Chapter 17.50
RECREATION DEDICATION AND FEES
Sections:
17.50.010 Citation and authority.
17.50.030 Dedication of land or payment of fees for recreation.
17.50.040 Conditions to dedication or fee payment requirements.
17.50.050 Calculation of land area to be dedicated and fees payable.
17.50.060 County adoption of regulations.
17.50.010 Citation and authority.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California (hereinafter referred to as the recreation dedication and fees statute), and this chapter may be cited as the "Amador County recreation dedication and fees ordinance." (Ord. 1198 §1(part), 1989).
17.50.020 Purpose and intent.
A. It is the purpose of this chapter to establish procedures necessary for the implementation of the recreation dedication and fees statute, and to supplement the provisions of the Subdivision Map Act and the remainder of Title 17 of this code. Except as otherwise set forth in the provisions of this chapter, the provisions of Title 17 shall apply to this chapter.
B. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. (Ord. 1198 §1(part), 1989).
17.50.030 Dedication of land or payment of fees for recreation.
The county may require, as a condition to approval of a tentative map or parcel map, the dedication of land or payment of fees in lieu of such dedication, or a combination of both, for park and recreational purposes. Such dedication or payment of fees requirement may only be required under the conditions set forth in this chapter. (Ord. 1198 §1(part), 1989).
17.50.040 Conditions to dedication or-fee payment requirements.
The conditions under which a dedication of land or payment of fees in lieu of dedication for park or recreational purposes may be required as a condition to approval of a tentative map or parcel map are as follows:
A. This chapter shall apply only to tentative maps or parcel maps which are filed at least thirty days after the effective date of the ordinance codified in this chapter.
B. The amount of land to be dedicated or fees required to be paid for park or recreational purposes shall not exceed that calculated according to the formula set forth in Section 17.50.050 of this chapter.
C. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community recreational facilities to serve the subdivision being created.
D. The park and/or recreational facilities shall be in accordance with definite principles and standards contained in the Amador County general plan or any specific plan adopted covering the affected park or recreational area.
E. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
F. Upon requiring a dedication of land or payment of fees, or both, for park and recreational purposes, the county shall develop a schedule 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 subdivision. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed within that time, 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 within the subdivision.
G. Only the payment of fees, and no dedication of land, may be required for subdivisions containing fifty parcels or less, except that dedication of land may be required for condominium projects, stock cooperatives, or community apartment projects containing fifty or more dwelling units, regardless of the number of parcels.
H. Subdivisions containing five or fewer parcels and not used for residential purposes are exempted from the requirements of this chapter. However, if within four years after the final approval of the tentative map or parcel map a building permit is requested for construction of a residential structure or structures on one or more of such parcels, the fee may be required from the owner of such parcel as a condition to issuing the building permit.
I. If the subdivider, as a condition to approval of the tentative map or parcel map, 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 chapter. (Ord. 1198 §1(part), 1989).
17.50.050 Calculation of land area to be dedicated and fees payable.
A. Land Dedication.
1. The amount of land which may be required to be dedicated by a subdivider under this chapter shall be equal to three acres per estimated one thousand persons who are expected to reside in the subdivision, determined in the following manner: for each dwelling unit in the subdivision, an average population density of 2.56 persons shall be established. That average unit density shall be multiplied by the number of projected dwelling units in the subdivision, or actual dwelling units in a condominium project, stock cooperative, or community apartment project. This figure obtained shall be the projected population density of the subdivision, and the amount of land which may be required to be dedicated for park/recreational purposes shall be determined by applying the projected population density to the three acres per one thousand population ratio specified above.
2. In the case of unimproved subdivision lots being created, the determination of number of projected dwelling units shall be calculated using the maximum allowable unit density for each of such lots under the applicable general plan and zoning designations for each of such lots.
B. Payment of Fees. In determining the fees payable for park/recreational purposes under this chapter, the formula used to calculate land for dedication shall be applied in the manner set forth in subsection A of this section. The fees which may be charged shall be determined by multiplying the amount of acreage so calculated by the fair market value of the entire subdivision as of the time the tentative map is approved, as determined by the Amador County Assessor’s office. If the subdivider disputes the valuation placed upon the property by the assessor’s office, the value of the property, and thus the amount of the fee, shall be determined by the board of supervisors.
C. Combination of Land Dedication and Fee Payment. If a combination of land dedication and fee payment for park/ recreational purposes is required, the total, as calculated under subsection A and B of this section, shall not exceed a total dedication requirement of three acres per one thousand projected inhabitants of the subdivision. (Ord. 1198 §1(part), 1989).
17.50.060 County adoption of regulations.
The board of supervisors may, by resolution, adopt administrative procedures, interpretations, regulations, and policy direction under this chapter. (Ord. 1198 §1(part), 1989).