Chapter 16.40
PARK DEDICATIONS AND FEES
Sections:
16.40.010 Purpose.
16.40.020 Requirements.
16.40.030 General standard.
16.40.040 Formula for dedication of land.
16.40.050 Fee requirements for new residential construction not within a subdivision.
16.40.060 Formula for fees in lieu of land dedication.
16.40.070 Criteria for requiring both dedication and fee.
16.40.080 Amount of fee in lieu of land dedication.
16.40.090 Determination of Fair Market Value.
16.40.100 Determination of land or fee.
16.40.110 Credit for private open space.
16.40.120 Procedure.
16.40.130 Disposition of fees.
16.40.140 Exemptions.
16.40.150 Subdivider-provided park and recreation improvements.
16.40.160 Agency to accept land and fees.
16.40.170 Access.
16.40.180 Sale of dedicated land.
16.40.010 Purpose.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreation facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the Aesthetics, Cultural, and Recreation Resources Element of the general plan of the city of San Jacinto, adopted by the city of San Jacinto on May 5, 1987. (Ord. 932 § 1, 1991)
16.40.020 Requirements.
At the time of approval of the tentative map or parcel map, the city planning commission shall determine pursuant to Section 16.40.040 the land required for dedication or in lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof or both, at the option of the city planning commission, for neighborhood and community park or recreation purposes at the time and according to the standards and formula contained in this chapter. (Ord. 932 § 2, 1991)
16.40.030 General standard.
It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each one thousand (1,000) persons residing with this city be devoted to local park and recreational purposes. (Ord. 932 § 3, 1991)
16.40.040 Formula for dedication of land.
Where a park or recreation facility has been designated in the Aesthetics, Cultural, and Recreational Resources Element, an element of the general plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, 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.
The amount of land to be provided shall be determined pursuant to the following formula:
|
Average number of persons/unit divided by |
1,000 population |
= minimum acreage dedication |
The following table of population density has been established pursuant to Section 66477(b) of the Government code:
|
Park Land Dedication Formula Table |
||
|
Types of Dwellings |
Average Density/DU |
Acreage/DU (5 ac. std.) |
|
Single-family detached |
2.918 |
.015 |
|
Single-family attached |
1.747 |
.0087 |
|
2-4 units |
2.559 |
.0128 |
|
5+ units |
2.236 |
.112 |
|
Mobilehomes |
1.614 |
.0081 |
Dedication of the land shall be made in accordance with the procedures contained in Section 16.40.120.
For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling per parcel. When all or part the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.
The subdivider, shall, without credit: (1) provide full street improvements and utility connections including, but not limited to curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; (2) provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; (3) provide improved drainage through the site; and (4) provide other minimal improvements which the city planning commission determines to be essential to the acceptance of the land for recreational purposes.
The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director of community development. (Ord. 932 § 4, 1991)
16.40.050 Fee requirements for new residential construction not within a subdivision.
In addition to any other fee or fees prescribed, every person constructing any new dwelling unit or placing a mobilehome in the city on parcels, or in subdivision or land divisions approved prior to the adoption of the ordinance codified in this chapter, unless there has been prior agreement for park dedication in lieu of fees, shall pay to the city treasurer a fee per the formula established in Section 16.40.070. No land dedication is acceptable.
For purposes of this section, “fair market value” shall be the land value as shown on the most current county of Riverside assessor’s records. (Ord. 932 § 5, 1991)
16.40.060 Formula for fees in lieu of land dedication.
A. General Formula. If there is no park or recreation facility designated in the Aesthetics, Cultural, and Recreational Resources Element, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus twenty (20) percent toward costs of off-site improvements, prescribed for dedication in Section 16.04.040 and in an amount determined in accordance with provisions of Section 16.40.070, such fee to be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.
For the purposes of this ordinance, off-site improvements are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 16.40.040.
B. Fees in Lieu of Land-Fifty Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty (20) percent toward costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in Section 16.40.040 and in an amount determined in accordance with the provisions of Section 16.40.070.
However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the planning commission.
C. 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 recreation facilities reasonably related to serving the subdivision. (Ord. 932 § 6, 1991)
16.40.070 Criteria for requiring both dedication and fee.
In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:
A. When only a portion of the land to be subdivided is proposed on the Aesthetics, Cultural, and Recreational Resources Element as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of Section 16.40.080 shall be paid for the value of any additional land, plus twenty (20) percent toward costs of off-site improvements, that would have been required to be dedicated pursuant to Section 16.40.040.
B. When a major part of the local park or recreation site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provision of Section 16.40.080 shall be paid in an amount equal to the value of the land, plus twenty (20) percent toward the costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to Section 16.40.040, such fees to be used for the improvement of other local parks and recreation facilities in the area serving the subdivision. (Ord. 932 § 7, 1991)
16.40.080 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 which would otherwise be required for dedication pursuant to Section 16.40.040, plus twenty (20) percent toward costs of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula:
|
DUs |
x |
Pop |
x |
5 acres |
x |
FMV |
= |
subtotal x 6/5 |
= in-lieu fee |
|
DU |
1,000 people |
Building acre |
where
|
DUs |
= |
Number of dwelling units as defined in Section 4 |
|
Pop |
= |
Population per dwelling unit DU |
|
FMV |
= |
Fair market value, as determined by Section 16.40.090 |
|
Buildable acre |
= |
A typical acre of the subdivision, with a slope less than ten percent, and 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 director of community development. (Ord. 932 § 8, 1991)
16.40.090 Determination of Fair Market Value.
The fair market value shall be determined by the city with a written appraisal report prepared and signed by an appraiser acceptable to the city. (Note: fee paid by applicant.) The appraisal shall be made immediately prior to the filing of the final map. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to filing the final map, the city will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. For the purposes of this chapter, the determination of the fair market value of a buildable acre, as defined in Section 16.40.070, shall consider, but not necessarily be limited to, the following:
A. Approval of and conditions of the tentative subdivision map;
B. The general plan;
C. Zoning;
D. Property location;
E. Off-site improvements facilitating use of the property;
F. Site characteristics of the property.
If the subdivider objects to the determined fair market value, he or she may appeal to the city council who shall hear the appeal under the same rules and obligations current for local board of equalization hearings, except that the burden of proof shall lie with the subdivider. (Ord. 932 § 9, 1991)
16.40.100 Determination of land or fee.
Whether the planning commission 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:
A. The natural features, access and location of land in the subdivision available for dedication;
B. The size and shape of the subdivision and land available for dedication;
C. The feasibility of dedication;
D. The compatibility of dedication with the Aesthetics, Cultural, and Recreational Resources Element; and
E. The location of existing and proposed park sites trailways.
The determination of the planning commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. 932 § 10, 1991)
16.40.110 Credit for private open space.
No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed fifty (50) percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof if the planning commission finds that it is in the public interest to do so and that all the following standards are met:
A. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
B. Private park and recreation facilities shall be owned by a homes association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred (100) percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities;
C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor;
D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location;
E. Facilities proposed for the open space are in substantial accordance with the provisions of the Aesthetics, Cultural, and Recreational Resources Element of the general plan; and
F. The open space for which credit is given is generally a minimum of five acres and provides all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:
1. Recreational open spaces, which are generally defined as park area for active recreation pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than five percent slope.
2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts,
or similar hard-surfaced areas especially designed and exclusively used for court games.
3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or both. They must also include decks, lawn areas, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool.
4. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.
The determination of the planning commission as to whether credit shall be given and the amount of credit shall be final and conclusive. (Ord. 932 § 11, 1991)
16.40.120 Procedure.
At the time of approval of the tentative map or parcel map, the planning commission shall determine pursuant to Section 16.40.040 the land required for dedication. If the planning commission requires in-lieu fee payment by the subdivider, the planning commission will set the amount of land upon which the in-lieu fee will be based at the time of final map approval.
At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by the planning commission. Where the planning commission has determined that fees shall be paid in-lieu of or in addition to the dedication of land, the planning commission shall set the in-lieu fees based on the land dedication requirements as established at the time of tentative map approval using current land values at the time of final map approval with the formula set forth in Section 16.40.070 and using the process for determining fair market value as set forth in Section 16.40.080. The subdivider shall pay the fees in accordance with the following schedule:
A. For any subdivision consisting of ten or more lots, fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.
B. For any subdivision consisting of nine or less lots, fees shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.
Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with final subdivision map or parcel map. (Ord. 932 § 12, 1991)
16.40.130 Disposition of fees.
Fees determined pursuant to Section 16.40.070 shall be paid to the city treasurer and shall be deposited into the subdivision park trust fund, or its successor. Money in the fund, including accrued interest, shall be expended solely for acquisition or development of parkland or improvements related thereto.
Collected fees shall be appropriated by the city to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year 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 later.
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 lot bears to the total area of all lots in the subdivision per Section 66477 (f) of the Government Code.
The city treasurer shall report to the city council at least annually on income, expenditures and status of the subdivision park trust fund. (Ord. 932 § 13, 1991)
16.40.140 Exemptions.
Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter, provided, however, that a condition shall 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 the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
The provisions of the ordinance do not apply to commercial or industrial subdivisions; nor do they apply to 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. (Ord. 932 § 14, 1991)
16.40.150 Subdivider-provided park and recreation improvements.
The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The planning commission 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. (Ord. 932 § 15, 1991)
16.40.160 Agency to accept land and fees.
Land or fees required under this chapter shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map approval, the planning commission shall determine whether the city is the appropriate local agency. The city, county or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government code specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision. (Ord. 932 § 16, 1991)
16.40.170 Access.
All land offered for dedication for local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the planning commission if the planning commission determines that public street access is unnecessary for maintenance of the park area or use thereof by residents. (Ord. 932 § 17, 1991)
16.40.180 Sale of dedicated land.
If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for the purchase of a more suitable site. (Ord. 932 § 18, 1991)