This ordinance is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The park and recreation facilities for which dedication of land and/or payment of a fee is required by this ordinance are in accordance with the Master Plan for Parks, Recreation and Open Space Element of the General Plan of the City of Norco, as adopted by the City.
(Ord. 782, 2001)
General Standard. It is hereby found and determined that the public interest, convenience; health; welfare, and safety require that five (5) acres of property for each 1, 000 persons residing within the City of Norco be devoted to local park and recreational purposes.
The subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. A typical acre of the buildable land shall have a slope less than 10% and land graded within one tenth of a foot of finish graded pad. Buildable land shall be located in other than an area on which building is excluded because of flooding, easements, or other restrictions The amount of land to be provided shall be determined pursuant to the following formula.
(1) 
The City Council, or the City Council designee, shall approve the land to be dedicated to be made pursuant to this section.
(2) 
The formula for determining acreage to be dedicated shall be as follows:
DUs x Pop. x 5 acres = Minimum acre dedication
DU 1,000 people
where:
DUs = Number of dwelling units in subdivision
Pop. = population per dwelling unit as determine by the last estimate
DU provide by the latest Federal Census
(3) 
The number of new dwelling units shall be based upon the number of parcels indicated on the subdivision map.
General Formula. If it is determined that a land dedication is not in the best interests of the residents of the subdivision and the City, the subdivider shall in lieu of dedicating land pay a fee equal to the value of that land, such fee to bear a reasonable relationship to serve the present and future residents of the area being subdivided.
Subdivisions containing fifty (50) parcels or less shall be required to only pay in-lieu fee and shall be exempt from the requirement of land dedication. The in-lieu fee shall be paid to the City at the time the final map for the subdivision is recorded, unless conditioned otherwise.
(1) 
Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the residents of the subdivision.
The subdivider may be required to both dedicate land and pay a fee in lieu thereof at the determination of the City Council. The formulas that have been established for land dedication and the amount of fee in lieu of land dedication shall be utilized.
(1) 
Amount of Fee In Lieu of Land Dedication: When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land that would otherwise be required for dedication pursuant to Section 17.14.06 (2). The fee shall be determined by the following formula, with the evaluation based on land that has a slope less than 10% and graded within one tenth of a foot of finish graded pad, where building is not excluded because of flooding, easements, or other restrictions:
Min. Acre Dedication x FMV = In Lieu Fee
Buildable acre
where:
FMV =fair market value
Buildable acre = a typical acre of the subdivision, with a slope less than 10% and graded within one tenth of a foot of finish graded pad, located in other than an area on which building is excluded because of flooding, easements, or other restrictions.
Fees to be collected pursuant to this section shall be approved by the City Council, or the City Council designee.
The fair market value shall be determined by the City Council, or the City Council designee, based on unimproved land with a written appraisal report prepared and signed by a certified MAI appraiser (to be paid by the subdivider). The City shall review the qualifications of the MAI appraiser prior to the appraisal of the land. The appraisal shall be made prior to the filing of the final map being recorded. The subdivider shall notify the Director of the expected filing date at least six (6) weeks prior to the filing of the final map, if more than one (1) year elapses prior to filing of the final map and the date of the appraisal, the subdivider shall have a new appraisal prepared. The determination of the fair market value of a buildable acre shall consider, but not necessarily be limited to, the following:
1. 
Approval of and conditions of the tentative subdivision map.
2. 
General Plan designation of the land.
3. 
Zoning classification of the property.
4. 
Location of the property.
5. 
Site characteristics of the property.
If the subdivider objects to the determined fair market value, the determination may be appealed to the City Council. The burden of proof as to the fair market value of the land shall lie with the subdivider.
Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
1. 
The natural features, access, and location of land in the subdivision available for dedication.
2. 
The size and shape of the subdivision and the land available for dedication.
3. 
The usability and function of the land for park and recreation purposes.
4. 
The feasibility of dedication, from an acceptability and suitability aspect.
5. 
The compatibility of dedication with the Master Plan for Parks, Recreation and Open Space Element.
6. 
The location of existing and proposed park sites and trails.
7. 
The current and future recreational needs of the community.
8. 
The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final.
The Quimby Act requires the City to develop a schedule specifying how, when, and where the City will use the land or fees to develop park and recreation facilities, and includes required provisions for repayment of fees not committed within five years.
Disposition of Fees. Fees determined pursuant to Section 17.14.08 shall be paid to the City and shall be deposited into the Park Development Fund. Money in this fund, including accrued interest, shall be expended solely for acquisition or development of parkland, or improvements for recreational facilities.
Collected fees shall be appropriated by the City for a specific project to reasonably serve the residents of the subdivision within five years upon receipt of payment, or within five years after the issuance of building permits on one half of the lots created by the subdivision, whichever occurs first.
If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots in the subdivision.
The Director of Finance shall report to the City Council at least annually on income, expenditures, and the status of the Park Development Fund.
The provisions of the ordinance do not apply to a commercial or industrial subdivision, unless it is used for residential development. If commercial or industrial property is allowed by the City to be used for residential purposes, the provisions of this chapter shall apply.
The value of park and recreation improvements excluding those improvements as noted in Section. 17.14.06 provided by the subdivider to the dedicated land may be credited against the fees or dedication of land required by this ordinance. The City Council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.