Calaveras County Municipal Code Ch. 16.24 Park and Recreation Facilities, Dedications, Fees

A. The board of supervisors finds that with the ongoing growth and development of community areas in the county, there is a need to provide a means to acquire, develop and maintain lands for public parks and recreation facilities pursuant to Title 7, Division 2, Chapter 4, Article 3, commencing with Section 66477 of the California Government Code.

B. This chapter imposes conditions for county approval of tentative and final subdivision and parcel maps that require the dedication of land and/or the payment of fees for park and recreation facilities. This chapter:

1. Provides standards for determining the land area or fees to be dedicated.

2. Assures the provision of an orderly park and recreation network throughout the county by creating park and recreation facilities that are consistent with the adopted general, specific, special or community plans with elements, goals and policies on land uses.

3. Assures that the amount of land and/or fees to be dedicated shall bear a reasonable relationship to the use of the facilities by the residents of the subdivision making the dedication.

4. Provides a schedule for putting the dedicated lands and/or fees into use within a period specified in state law and also provides provisions for refunding dedication should this schedule not be met.

(Ord. 2936 § 3(part), 2008).

A. Size of Subdivision. Only the payment of fees may be required in subdivisions containing fifty parcels or less. However, the dedication of land may be required for condominium, stock cooperative, and community apartment projects, as defined in Section 1351 of the Civil Code, that exceed fifty dwelling units even though the number of parcels may be less than fifty.

B. Exemptions. The following projects are exempt from the provisions of this chapter:

1. Nonresidential Property. Subdivision parcels not used for residential purposes provided the subject properties have commercial, industrial or other nonresidential zoning at the time of the subdivision. For purposes of this section, "nonresidential zoning" is defined as C1, C2, M1, M2, PS, REC, AP, A1, GF, TP, or equivalent zoning as indicated in Title 17 of the Calaveras County Code.

2. Affordable Housing. For projects containing affordable housing units as qualified by subsections (B)(2)(a), (b) and (c) of this section, the park land dedication will be reduced by the number of affordable units up to a maximum of twenty percent of the total project units. To qualify for this credit, the affordable housing units shall be rented, leased, sold, conveyed or otherwise transferred:

a. To a "lower income household" or "very low-income household" (Sections 50079.5 and 50105, California Health and Safety Code);

b. At a rental or purchase price that does not exceed the "affordable housing cost" (Section 50052.5, California Health and Safety Code);

c. Under an agreement that guarantees all of the units are maintained for lower and very low-income households as units for rent or sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure. The applicant must execute the transfer agreement in the form of a deed restriction, second trust deed, or other legally binding and enforceable document acceptable to the county counsel and binding on the owner and any successor-in-interest to the real property being developed.

3. Multi-Story Apartments. Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added.

4. Private Recreational Facilities. For common interest developments, a maximum credit of twenty percent of the required dedication will be credited against private recreational facilities within the project. Common interest developments are defined in Civil Code Section 1351(c) and include the following:

a. Community apartment projects;

b. Condominium projects;

c. Planned developments;

d. Stock cooperatives.

5. Any other subdivision exempted by the Map Act Section 66477.

(Ord. 2936 § 3(part), 2008).

A. General. It is found and determined that the public interest, convenience, health, welfare, and safety require that two and one-half usable acres of property for each one thousand persons residing within this county be dedicated by the proponent of the subdivision for neighborhood, community and regional parks and trails for recreational purposes.

B. Requirements. The requirements of this section shall be satisfied by the dedication of land, payment of a fee in lieu thereof, or both, at the option of the county, for park or recreational purposes. The dedicated land and/or fees shall be used for acquiring and developing new facilities and rehabilitating existing facilities in such a manner that their locations bear a reasonable relationship to their use by the future inhabitants of the subdivision making the dedication. Lands to be dedicated for park and/or recreational purposes shall be suitable in the opinion of the planning director or his/her designee in location, topography, environmental characteristics and development potential as related to the intended use. Principal considerations shall be given to lands that offer:

1. Recreational potential for all age groups;

2. Recreational opportunities provided and maintained in a manner that shall permit the maximum use and enjoyment by all county residents;

3. The possibility for expansion or connection with school grounds;

4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;

5. Coordination with all other park systems;

6. Access to at least one existing or proposed public street;

7. Land and facilities for the activity of "recreational community gardening," as that term is defined in Government Code Section 66477(f) is a park and recreation purpose.

C. Formula for Dedication of Lands. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the expected number of dwelling units in the subdivision and the density of people per dwelling derived from the most recent federal, state or county population and housing data. The required dedication shall be computed using the following formula:

A= 2.5 (DU x DF) / 1000

Where:

A= Acres of park land to be dedicated or appraised for in-lieu fee payment for the subdivision.

2.5= Number of acres per one thousand people.

DU= Number of dwelling units approved in the subdivision.

DF= Population density factor

D. Standard Improvements. Whenever real property is being dedicated for park purposes within the project site, the subdivider shall, as a condition for the approval of the tentative map, be obligated to provide curbs, gutters, sidewalks, drainage facilities, street lighting, stop lights, street signs, matching pavement and/or street trees to county standards, stubbing in utility services to the park facility, and all standard improvements required by the county for residential subdivisions plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval by the board of supervisors, the subdivider may pay a sum as estimated by the director of public works sufficient to cover the cost of said standard improvements.

(Ord. 2936 § 3(part), 2008).

At the time of the approval of the final or parcel map, the CDD, with the recommendation from the Calaveras County parks and recreation commission, shall submit to the board of supervisors for approval, a plan for use, specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the county.

(Ord. 2936 § 3(part), 2008).

(Ord. No. 2968, 8-11-2009)

A. Criteria for Requiring Dedication of Both Land and Fees. In subdivisions over fifty parcels, the county may require the subdivider to dedicate both land and fees.

1. Determination of Land or Fees. Whether the county accepts a land dedication or elects fees in lieu thereof, or a combination of both, shall be determined by the following criteria:

a. The compatibility of dedication with the general plan, Calaveras County parks and recreation plan, community plans and other relevant plans;

b. The amount of land available;

c. The topography, geology, access, size, shape, location and suitability of the land in the subdivision available for dedication;

d. Feasibility of dedication;

e. Availability of previously acquired park property;

f. Accessibility of the park land to the general public; and

g. The approximate time when development of the park or recreation facility shall commence.

2. Land and Fees. A requirement for both park land dedication and fee payment shall comply with the following standards:

a. When only a portion of the land to be subdivided is proposed in the general plan or applicable specific plan as the site for a recreational facility, that portion shall be dedicated for recreational purposes and a fee computed according to subsection B of this section shall be paid for any additional land that would have been required under Section 16.24.030(C).

b. When a major part of the local park or recreational site has been acquired by the county and only a small portion of land is needed from the subdivision to complete the site, the remaining portion of the required dedication shall be dedicated as a fee. This fee shall be computed under subsection B of this section and be paid in an amount equal to the value of the land that would have been required by Section 16.24.030(C). The fees shall be used for the improvement of the existing park or recreational facilities serving the subdivision.

3. The dedication of land for parks and recreational purposes shall not be deemed to waive any other requirements that may be imposed by the county.

B. Determining Fees in Lieu of Land. The fee shall equal the acreage of park land obligation derived from the formula in Section 16.24.030(C), less the amount of park land offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area, plus twenty percent toward the cost of standard improvements (subsection D of this section).

1. The fair market value of the land shall be determined by a licensed real estate appraiser that has been selected and retained by the county at the expense of the subdivider. The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of the property including any required park infrastructure improvements to be installed as a condition on the map. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within sixty days of payment of the fee as referenced in subsection G of this section.

2. If the subdivider objects to the fair market value as determined by the appraiser, the subdivider may retain, at his or her own expense, another licensed real estate appraiser to complete a second appraisal. If the county disputes the fair market value determined by the second appraiser, the matter shall be submitted to binding arbitration at the expense of the subdivider.

3. If the proposed subdivision contains four or fewer parcels excluding any remainder parcel, the CDD shall determine the fair market value of the property to be subdivided based upon the fair market value of adjacent parcels and the site characteristics of the property. If the subdivider objects to the determination of the CDD, the subdivider may retain, at his or her own expense, a licensed appraiser to provide the fair market value of the property to be subdivided. In the event the CDD determination of the land value exceeds the appraiser's value by more than five thousand dollars, the average of both determinations shall be established as the fair market value.

C. Additional Cost for In-Lieu Fees. When the requirements of this section are met solely on the basis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay an amount equal to twenty percent of the in-lieu fee to offset the costs of any required curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full county standards, stubbing in utility services to the park facility, and all standard improvements required by the county for residential subdivision.

D. Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land. Credit for improvements shall only be granted according to the criteria in subsection A of this section, "Criteria for Requiring Dedication of Both Land and Fees."

E. Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

1. Land made part of a park site for subdivision design purposes that is physically unsuited for park use shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

2. Land intended for active recreation on sport fields shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope in compliance with plans approved by the county. No financial credit shall be given for the cost of grading.

3. If the site to be dedicated is to remain in its natural state, credit against the park land dedication will be related to the grade as follows. Greater credit for sites in excess of three percent grade may be granted at the sole discretion of the CDD if the site has exceptional visual, biotic, or other natural resources. These sites may be developed with pedestrian, bicycle and equestrian trails, interpretive trails, scenic vistas, wildlife viewing and/or community gardens.

4. If the county determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered and, in that event, the subdivider shall instead pay a fee in compliance with subsection B of this section.

E. Procedure for Determining Land or Fee. The CDD shall determine if the project requires dedication of land, payment of in-lieu fees, or a combination of both, based on the criteria in subsection A of this section "Criteria for Requiring Dedication of Both Land and Fees." This determination shall be incorporated as a recommended condition on the tentative map. The decision of the approving authority for the tentative map, whether it be the planning commission or the board of supervisors, as to whether land shall be dedicated, a fee shall be charged, or a combination thereof, shall be final.

F. Use of Fees. Funds received for park land dedications shall be maintained in a separate interest-bearing account and the principal and interest shall be used for the purchase and development of public park and recreation facilities. These funds shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment or the issuance of building permits on one-half of the parcels created by the subdivision, whichever occurs later. If the money is not committed, the principal, without interest, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each parcel bears to the total area of all parcels in the subdivision. Any requests for refunds shall be submitted to the CDD.

G. Conveyance of Land and Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the subdivider by the parcel or final map in a manner deemed suitable to the county. The land shall be free and clear of all encumbrances except those which, in the opinion of county counsel, shall not interfere with use of the property for park and recreational purposes, and which the board agrees to accept. Required fees shall be deposited with the county at the time of submittal of a parcel or final map. The fees shall be held by the county until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land including title insurance approved by county counsel in favor of the county in an amount equal to the value of the land.

H. Reimbursement Agreements. Nothing in this chapter will prevent the county from entering into a reimbursement agreement with the applicant for that portion of the value of a park land dedication that exceeds their requirement.

(Ord. 2936 § 3(part), 2008).