This chapter is enacted pursuant to the authority granted by
Section 66477. The park and recreational facilities for which dedication
of land and/or payment of fee is required shall be in accordance with
the local recreational element of the general plan. Land dedication
under this chapter shall conform to the County general plan, to any
adopted community plan, and the applicable provisions of Section 66477.
(SCC 574 § 2, 1983)
As a condition of approval of a tentative subdivision map or
tentative parcel map, the subdivider shall dedicate land, pay a fee
in lieu thereof, or both, at the option of the County for neighborhood
and community park or recreational purposes at the time specified
by the County according to the standards and formula contained in
this chapter.
(SCC 325 § 4, 1978; SCC
394 § 4, 1979; SCC 574 § 2, 1983)
At the time of filing of a tentative subdivision map for approval,
the subdivider of the property shall, as a part of such filing, indicate
whether the subdivider desires to dedicate property for park or recreation
purposes, or whether the subdivider desires to pay a fee in lieu thereof,
or a combination of dedication and in-lieu fees. If the subdivider
desires to dedicate land for this purpose, the subdivider shall designate
the area thereof on the tentative subdivision map as submitted.
(SCC § 4, 1978; SCC 574
§ 2, 1983)
A. Prior
to the time of tentative subdivision or tentative parcel map approval,
the Board shall have determined whether the County or another public
agency is the appropriate local public agency providing park and recreation
services on a community wide level and to the area within which the
proposed development will be located. Pursuant to such determination,
land/or fees required under this section shall be conveyed or paid
directly to the designated agency, if such agency elects to accept
the land/or fee.
B. In
the event park and recreation services and facilities are provided
by a public agency other than the County, the amount and location
of land to be dedicated or fees to be paid shall be jointly determined
by the Board and the Board of directors of such public agency.
(SCC 574 § 2, 1983; SCC
1585 § 39, 2015)
The advisory agency or board shall require the dedication of
all land, the payment of fees in lieu thereof, or a combination of
both as provided herein, for park or recreational purposes as a condition
to the approval of a tentative subdivision or tentative parcel map;
provided that:
A. The
land, fees, or combination thereof are to be used only for the purposes
of developing new and rehabilitating existing park or recreational
facilities to serve the subdivision.
B. The
amount and location of land to be dedicated or the fees to be paid
shall bear a reasonable relationship to the use of the park and recreational
facilities by the future inhabitants of the subdivision.
C. The
board and/or the designated local public agency shall develop a scheduled
specifying how and when it will use the land/or fees, or both, to
develop park or recreational facilities to serve the residents of
the subdivision. Any fees collected shall be committed within five
years after the payment of fees or the issuance of building permits
on one-half of the lots created by the subdivision, whichever occurs
later. If such fees are not committed, they shall be distributed and
paid to the then record owners of the subdivision in the same proportion
that the size of their lot bears to the total area of all lots within
the subdivision.
D. Only
the payment of fees may be required in subdivisions containing fifty
parcels or less. However, nothing in this chapter shall prohibit the
dedication and acceptance of land for park and recreation purposes
in subdivisions of fifty parcels or less, if the subdivider voluntarily
proposes such dedication and the land otherwise meets the requirements
of this title.
E. Subdivisions
containing less than five parcels and not used for residential purposes
shall be exempted from the requirements of this article; provided
however, that a condition may be placed on the approval of such 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 such
parcel as a condition to the issuance of such permit.
F. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this ordinance, as determined pursuant to Section
22.40.085.
(SCC 325 § 4 part, 1978; SCC 395 § 5, 1979; SCC 574 § 2,
1983; SCC 1585 § 40, 2015)
A. If
the advisory agency or Board of Supervisors requires the dedication
of land, the subdivider or owner shall dedicate land for neighborhood
and community parks according to the formula D x F = A in which:
D equals the number of dwelling units.
F equals a "factor" herein described.
A equals the amount of land, in acres, to be dedicated.
B. "Apartment
area" means an area of land used for or proposed for residential occupancy
in buildings or structures designed for five or more families for
living or sleeping purposes and having kitchen and bath facilities
for each family. Included are condominiums and cluster developments.
"Dwelling unit" means one or more rooms in a building or structure
or portion thereof designed exclusively for residential occupancy
by one family for living or sleeping purposes and having kitchen and
bath facilities, including mobilehomes.
"Mobilehome development" means an area of land used for or proposed
for residential occupancy in vehicles which require a permit to be
moved on a highway, other than a motor vehicle designed or used for
human habitation and for being drawn by another vehicle.
"Multiple-family area" means an area of land used for or proposed
for residential occupancy in buildings or structures designed for
two through four families for living or sleeping purposes and having
a kitchen and bath facilities for each family, including two-family,
group and row dwelling units.
"Single-family area" means an area of land used for or proposed
for buildings designed for occupancy by one family.
C. The factors 0.0089, 0.0072, 0.0064 and 0.0067 are constants determined from the 2016-2020 American Community Survey of the population trends and studies of Sacramento County which, when multiplied by the number of dwelling units permitted in the subject area, will produce three acres per thousand population to be devoted to neighborhood or community park facilities. This limit is specified in Section 66477 of the
Government Code, and limits the objective in the recreation element of the general plan, unless a higher standard is adopted pursuant to Section
22.40.045. The Director shall re-establish such factors every 10 years in conjunction with the Federal census.
Fs = 0.0089 relating to single-family dwelling units
Fm = 0.0072 relating to multiple-family dwelling units
Fa = 0.0064 relating to apartment, cluster and condominium dwelling
units
Fmh = 0.0067 relating to mobilehome development dwelling units
D. In
multiple-family and apartment areas, the number of dwelling units
shall be calculated from the maximum density permitted in the proposed
zone, as determined from the Zoning Code, including any density bonus,
unless the subdivider can demonstrate that the development will contain
a lesser number of dwelling units. For tentative parcel maps in multi-family
zones which require development plan review pursuant to Sacramento
Zoning Code Sections 110-80 et seq., a condition may be added to the
tentative parcel map stating that the number of dwelling units may
be calculated using the density tentatively approved pursuant to development
plan review, and such review shall not become final until the required
land/or improvements are dedicated or fees in lieu thereof are paid
by the subdivider to the satisfaction of the County.
(SCC 574 § 2, 1983; SCC
599 § 1, 1984; SCC 1373 § 1,
2007; SCC 1381 § 1, 2008; SCC 1585 § 41, 2015; SCC 1704 § 1,
2022)
Where the advisory agency or board requires the payment of in
lieu fees, the amount to be paid shall be a sum calculated pursuant
to the following formula:
A x V = M
|
where,
|
A = the amount of land required for dedication as determined by Section 22.40.035 or 22.40.045;
|
V = fair market value per acre of the property to be subdivided,
as established by an appraisal at the time of payment, by the office
of the County assessor, based on the proposed land use; and
|
M = the number of dollars to be paid in lieu of dedication of
land.
|
(SCC 574 § 2, 1983)
A. This section specifies the alternative method to that specified in Section
22.40.035 for determining the factors used in calculating the area of land to be dedicated.
B. The
County Department of Regional Parks or any other local public agency
providing parks may apply to the Board of Supervisors for a determination
of the standard for existing neighborhood and community park acreage.
In its application, the agency shall present its calculations, reports
and other evidence showing that the amount of existing neighborhood
and community park area exceeds three acres of park area per 1,000
members of the population of the County or applicable local agency
providing parks. The calculation shall be derived pursuant to Government
Code Section 66477.
C. If
the Board of Supervisors determines after a noticed public hearing
that the standard for existing neighborhood and community park acreage
exceeds three acres of parks for 1,000 members of the population of
the County or local public agency, the County Code shall be amended
to reflect the new standard.
D. The amount of land dedicated or fees paid in lieu thereof as a condition to the approval of a tentative map or parcel map in the jurisdiction of the local public agencies specified in this section shall be calculated using the following factors instead of those specified in Section
22.40.035.
|
Acreage Dedication Requirement
|
Fs (Single Family)
|
Fm (Multiple Family)
|
Fa (Apartment Cluster Condominium)
|
Fmh (Mobilehome)
|
---|
Arden Manor
|
3.18
|
0.0095
|
0.0077
|
0.0068
|
0.0071
|
Carmichael
|
4.85
|
0.0145
|
0.0012
|
0.0104
|
0.0108
|
Cordova
|
4.87
|
0.0145
|
0.0012
|
0.0104
|
0.0108
|
Elk Grove (now CCSD)
|
5.00
|
0.0149
|
0.0121
|
0.0107
|
0.0111
|
Fair Oaks
|
4.65
|
0.0139
|
0.0112
|
0.0100
|
0.0103
|
Fulton-El Camino
|
5.00
|
0.0149
|
0.0121
|
0.0107
|
0.0111
|
Mission Oaks
|
3.07
|
0.0091
|
0.0074
|
0.0066
|
0.0068
|
Southgate
|
5.00
|
0.0149
|
0.0121
|
0.0107
|
0.0111
|
Sunrise
|
4.50
|
0.0134
|
0.0108
|
0.0096
|
0.0100
|
CSA #4c
|
5.00
|
0.0149
|
0.0121
|
0.0107
|
0.0111
|
Rio Linda CSA 3a
|
5.00
|
0.0149
|
0.0121
|
0.0107
|
0.0111
|
Orangevale
|
5.00
|
0.0149
|
0.0121
|
0.0107
|
0.0111
|
(SCC 574 § 2, 1983; SCC
654 § 1, 1986; SCC 0896 § 1,
1992; SCC 1331 § 8, 2006; SCC 1373 § 2, 2007; SCC 1381 § 2,
2008; SCC 1585 § 42, 2015; SCC 1704 § 2, 2022)
When a final map is approved after January 1, 1983, in substantial
compliance with a tentative map approved prior to January 1, 1983,
the advisory agency or board shall require dedication of land/or payment
of fees, or both, as a condition of approval of the final map using
the current standards otherwise applicable to tentative maps after
January 1, 1983.
(SCC 574 § 2, 1983)
This chapter shall not apply to:
A. Commercial
or industrial subdivisions;
B. Condominium
projects or stock cooperatives which consist of the subdivision of
airspace in an existing apartment building which is more than five
years old when no new dwelling units are added; or
C. Tentative
subdivision maps or tentative parcel maps in agricultural or agricultural
residential zones as defined in the Sacramento County Zoning Code
when more than 50% of the lots created exceed two gross acres each;
D. A tentative
subdivision or tentative parcel map of existing multi-family residential
units which are more than five years old when no new dwelling units
are added; or
E. A lot
or parcel, within a tentative subdivision or tentative parcel map,
that contains a single family dwelling that is more than five years
old when no new dwelling units are added to said lot or parcel.
(SCC 574 § 2, 1983; SCC
617 § 1, 1985; SCC 1585 § 43,
2015)
Land and facilities for the activity of "recreational community
gardening," which activity consists of the cultivation by persons
other than or in addition to, the owner of such land, of plant material
not for sale, shall be deemed a park and recreational purpose.
(SCC 574 § 2, 1983)
A. The
board may grant credit for privately-owned and maintained open space
or local recreation facilities, or both, in planned unit developments
or residential townhouse units, or mobilehome developments or special
planning areas, as defined in the Zoning Code. Such credit shall be
subtracted from the dedication or fees, or both; provided:
1. Yards,
patio court areas, setbacks, and other open space areas required by
this title and the Zoning Code shall be maintained;
2. Provision
is made by written agreement or recorded covenants, that the private
areas be adequately maintained;
3. The
use of private open space or recreation facilities is limited to park
and local recreation purposes and shall not be changed to another
use without the written consent of the Board.
B. Land/or
facilities which may qualify for credit will generally include the
following:
1. Open
spaces, which are generally defined as parks and parkway areas, ornamental
parks, extensive areas with tree coverage, lowlands along streams
or areas of rough terrain when such areas are extensive and have natural
features worthy of scenic preservation, golf courses, or open areas
on the site in excess of twenty thousand square feet;
2. Court
areas for tennis, badminton, shuffleboard or similar hard-surfaced
areas designed and used exclusively for court games;
3. Recreational
swimming areas defined as fenced areas devoted primarily to swimming
and diving, including decks, lawned area, bathhouses, or other facilities
developed and used exclusively for swimming and diving and consisting
of no less than fifteen square feet of water surface area for each
three percent of the population of the subdivision;
4. Recreation
buildings, designed and primarily used for the recreational needs
of the residents of the development;
5. Special areas defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake sites, hiking, riding or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake site or river beaches, improved access or right-of-way in excess of requirements of Section
22.40.035, and similar types of open space or recreational facilities.
(SCC 574 § 2, 1983; SCC
1585 § 44, 2015)
The categories for credit described in Section
22.20.065 shall be given equal weight, each category not to exceed twenty-percent of the total dedication or fee which may be required by the Board. The board may grant additional credit for each category if there is substantial evidence that:
A. The
open space or recreational facility is above average in esthetic quality,
arrangement or design; or
B. The
open space or recreational facility is clearly proportionately greater
in amount or size than required by this title or usually provided
in other similar types of development; or
C. The
open space or recreational facility is situated so as to compliment
open space or local recreational facilities in other private or public
developments.
(SCC 574 § 2, 1983; SCC
1585 § 45, 2015)
All land offered for dedication for park and recreational purposes
shall have access on at least one existing or proposed public street.
This requirement may be waived by the Board if the Board determines
that the public street access is unnecessary for the maintenance of
the park area or use thereof by the residents.
(SCC 574 § 2, 1983)
The subdivider or owner and the Board or the Director of a local
park and recreational district may, after dedication of the land and
before construction of the first dwelling unit, agree to sell the
land dedicated and use the proceeds thereof towards the acquisition
of a more suitable site. Such sale is subject to the limitations imposed
on disposition of park property set forth in the
Government Code.
(SCC 574 § 2, 1983)
A. If the subdivider proposes to receive credit for providing park and recreational improvements to the land the subdivider has dedicated, or equipment located thereon, the following procedure shall be followed. At the time of filing for the tentative map, the subdivider shall notify the local agency providing park and recreational services to the area within which the proposed development will be located that he or she intends to receive credit for park and recreational services to the area within which the proposed development will be located that he or she intends to receive credit for park and recreational improvements to the dedicated land and equipment located on that land. At the time of approval of the tentative map, the amount of land to be dedicated necessary to comply with this chapter shall be calculated pursuant to Section
22.40.035 or
22.40.045. As a condition of approval of such tentative map, the developer shall be required to dedicate the calculated amount of land/or its equivalent in fees or credits at the time of filing the final map, and the developer shall sign an agreement with the local agency stating that land, and any equipment located thereon shall be calculated and dedicated at the time of approval of the final map in an amount equivalent to the current value of the amount of land required to be dedicated as a condition of the tentative map.
B. Such
land, improvements and equipment may be accepted by the local agency
if such land, improvements and equipment complies with its master
plan for that park. Immediately upon the approval or conditioned approval
of the tentative map to the subdivider, the local agency providing
parks shall initiate preparation of a master plan for the park area
proposed to receive the credits. Such master plan shall be completed
within the duration of the tentative map and not later than 36 months
from approval of the tentative map.
C. At the time of approval of the final map, the subdivider shall dedicate land to the local agency providing parks if such dedication is consistent with the master plan. The subdivider and the local agency shall enter into a credit agreement whereby the subdivider agrees to pay a fee in lieu of dedication of land, and provide a bond or other security acceptable to the County guaranteeing the subdivider will pay the fee, in the amount of the remainder of the obligation calculated pursuant to subsection
A. The subdivider then shall specify the improvements to the dedicated land together with equipment located thereon he or she wishes to provide, consistent with the master plan. The public agency shall proceed with a standard competitive bid process to arrive at the lowest responsible bidder for providing such improvements and equipment. Upon completion of the competitive bid process, the subdivider shall pay the fee, which shall be used to pay for such improvements and equipment. If no fee is paid, the bond or other security shall be used for such payment. The remainder of the fee or security, if any, shall be retained by the local agency.
D. If the developer and local agency agree to allow installation of park and recreational improvements and equipment located on the dedicated land, rather than providing a fee, bond, or other security pursuant to subsection
C, the developer may do so provided that such improvements are consistent with the park master plan. The amount of credit to be given shall be determined jointly by the local agency providing parks, the Chief, and the developer, based on evidence presented by the developer showing that such improvements were obtained and installed at a reasonable, competitive rate for the community. Only reasonable charges shall be eligible for credit under this section. The developer may choose to construct and provide such improvements and equipment only upon a showing to the Chief and local agency providing parks that such a procedure will not result in costs in excess of that obtainable by using a competitive bidding process carried out by the public agency, pursuant to subsection
C.
(SCC 574 § 2, 1983; SCC
1585 § 46, 2015)