This chapter is enacted by the Board of Supervisors of Sacramento
County to supplement provisions of Chapter 22.52 of this code by providing
for the County and local governmental agencies within the County a
broader base for funds to acquire local parks and recreational facilities
to serve residential areas within the unincorporated area of the County.
The Board of Supervisors has determined that:
1. It is
inequitable to require only subdividers of real property pursuant
to the provisions of Chapter 22.52 to provide land/or fees in lieu
thereof for local parks or recreational facilities.
2. Apartment
houses and single family dwellings on individual lots place demands
on local parks and recreational facilities which must be met if the
recreational needs of all of the residents of the unincorporated area
of the County are to be served;
3. The
general welfare, health and safety of the residents of the County
will be enhanced by the development of recreational facilities. Children
and adults will be able to safely pursue recreational activities in
areas specifically designed for recreational purposes;
4. The
dramatic increase in population and dwelling construction, particularly
in the unincorporated area of the County has not been met with a corresponding
availability of parks and local recreational facilities to serve the
population.
(SCC 88 § 1, 1972)
Prior to the issuance of any building permit pursuant to Chapter
16.04 for a new principal residential structure or a multiple family structure, a fee as determined herein shall be paid to the Department of Public Works of the County to be used for the acquisition and/or development of local parks and recreational facilities. The fee shall be computed as follows:
1. Forty
dollars for each principal single family dwelling on a single lot;
2. Twenty-five
dollars for each dwelling unit within a multiple family structure.
Any fee shall be paid before the building permit to authorize
the construction shall be issued by the Department of Public Works
of the County.
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The schedule of payments is based on the application of the
constants described in Section 22.52.100 to a gross acre value of
five thousand dollars per acre. The latter value has been determined
by the Board of Supervisors to be an average land value applicable
throughout the unincorporated area of Sacramento County for land being
developed in residential use.
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(SCC 88 § 1, 1972)
Fees collected pursuant to Section
9.70.020 shall be deposited in the local parks facilities trust fund established pursuant to Section 22.52.080 and shall be administered by the County Department of Regional Parks.
(SCC 88 § 1, 1972; SCC
1331 § 7, 2006)
Fees deposited in the local parks facilities trust fund shall
be used only for the purpose of providing local parks and recreational
facilities consistent with the local recreation spaces element of
the general plan; provided, however, if the general plan provides
for a major county park or other major recreational facility within
one mile of the parcel being developed, any fee collected may be applied
for the acquisition of land/or the development of such facility.
(SCC 88 § 1, 1972)
A fee shall not be required pursuant to Section 9.70.30 if the
land on which the single family or multiple family dwelling unit is
to be constructed is included within a recorded subdivision and, which
as a condition of the approval of the final map of the subdivision,
the subdivider was given credit for privately owned facilities pursuant
to Section 22.52.130 or dedicated land, paid a fee in lieu thereof,
or both, for local parks or recreational purposes pursuant to Sections
22.52.100 through 22.52.130.
(SCC 88 § 1, 1972)
Any person who comes within the provisions of this chapter may
appeal any matter relative to this chapter to the Board of Supervisors;
provided any appeal must be filed with the clerk of the Board of Supervisors
by letter addressed to the Board within ten calendar days after the
decision or action which prompts the appeal. The appeal will be set
for hearing before the Board of Supervisors within thirty calendar
days after receipt of the notice of appeal. A filing of a notice of
appeal shall stay the issuance of any building permit pending the
decision of the Board of Supervisors on the appeal.
(SCC 88 § 1, 1972)
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is for any reason held to be unconstitutional or unlawful,
such decision shall not affect the validity of the remaining portions
of this chapter. The Board of Supervisors declares that it would have
passed the ordinance, codified in this chapter, and each section,
subsection, paragraph, sentence, clause and phrase thereof irrespective
of the fact that any one or more of the sections, subsections, paragraphs,
sentences, clauses or phrases is declared unconstitutional or unlawful.
(SCC 88 § 1, 1972)