Lake County Municipal Code Art. VI General

(Ord. No. 664, § 7.28, 1971; Ord. No. 2745, § 1, 9-6-2005)

(Ord. No. 664, § 7.29, 1971; Ord. No. 2745, § 1, 9-6-2005)

(Ord. No. 664, § 7.30, 1971; Ord. No. 2745, § 1, 9-6-2005)

(Ord. No. 664, § 7.31, 1971; Ord. No. 811, § 1, 8-20-74)

(Ord. No. 664, § 7.32, 1971; Ord. No. 811, § 1, 8-20-74)

(Ord. No. 664, § 7.33, 1971; Ord. No. 811, § 1, 8-20-74)

(Ord. No. 664, § 7.34, 1971; Ord. No. 811, § 1, 8-20-74)

27A.1 General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the County, and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the General Plan of the County and shall be known and cited as the Quimby Ordinance.

For purposes of this section, park and recreational facilities shall mean park and recreational land, buildings, improvements, systems, fixtures, and associated capital needs required to provide recreational services and community amenities. Park and recreational purposes shall also include 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.

27A.2 Requirements. As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the County, for park or recreational purposes at the time and according to the standards and formula contained in this section, unless each lot is twenty (20) acres or more.

The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and recreational facilities in such a manner that the location of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees or both.

27A.3 General Standard. It is hereby found and determined, in accordance with Government Code Section 66477, that existing recreational and community park area exceeds three (3) acres of park area per one thousand (1,000) persons residing within the subdivision subject to this section and further finds that the public interest, convenience, health, safety and welfare require that each subdivider shall dedicate land or pay an in-lieu fee, or both, in order to provide five (5) acres of park area per one thousand (1,000) persons residing in the proposed subdivision.

27A.4 Standards and Formula for Dedication of Land.

(a) Where a park or recreational facility is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Formula: The formula for determining the amount of acreage to be dedicated shall be as follows:

*(Based on five (5) acres of parkland per one thousand (1,000) population.)

Dwelling Unit is defined as structures planned, designed or used for residential occupancy, including, but not limited to, one-family, two-family and multi-family dwellings, apartment houses and complexes, mobilehome spaces, and single occupancy units, but not including hotels, motels, and boarding houses for transient guests. The average number of persons per dwelling unit shall be as defined in the most recent federal census.

For the purposes of this section, the number of proposed dwelling units shall be determined as follows: In areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the specific plan of development. The term dwelling unit does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.

(b) Lands to be dedicated for park and recreational purposes shall be suitable in the opinion of the Public Services Director and Planning Commission, or Board of Supervisors on appeal, in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall be construed to provide land for functional recreation units of local service including, but not limited to: tot lots, playgrounds, neighborhood parks, sports fields, community or district parks, and other specialized recreational facilities that may serve the family group and also senior citizen activities. Principal consideration shall be given therefore to lands that offer one (1) or more of the following:

(1) A variety of recreational potential for all age groups;

(2) Recreational opportunities within walking distance from residents' homes;

(3) Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;

(4) Coordination with other parks in the County;

(5) Access to at least one (1) existing or proposed public street.

(c) The land to be dedicated shall be located in other than an area on which building is excluded because of flooding, easements or other restrictions, have a slope of less than five percent (5%) and be free of encumbrances and with clear title.

(d) The subdivider shall, without credit, provide to the land dedicated pursuant to this section:

(1) Full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, and sidewalks;

(2) Fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

(3) Improved drainage throughout the site;

(4) Other minimal improvements which the Public Services Director and Planning Commission, or Board of Supervisors on appeal, determine to be essential to the acceptance of the land for recreational purposes.

27A.5 Formula for Fees in Lieu of Land Dedication.

(a) General Formula. If there is no park or recreational facility designated in the General Plan 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, or if the General Plan calls for a larger park or recreational facility within the immediate proximity of the subdivision, the subdivider shall, at the County's discretion, either dedicate land as provided for in Section 27A.4 or pay a fee in lieu of dedication in an amount determined in accordance with the provisions of Section 27A.7 or 27A.8.

(b) Fees in Lieu of Land Dedication—Fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less and has no existing park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park and recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 27A.4 and in an amount determined in accordance with the provisions of Section 27A.7 or 27A.8. Where the subdivision is a condominium project, stock cooperative or community apartment project which exceeds fifty (50) dwelling units, dedication of land may be required, notwithstanding that the number of parcels may be less than fifty (50).

(c) Use of Fees. The fees collected shall be used for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park and recreational purposes. The fees shall be committed within five (5) years after payment thereof or the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If the 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 in the subdivision.

(d) Time of Payment. Fees collected shall be paid prior to approval of a final subdivision map or parcel map.

27A.6 Criteria for Requiring Both Dedication and Fee—More than 50 Parcels. If the proposed subdivision contains more than fifty (50) parcels and has no existing park or recreation facility, the subdivider shall both dedicate land and pay a fee in addition to land dedication in accordance with the following criteria:

(a) When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 27A.7 or 27A.8 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 27A.4.

(b) When a major part of the local park or recreational site has already been acquired by the County and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated and its fair market value deducted from the fee computed in accordance with Section 27A.7 or 27A.8. The fee shall be used for the improvement of the existing park and recreational facilities or for the improvement of other neighborhood or community park and recreational facilities reasonably located to serve the subdivision.

27A.7 Amount of Fee in Lieu of Parkland Dedication. When a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the estimated fair market value of the land being subdivided and the estimated fair market value of the land which would otherwise be required to be dedicated according to Section 27A.4, plus an amount equal to the engineer's estimate for the cost of improvements which would otherwise be required pursuant to Section 27A.4(d).

The fair market value shall be as determined by the Public Services Director based upon a written appraisal report prepared and signed by an appraiser acceptable to the Public Services Director. The cost of the appraisal shall be borne by the subdivider. The appraisal shall be made immediately prior to the filing of the parcel map or final map. The subdivider shall notify the County of the expected filing date at least six (6) weeks prior to filing of the parcel map or final map. If more than one (1) year elapses between the date of the appraisal and the filing of the parcel map or final map, the Public Services Director will cause to be prepared a new appraisal and will bill the subdivider for the cost of the reappraisal. Such bill must be paid prior to filing the final map or parcel map.

For purposes of determining fair market value pursuant to this subsection, the appraiser shall consider, among other things:

(a) Conditions of approval of the tentative map;

(b) The General Plan and zoning requirements for the area;

(c) The location and site characteristics of the property; and

(d) Offsite and onsite improvements facilitating use of the property.

27A.8 Option to Pay Flat Fee. Notwithstanding any other provisions contained in this section to the contrary, when a subdivider is required to pay a fee pursuant to this section, such subdivider may elect to pay a flat fee of three thousand three hundred ninety-three dollars ($3,393.00) per dwelling unit in lieu of the fee otherwise due under this section. This flat fee is based on the latest available cost figures for development of park facilities to service the County. Nothing in this subsection shall be construed to authorize the payment of a flat fee in those instances where dedication of land is required.

27A.9 Determination of Land Dedication and/or Fee. Whether the County accepts land dedication, or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

(a) Policies, standards and principles for park and recreation facilities in the General Plan;

(b) Topography, geology, access and location of land in the subdivision available for dedication;

(c) Size and shape of the subdivision and land available for dedication;

(d) Feasibility of dedication;

(e) Compatibility of dedication with General Plan;

(f) Availability of previously acquired park property;

(g) Proximity of existing parks.

The determination by the County as to whether land shall be dedicated, or whether a fee shall be charged, or a combination of both, shall be final and conclusive.

27A.10 Credit for Improvements and Private Open Space. 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 section.

Planned developments, real estate developments, stock cooperatives, community apartment projects, as defined in Sections 11003, 11003.1, 11003.2 and 11004, respectively, of the Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the Planning Commission, or Board of Supervisors on appeal, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational purposes.

27A.11 Procedure.

(a) At the time of the approval or conditional approval of the tentative map, the Planning Commission shall determine, after a report and recommendation from the Public Services Director, whether land dedication, in-lieu fees, or a combination of land dedication and fees, shall be required of the subdivider.

(b) The Planning Commission may approve, modify, or disapprove the recommendation of the Public Services Director; provided, however, that any modification of the Public Services Director's recommendation, not previously considered by the Public Services Director, shall first be referred back to the Public Services Director for a report and further recommendation. The Public Services Director shall report back to the Planning Commission within thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the Planning Commission may proceed to require land dedication, in-lieu fees or a combination of land dedication and fees as it determines to be appropriate.

(c) The recommendation of the Public Services Director shall include the following:

(1) The amount of land dedication required; or

(2) That a fee be charged in lieu of land dedication; or

(3) That a combination of land dedication and a fee be required; and

(4) The location of parkland and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated; and

(5) The approximate time when the development of the park and recreation facility shall commence.

(d) The subdivider shall, at the time of recording of the final map or parcel map, dedicate the land and/or pay the fees.

(e) Open space covenants, conditions and restrictions for private park and recreational facilities shall be submitted to the County prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map.

27A.12 Disposing of Acquired Lands. Nothing in this section shall prohibit the County from selling or trading land acquired under the provisions of this section provided the proceeds of said sale or exchange are used in conformance with the provisions of this section and such sale or trade is reviewed by the Planning Commission.

27A.13 Not Applicable to Certain Subdivisions. The provisions of this section shall not apply to the following:

(a) Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, 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 (1) or more of the parcels within four (4) years, the fee pursuant to this section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit.

(b) Commercial or industrial subdivisions.

(c) Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

(Ord. No. 2745, § 2, 9-6-2005)