Chapter 89.02 — RECREATIONAL FACILITIES FINANCING

(a) Purpose of Chapter. The purpose of this Chapter is to provide for the development of park and recreational facilities, through subdivision regulations, in an area where the need for parks has been expressed by the community, and a public agency exists to administer these facilities.

(b) General Provisions.

(1) Each subdivider of land for residential use shall, as a condition to the approval of a parcel map or final map, dedicate lands or pay fees in lieu thereof, or a combination of both, for park or recreational purposes.

(2) Dedication and fee requirements shall be conveyed to the designated public agency or into a special County fund established for this purpose, prior to approval of the parcel map or final map. (Ord. 4011, passed - -2007)

The requirement for dedication of land or payment of fees shall be contingent upon a Board resolution adopted at a public hearing specifying the requirements and procedures for a community area. The area shall be served by a public agency legally empowered to improve, maintain, and operate the dedicated land in compliance with the General Plan. (Ord. 4011, passed - -2007)

Land or fees required under this Chapter shall be conveyed or paid directly to the County or the public agency. The County, or public agency, after accepting the land or funds, shall develop the land or use the funds in compliance with this Section.

(a) Use of Fees and Land. The fees, land, or combination thereof are to be used only for the purpose of providing park or recreational facilities within the agency which will serve or benefit future residents of the subdivision.

(b) Establishment and Development Time.

(1) The Board, in agreement with the public agency having park responsibility, shall specify by resolution at the time approval is given to the final map when the development of a park or recreation facility to serve the subject subdivision will begin.

• (2) The starting date shall be reasonable with respect to the following criteria:

• (A) The need for the park or facility;

• (B) Weather constraints;

• (C) Minimized disruption of the neighborhood; and

• (D) The accumulation of the necessary funds and land.

(c) Land Disposition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the dedicated land may be sold with the proceeds from the sale being used for suitable park and recreation facilities which better serve the neighborhood in which that subdivision is located.

(d) Payment of Fees. Only the payment of fees shall be required in subdivisions of less than 50 parcels unless agreed otherwise by the Board and the subdivider.

• (e) Standards for Dedication.

(1) The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use or benefits of the park and recreation facilities by the future residents of the subdivision.

(2) The Board, upon the recommendation of the designated public agency having park responsibility, shall set by resolution the ratio of park acres for each 1,000 of population anticipated from the future subdivision.

(3) The ratio may be set to maintain the existing level of park acres per 1,000 population served by the public agency.

(f) Amount of Park Fees Required. When the requirements of this Chapter are complied with solely on the basis of providing park fees, the minimum amount of fees to be paid shall be computed by using the following formula:

(g) Amount of Land Required. Whenever the requirements of this Chapter are complied with solely on the basis of providing park land, the minimum amount of land required shall be the amount which could be purchased with the fees computed in Subdivision (f), above.

(h) Determination of Fair Market Value. The fair market value shall be determined as of the date of filing of the parcel map or final map in compliance with the following:

(1) The fair market value as determined by the Board based upon the market value of the land as a part of the subdivision, not as raw acreage, in compliance with the current practice of the County Assessor;

(2) If the subdivider objects to the evaluation, the subdivider may, at the subdivider’s own expense, obtain an appraisal of the property by a qualified real estate appraiser from the general area, approved by the County, which appraisal may be accepted by the Board if found reasonable; or

(3) The County and subdivider may agree to the fair market value.

(i) Combination of Park Land and Fees Required. When only a portion of the required park land is dedicated as required in Subdivision (g), above, a fee computed in compliance with Subdivision (f), above shall be paid for any additional land that would have been required to be dedicated.

(Ord. 4011, passed - -2007)

The requirements of this Chapter shall be complied with prior to the approval of the parcel map or final map, the provision of park land in whole or in part, the payment of a park fee, or by a combination of both as required by the Advisory Agency.

(a) Subdivider. At the time of filing a tentative map, parcel map, or minor subdivision plot plan for approval, the subdivider shall, as part of the filing, state in writing whether it is desired to dedicate property for park and

recreational purposes or to pay a fee in lieu of dedication. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract or parcel map as submitted.

(b) Action of the Advisory Agency. At the time of the tentative tract map approval, the Advisory Agency shall determine as part of the approval, whether to require a dedication of the land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.

(c) Prerequisites for Approval of Parcel and Final Maps. Where dedication is offered and accepted, it shall be accomplished in compliance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the County or Local agency prior to the approval of the parcel map or final map.

• (d) Determination of Dedication or Fees. The Advisory Agency shall determine whether to require land dedication,

payment of a fee in lieu of dedication, or a combination of both, by consideration of the following criteria:

• (1) The Open Space Element of the General Plan;

• (2) The access, geology, location, and topography of land in the subdivision available for dedication;

• (3) The shape and size of the subdivision and the land available for dedication; and

• (4) The desires and plans of the public agency which will provide the services.

(e) Compliance with Applicable Plans. Park and recreational areas where required shall be developed in conjunction with any bikeway, equestrian, and pedestrian linkage ways and in compliance with the County’s Conservation and Open Space policies and any applicable community or specific plans.

(f) Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited up to 75 percent against the requirement of a dedication for park and recreation purposes, as identified in § 89.02.030(g), above, or the payment of fees in lieu of dedication, as identified in § 89.02.030(f), above; provided, the Advisory Agency finds it is in the public interest to do so, and that the following standards are met:

• (1) The court areas, yards, setbacks, and other open areas required to be maintained by the building, land use district, and zoning regulations shall not be included in the computation of private open space;

• (2) The private ownership and maintenance of the open space is adequately provided for by written agreement;

• (3) The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract;

(4) The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration factors which include access, geology, location, shape, size, and topography of the private open space land; and

(5) The facilities proposed for the open space are in substantial compliance with the provisions of the General Plan, and are approved by the Commission.

(Ord. 4011, passed - -2007)

The provisions of this Chapter do not apply to the following types of development:

• (a) Condominium Projects. Condominium projects 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;

• (b) Industrial Subdivisions. Industrial subdivisions;

(c) Parcel Maps for Shopping Centers. Parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses; and

(d) Parcel Maps for Nonresidential Developments. Subdivisions containing less than five parcels and not used for residential purposes; provided, that a condition shall be placed on the approval of the parcel map that if a Building

Permit is requested for construction of a residential structure(s) on one or more of the parcels within four years of approval, a fee in compliance with this Chapter shall be paid by the owner of each parcel as a condition of the issuance of the Building Permit.

(Ord. 4011, passed - -2007)