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)
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the application for approval of the development is timely withdrawn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, th
e 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)