivalent to five acres per 1,000 population according to the following table:
Dwelling Type
Square Feet to Be Dedicated Per Unit
Single-family
740.5
Multifamily
675.2
Mobilehome
370.3
B. 
The amount of a fee in lieu of land to be paid pursuant to this chapter is set by resolution of the City Council and is based on the City-wide average of land available for park purposes within the urbanized area of the City, plus the estimated cost for developing said land into usable parks. The fee is automatically adjusted for inflation on July 1 of each year. The inflation adjustment is two percent or based on the previous calendar year's increase in the San Diego Consumer Price Index (CPI-U: All Items) as published by the Bureau of Labor Statistics, whichever is higher. The fees received under this chapter are deposited in the park in lieu fund and must be used for the purchase, development and/or rehabilitation of park and recreational facilities.
(Ord. 565 § 3, 2019)
A. 
If the development in question is a subdivision and land is to be dedicated, approval of the tentative map will be conditioned on offering the land for dedication prior to approval of the final map.
B. 
If the development in question is a subdivision and fees alone are to be paid or fees are to be paid in combination with the dedication of land, approval of the tentative map will be conditioned on a requirement that the subdivider must deposit the fees with the City before receiving any building permits.
C. 
If the development in question is other than a subdivision, the land must be offered for dedication or the fee in lieu of land must be deposited with the Director before issuance of a building permit, permit to construct a mobile home park, or if neither permit is required, prior to the issuance of any other permit that may be required to authorize the replacement, construction, or installation of a dwelling.
(Ord. 565 § 3, 2019)
Any fee paid pursuant to the provisions of this chapter will not be refunded except under either of the following circumstances:
A. 
Timely Withdrawal of Application. On written application for a refund, after the application for approval of the development is timely withdrawn as follows:
1. 
For a subdivision, the withdrawal must occur prior to recording the final map, except as otherwise provided in subsection B of this section;
2. 
For all other developments, the withdrawal must occur prior to the commencement of actual construction.
B. 
Credit or Land Dedication. An applicant for a building permit to construct a dwelling within a planned residential development or other subdivision for which a tentative map has been filed, and for which fees required by this chapter have been paid, may submit a written request for a refund of the amount deposited and the Director is authorized to issue refund, in the following circumstances:
1. 
If the Director determines to allow a credit to the applicant for private parks pursuant to Section 12.40.100, the Director is authorized to refund the amount set forth in a verified copy of the action taken by the Director authorizing such credit;
2. 
If the City Council elects to accept land in lieu of fees pursuant to Section 12.40.060, the Director is authorized to refund the amount set forth in a verified copy of the action taken by the City Council accepting such land.
(Ord. 565 § 3, 2019)
Where a development provides a private area for park and recreational purposes and such area is to be privately owned and maintained by the future owner(s) of the development, such area may be credited against up to 50% of the requirement of land dedication or fees payment, if the Director determines that it is in the public interest to do so, and that all of the following standards either have been or will be met prior to approval of the final subdivision map:
A. 
That yards, court areas, setbacks, and other open areas, required to be maintained by the zoning and building ordinances and other regulations, will not be included in the computation of such private areas;
B. 
That the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions;
C. 
That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument approved by the City Attorney;
D. 
That the proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
E. 
That the facilities proposed:
1. 
Are in substantial accordance with the provisions of the recreation element of the General Plan, or adopted community or specific plans,
2. 
Are appropriate to the recreation needs of the future residents of the development, and
3. 
Will substitute for the park lands otherwise required to be dedicated in meeting the recreation needs of the residents.
(Ord. 565 § 3, 2019)
When an applicant has dedicated a park to the public to serve a subdivision for which a tentative map was filed, the City Council may, pursuant to Sections 12.40.060 and 12.40.070, allow the following credits for such park:
A. 
A credit against up to 100% of the requirement for land dedication;
B. 
A credit against up to 100% of fee payment required by this chapter for building permits to construct dwellings on the subdivision lots served by the dedicated public park; or
C. 
A credit against fees required for such building permits for the value of improvements to such park installed or constructed by the applicant; provided that such credit must not exceed the value of improvements normally authorized by the City for similar parks.
(Ord. 565 § 3, 2019)
The land and fees required pursuant to this chapter must be used only for the purpose of providing park or recreation facilities which are in accordance with the principles and standards contained in the recreation element of the General Plan, and which will serve residents of a local park planning area as delineated in the recreation element which includes the development from which the fees were derived.
(Ord. 565 § 3, 2019)
Development of park or recreational facilities for which land has been dedicated or for which fees have been paid in lieu thereof will begin when the City Council determines that sufficient residential development has occurred so as to render the park or recreational facilities reasonably necessary.
(Ord. 565 § 3, 2019)
The City Council may from time to time approve such regulations as it deems necessary to implement the provisions of this chapter.
(Ord. 565 § 3, 2019)