Sanger Municipal Code § 62-211 General

Footnotes:

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Cross reference— Parks and recreation, ch. 42.

This article is enacted pursuant to the authority granted by the subdivision map act. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the recreation element of the general plan of the city, adopted by the city on December 4, 1979, and any amendments thereto.

(Code 1960, § 19.141)

As a condition of approval of a tentative subdivision or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and/or community park or recreational facilities in accordance with the standards contained in this article.

(Code 1960, § 19.142; Ord. No. 928, § 1, 4-20-95)

It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each 1,000 persons residing within the city should be the standard for the dedication of land from residential subdivisions for neighborhood and community park and recreational facilities.

(Code 1960, § 19.143; Ord. No. 928, § 2, 4-20-95)

(a) Where a neighborhood or community park or recreational facility designated in the park's environmental resource management element of the general plan is located in whole or in part within a proposed subdivision, the subdivider shall dedicate land for a local neighborhood and/or community park and/or recreational facilities sufficient in size and topography to serve the residents of the proposed subdivision.

(b) The amount of land to be dedicated shall be determined pursuant to the following formula:

Average No. of Persons/Unit times Standard Park Acreage (3 acres), divided by 1,000 (population) equals Minimum Acreage Dedication

The following table based on the above formula is to be followed:

(c) The dedication of land shall be made in accordance with the procedures set forth in section 62-221.

(Code 1960, § 19.144; Ord. No. 928, § 3, 4-20-95)

(a) Formula for fees. Where no community or neighborhood park or recreational facility designated in the environmental resource management element of the general plan is located in whole or in part, within the proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land that would have been required for dedication pursuant to section 62-214, in an amount determined in accordance with section 62-217. Such fee shall be used solely for local and/or community parks and/or recreation facilities which will serve the residents of the area being subdivided.

(b) 50 parcels or less. In any proposed subdivision of 50 or fewer parcels, the subdivider may elect to pay a fee equal to the value of the land that would have been required for dedication pursuant to section 62-214, determined in accordance with section 62-217.

(c) Use of fees. Park fees shall be used only for the purpose of developing new or rehabilitating existing community and/or neighborhood parks or recreational facilities reasonably related to serving the future residents of the proposed subdivision. The fees so collected shall be committed within five years after payment or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, they shall be distributed and paid to the then-record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots in the subdivision.

(Code 1960, § 19.145; Ord. No. 928, § 4, 4-20-95)

Where the land needed for a planned neighborhood or community park or recreation area, located in a proposed subdivision of more than 50 lots, is less than the area that would be required for dedication under section 62-214, the subdivider shall dedicate the amount of land needed for the planned park and pay a fee computed pursuant to section 62-217 for that portion of the land dedication requirement that is not needed for the planned park.

(Code 1960, § 19.146; Ord. No. 928, § 5, 4-20-95)

(a) The fee required in lieu of land dedication shall be based on the average fair market value of the land being subdivided. The fair market value shall be based on the highest and best use of the property in its condition prior to approval of the subdivision map, rezoning, or other entitlement for use.

(b) The fair market value shall be determined by the director of community services prior to final or parcel map approval. If the subdivider objects to the fair market value determination by the director, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider. Such appraisal shall be used to establish the fair market value of the land required for dedication. The costs of the appraisal shall be borne by the subdivider.

(Code 1960, § 19.147; Ord. No. 928, § 6, 4-20-95)

Editor's note— Ord. No. 928, § 7, adopted April 20, 1995, set out provisions repealing § 62-218, which pertained to subdivisions not within general plan and derived from Code 1960, § 19.148.

(a) The requirement for dedication of land or payment of fees in lieu thereof, or a combination of both, shall be determined by the parks and recreation commission in consideration of the following:

(1) Consistency with the city's general plan;

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

(3) The size and shape of the subdivision;

(4) The feasibility of dedication; and

(5) The availability of previously acquired park property.

(b) The determination by the parks and recreation commission as to whether land shall be dedicated, or a fee be paid, or a combination thereof, shall be final and conclusive.

(Code 1960, § 19.149; Ord. No. 928, § 8, 4-20-95)

Where a private park or open space recreational area in a proposed subdivision will be owned and maintained by the future residents of the subdivision, a partial credit, not to exceed 50 percent of the required land dedication, shall be given where the parks and recreation commission finds all the following:

(1) That no required yards, court areas, setbacks, or other open areas under the city zoning and building regulations are included in the private park or open space area;

(2) That the maintenance of the private park or open space area is adequately provided for in a recorded document;

(3) That the private park or open space area is limited to park and recreational uses by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision, and which cannot be defeated or eliminated without the consent of the city or its successor;

(4) That the proposed private park or open space area is reasonably adaptable for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

(5) That facilities proposed for the private park or open space area are in substantial conformity with the general plan; and

(6) That the private park or open space area is at least two acres in size and provides a minimum of four of the basic local park elements listed below, or such other recreational improvements as will meet the recreation and park needs of the future residents of the subdivision:

(Code 1960, § 19.150; Ord. No. 928, § 9, 4-20-95)

(a) Prior to approval of the tentative subdivision or parcel map, the parks and recreation commission shall determine whether land is to be dedicated, in-lieu fees are to be paid, or whether there shall be a combination of land dedication and fees.

(b) Prior to recordation of the final subdivision or parcel map, the subdivider shall dedicate the required land and/or pay the required in-lieu fees.

(c) Open space covenants for private park or recreational areas shall be submitted to the city for review and approval prior to approval of the final subdivision or parcel map, and shall be recorded contemporaneously with the final subdivision or parcel map.

(Code 1960, § 19.151; Ord. No. 928, § 10, 4-20-95)

Fees determined pursuant to section 62-217 shall be deposited into a subdivision park trust fund. All moneys in such fund, including accrued interest, shall be expended solely for the development of new or rehabilitation of existing neighborhood or community parks and recreation areas. The city finance officer shall report to the city council at least annually on the income, expenditures, and status of the subdivision park trust fund.

(Code 1960, § 19.152; Ord. No. 928, § 11, 4-20-95)

Editor's note— Ord. No. 928, § 12, adopted April 20, 1995, set out provisions repealing § 62-223, which pertained to commencement of development and derived from Code 1960, § 19.153.

The provisions of this article do not apply to industrial subdivisions or to condominium or stock cooperative projects which consist of the subdivision of airspace in an existing apartment building more than five years old, when no new dwelling units are added.

(Code 1960, § 19.154; Ord. No. 928, § 13, 4-20-95)