§ 9-507

The purpose of this Chapter is to establish the reservations and dedications the County may impose on a subdivider as a condition for approval of a Tentative Map or a Parcel Map.

(a)

General. As a Condition of Approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, transit access, bus stops, fire stations, libraries, or other public uses according to the standards and formula contained in this section.

(b)

Standards and Formula for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown in the General Plan or any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan, the subdivider may be required by the Planning Commission to reserve sites as so determined by the Planning Commission in accordance with the standards contained in the General Plan, Special Purpose Plan, Specific Plan or Master Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the General Plan or any Specific Plan, pre-existing Special Purpose Plan, or Master Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(c)

Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the Final Map or Parcel Map, enter into a binding agreement, consistent with Government Code Section 66480, to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(d)

Payment. The purchase price shall be the market value thereof at the time of the filing of the Tentative Map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(e)

Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(f)

Release of Obligation. The Board of Supervisors may, after consideration by the Planning Commission, upon request of the subdivider, and after a public hearing by the Board of Supervisors, release the subdivider from the obligation of a reservation of land upon finding: 1) that to do otherwise would impose an undue hardship upon the subdivider due to physical conditions of the site or access to the site and 2) that there are alternative locations for the public facilities for which the land was provided. Such a release shall not constitute a grant of special privilege inconsistent with the obligations of other properties and similar development in the vicinity and in the same zone.

This section is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The local park and recreation facilities for which dedication of land and/or payment of a fee is required by this section must be in accordance with the recreation portion of the General Plan.

(a)

General Requirement. For Tentative Maps or Tentative Parcel Maps, the subdivider must dedicate land, pay a fee in lieu thereof, or a combination of both at the option of the County, for park and recreational purposes according to the standards and formulas contained in this Chapter.

(b)

General Standard. In consideration of the public interest, convenience, health, welfare, and safety, the County standard for neighborhood and community parks ("local parks") and recreational purposes shall be three acres of property for each 1,000 persons, in accordance with the recreation portion of the General Plan and the Subdivision Map Act. For purposes of this standard, park and recreation purposes shall 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 the land, of plant material not for sale.

(c)

Standard and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan or a specific plan or master plan 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 to serve the residents of the subdivision. The minimum amount of land to be dedicated shall be determined using the general standard in the following formula:

U × P × S = Minimum acreage dedication

Where:

U = Number of potential dwelling units within the subdivision;

P = Average number of persons in the dwelling unit type (e.g., single-family, mobile home, multi-family units) based on the latest U.S. Census.

S = Parkland standard of three acres per 1,000 people (3/1000).

The following table of population density shall be used:

TABLE 9-507.030: PARK LAND DEDICATION FORMULA

(1)

Formula for Determining Amount of Acreage. The formula for determining acreage to be dedicated per dwelling unit shall be as set out in Table 9-507.030 above.

(2)

Lots—Including Dwelling Unit Construction. For lots where dwelling units are to be constructed as part of the subdivision project, the actual type of dwelling unit to be constructed shall be used in the computation of the acreage of park land to be dedicated.

(3)

Lots—Not Including Dwelling Unit Construction. For lots where the construction of dwelling units is not a part of the subdivision project, the acreage of park land to be dedicated shall be computed on the basis of the maximum allowable density of dwelling units in the zone where the lot is located combined with the type of dwelling unit yielding the maximum acreage. If fees are paid in lieu of land dedication, and if dwelling units are constructed on lots within ten years after the date the final or Parcel Map was recorded which result in a lesser fee when computed pursuant to the provisions of this section, then the subdivider may request a refund of the excess fee previously paid.

(4)

Re-subdivision of Parcels. Whenever a parcel of land is resubdivided, full credit shall be given for the acreage of land dedicated or the amount of in-lieu fee paid at the time the parcel was originally subdivided.

(d)

Alternative Calculation Method for Dedication of Land.

(1)

This section specifies the alternative method to that specified above, in paragraph (e), for determining the factors used in calculating the area of land to be dedicated.

(2)

The Parks and Recreation Department of or any other local public agency or community services districts providing parks may apply to the Board of Supervisors for a determination of an alternative standard for existing neighborhood and community park acreage for a specific geographic area. In its application, the Department or agency or district shall present its calculations, reports and other evidence showing that the amount of existing neighborhood and community park area in a specified geographic area exceeds three acres of park area per 1,000 residents in the local parks service area.

(3)

The calculation shall be derived pursuant to Government Code Section 66477.

(4)

If the Board of Supervisors determines after a noticed public hearing that the standard for existing neighborhood and community park acreage in a specified geographic area served by a specific public

agency or district exceeds three acres of parks for 1,000 residents in that area, this standard shall be added to this Title by a Code amendment, and the alternate standard shall be used to determine the amount of land to be dedicated or fees paid in lieu thereof as a condition for the approval of a Tentative Map or Parcel Map in the jurisdiction of the public agency providing parks for the specified geographic area.

(e)

Subdividers' Obligations. The subdivider may be required to:

(1)

Provide full street improvements and utility connections to dedicated 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; and

(3)

Provide other minimal improvements that the Director of Public Works determines to be essential to the acceptance of the land for recreational purposes.

(4)

The value of the above improvements shall be a credit against the dedication of land or the payment of fees required by this Chapter.

(f)

Acceptance by County. The land to be dedicated for local parks and recreation purposes, pursuant to this Chapter, shall be approved by the County Director of General Services and the public agency accepting the dedication or accepting the improvements, if other than the County.

(g)

Fee In Lieu of Land Dedication. If there is no park or recreation 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, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in this section and in an amount determined in accordance with the

provisions of Subsection (c) above, such fee to be used for a local park that will serve the residents of the area being subdivided. More specifically, when a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the following formula:

S × AC = Park fee per unit

Where:

S = Parkland standard of three acres per 1,000 persons (3/1000); and

AC = Acquisition Costs as determined by Subsection (g), below.

Fees to be collected pursuant to this section shall be approved by the County Director of General Services and the public agency accepting the fees, if other than the County.

(h)

Determination of Acquisition Costs. Acquisition costs, expressed as an estimated per acre value, shall be determined by the Director of Public Works based on a written appraisal report periodically prepared and signed by an appraiser designated by the County that evaluates the probable per acre acquisition cost of park land in the vicinity, taking into consideration the acquisition costs of real property which has an approved Tentative Map and is within urban and rural communities in the County.

(1)

Appraisals for acquisition costs shall be updated based upon cut-off dates for valuation of January 1 of each year.

(2)

The acquisition costs that shall be applied to a particular subdivision shall be that based upon the appraisal report of the latest update immediately preceding the date of application is considered complete by the Community Development Department.

(i)

Disposition of Land and Fees.

(1)

Agency Receiving Land or Fees. Land or fees required by this section shall be conveyed or paid directly to the public agency that provides or will provide park and recreational services to the community in which the subdivision is located.

(2)

Appropriation of Fees. Collected fees shall be appropriated for a specific project in a budgetary year within five years after payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(3)

Use of Fees. The fees collected under this Subsection shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Planning Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The fees collected may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the

neighborhood in which the subdivision for which fees were paid as a condition to the approval of a Tentative Map or Parcel Map is located, if all of the following requirements are met:

(A)

The neighborhood in which the subdivision for which the fees were paid has a park area that meets or exceeds three acres per 1,000 persons.

(B)

The Board of Supervisors holds a public hearing before using the fees pursuant to this subparagraph.

(C)

The Board of Supervisors makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

(D)

The fees are used within a specified radius that complies with this Chapter and are consistent with the General Plan and any applicable specific plan. For purposes of this clause, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the County, that otherwise meets the requirements of this section.

(4)

Uncommitted Fees. Fees not committed within a reasonable period of time, as provided for by this Section, 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 within the subdivision.

(j)

Choice and Method of Dedication of Land and/or Payment of Fees.

(1)

Determination of Land and/or Fees. When a Tentative Map is approved, the Review Authority shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination.

(2)

Basis for Determination. The above determination shall be consistent with the standards in this Chapter and shall be made upon consideration of the following factors:

(A)

The San Joaquin County General Plan;

(B)

The natural features, access, and location of the land available for dedication;

(C)

The size and shape of the subdivision and land available for dedication;

(D)

The location of existing or proposed recreation sites; and

(E)

For a subdivision of less than 50 lots, only the payment of fees is required. Subdivisions containing less than five parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.

isions containing less than five parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.

(3)

Criteria for Requiring Both Dedication and Fee. In subdivisions of more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

(A)

Where only a portion of the land to be subdivided is proposed in the General Plan, a specific plan or master plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the fee formula of this section shall be paid for any additional land that would have been required to be dedicated pursuant to Subsection (c) of Section 9-507.030.

(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 remaining portion shall be dedicated and a fee computed pursuant to the fee formula of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

(k)

Time of Dedication or Payment of Fees.

(1)

Dedication of Land. Where the dedication of land is required, the transfer of land, or provisions thereof, shall be accomplished at the time of recording of the Final Map or Parcel Map.

(2)

Payment of Fee In-Lieu. Where the payment of a fee is required in lieu of land dedication, the fee shall be paid at the time of recording of the Final Map or Parcel Map, provided that:

(A)

The fees will be used to reimburse the public agency for expenditures previously made that will serve the subdivision; or

(B)

The fees will be collected for public improvements or facilities for which an account has been established.

(l)

Credit for Private Open Space.

(1)

Amount of Credit. The land or fees required may be reduced, at the discretion of the Review Authority, by an amount equivalent to 50 percent of the area of land in the subdivision which is to be used for private park and recreation facilities.

(2)

Standards for Grant of Credit. To grant up to 50 percent credit for private open space, the Review Authority shall determine that it is in the public interest to do so and that all of the following standards are met:

(A)

Yards, outdoor living area (private and common and open space), setbacks, and other open areas required to be provided by this Title shall not be included in the computation of such private open space;

(B)

The private park and recreation facilities shall be owned by a homeowners' association. If the homeowners' association is dissolved or no longer maintains the facilities, the County shall access the then property owners' records for fees in the amount that would be established at the time under the provisions of this Chapter. The County may accept land of equivalent value;

(C)

The use of the private open space shall be restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the County or its successor, i.e., a city after annexation;

(D)

The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and

(E)

Facilities proposed for the open space shall be in substantial accordance with the provisions of the recreation portion of the General Plan.

(m)

Exemptions. The provisions of this section shall not apply to:

(1)

Agricultural, commercial, and industrial subdivisions;

(2)

Condominium projects that consist of the subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added;

(3)

A tentative subdivision or tentative Parcel Map of existing multi-family residential units that are more than five years old when no new dwelling units are added; or

(4)

A lot or parcel, within a tentative subdivision or tentative Parcel Map, that contains a single family dwelling that is more than five years old when no new dwelling units are added to the lot or parcel.

(n)

Subdivision Development Agreements. Nothing contained within this section shall be construed to prohibit the entering into of a development agreement as authorized by the Government Code and this Title that addresses the issue of acquisition or dedication of park land provided, however, the dedication and acquisition as set out in this Title shall be considered the minimum standard, and no development agreement shall provide for less than the standards and the amounts provided for in this Section.

Chapter 9-508 - Public Improvement Plans