23.14.030 Parkland dedication | Sierra County Code

23.14.030 Parkland dedication.

A. 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. 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 policies, principles and standards for park and recreational facilities contained in the general plan. A general plan text reference, policy or map may require such a dedication.

B. Requirements. As a condition of approval of a tentative parcel or subdivision 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. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations 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.

C. General Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that three acres of property for each 1,000 persons residing within the county be devoted to local park and recreational purposes.

D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the general plan and 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:

(Acres of Parkland) / (Dwelling Unit) = 0.003 Acres* x (Average No. of Persons) / (Persons Dwelling Unit)

*(Based on three acres of parkland per 1,000 population)

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

Dwelling Type of Land Use	Average No. Persons/ Dwelling Unit	Acres Per Dwelling Unit
Single-Family or Mobilehome	3.0	0.015
Duplex or Multifamily	2.1	0.0105

For the purposes of this section, the number of proposed dwelling units shall be determined as follows: In areas zoned for one 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 approved final development plan. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Planning Commission and the Director of Parks Department or the Director of Transportation, as appropriate, 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 the land for functional recreation units of local or neighborhood service, including, but not limited to: tot lots, play lots, playgrounds, neighborhood parks, play 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:

♦ A variety of recreational potential for all age groups;

♦ Recreational opportunities within walking distance from residents’ homes;

♦ Possibility for expansion or connection with school grounds;

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

♦ Coordination with all other park systems; and

♦ Access to at least one existing or proposed public street.

1. 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, the subdivider shall, in the county’s discretion, either dedicate land in the amount provided in subsection (D) of this section or pay a fee in lieu of dedication in an amount determined in accordance with the provisions of subsection (G) of this section.

2. Fees in Lieu of Land – 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of proposed subdivision as prescribed in subsection (C) of this section and in an amount determined in accordance with the provisions of subsection (G) of this section. Where the subdivision is a condominium project, stock cooperative or community apartment project which exceeds 50 dwelling units, dedication of land may be required, notwithstanding that the number of parcels may be less than 50.

3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to subsection (K) of this section, for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed within five years after payment thereof of the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it 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.

F. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 parcels, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

1. 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 subsection (G) of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection (C) of this section.

2. 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 for the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to subsection (G) 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 according to subsection (D) of this section. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

G. Amount of Fee in Lieu of Parkland Dedication. When a fee is required to be paid in lieu of parkland 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 subsection (D) of this section.

The fair market value shall be as determined by the department at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the county to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the county and the subdivider, which appraisal will be considered by the county in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

For purposes of determining fair market value pursuant to this section, the department and any Appraiser shall consider, among other things:

1. Conditions of approval of the tentative map;

2. The general plan and zoning requirements for the area;

3. The location and site characteristics of the property; and

4. Off-site and on-site improvements facilitating use of the property.

H. Determination of Land or Fee. Whether the county accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by consideration of the following:

1. Policies, standards and principles for park and recreation facilities in the general plan;

2. Topography, geology, access and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. Feasibility of dedication;

5. Compatibility of dedication with the general plan; and

6. Availability of previously acquired park property.

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

I. 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, and community apartment projects, as defined in Cal. Bus. & Prof. Code §§ 11003, 11003.1, 11003.2, 11003.4, and 11004, respectively, and condominiums shall be eligible to receive a credit, as determined by the Board of Supervisors, 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 uses.

1. At the time of the approval or conditional approval of the tentative parcel or subdivision map, the Planning Commission or Planning Director, as the case may be, shall determine, after a report and recommendation from the Director of Parks, whether land, in-lieu fees, or a combination of land and fees, shall be dedication and/or paid by the subdivider.

2. The Planning Commission or Planning Director, as the case may be, may approve, modify, or disapprove the recommendation of the Director of Parks; provided, however, any modification of the proposed recommended condition not previously considered by the Director of Parks shall first be referred back to the Director of Parks for a report and further recommendation. The Director of Parks shall report back to the Planning Commission or Planning Director within 30 days. After the receipt and consideration of the report, or after 30 days have passed in the event no report is received, the Planning Commission or Planning Director may adopt the condition.

3. The recommendation of the Director of Parks shall include the following:

a. The amount of land required; or

b. That a fee be charged in lieu of land; or

c. That a combination of land and a fee be required; and

d. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

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

4. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the county. At the discretion of the county, fees may be paid prior to issuance of any building permit for any structure in the subdivision.

5. Open space covenants, conditions and restrictions for private park or 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.

K. Schedule of Use. At the time of the approval of the final map or parcel map, the county shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.

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

1. Subdivisions containing four or fewer parcels and not used for residential purposes. 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 or more of the parcels within four 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.

2. Commercial or industrial subdivisions.

3. Condominium projects or stock cooperatives which consists of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Formerly 23.14.003)