Chapter 22.40
PARK AND RECREATION DEDICATION AND FEES
Sections:
22.40.015 Parks and recreation land and impact mitigation fees.
22.40.020 Procedure for subdivider.
22.40.025 Determining the local agency.
22.40.030 Dedication requirements.
22.40.035 Calculating area of land dedication.
22.40.037 Calculation of trail in-lieu fees for trail improvements.
22.40.040 Calculation of in-lieu fees.
22.40.060 Recreational community gardening.
22.40.065 Credit for privately owned facilities.
22.40.070 Computation of credit.
22.40.075 Access requirements.
22.40.080 Sale of dedicated land.
22.40.085 Credit for park and recreational improvements and equipment.
22.40.000 Application.
Repealed by Ord. 13-2016. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 17-2006 §1, eff. 5-26-2006; Ord. 20-2005 §5, eff. 6-10-2005]
22.40.005 Authority.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code. The park and recreational facilities for which dedication of land and/or payment of a fee is required shall be in accordance with the local recreational element of the General Plan. Land dedication under this chapter shall conform to the most current City General Plan, to any adopted community plan, and the applicable provisions of Section 66477 of the Government Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.010 Purpose.
As a condition of approval of a tentative subdivision map or tentative parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City for neighborhood and community park or recreational purposes at the time specified by the City according to the standards and formula contained in this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.015 Parks and recreation land and impact mitigation fees.
A. The City Council may, at its sole discretion, utilize the Mitigation Fee Act, Section 66000, et seq., of the Government Code, to impose parks and recreation impact fees as a condition to the approval of a development project, as defined in the Mitigation Fee Act. All fees imposed pursuant to Section 66000, et seq., of the Government Code shall be paid to the City.
B. The City Council may, at its sole discretion, use any other of its powers to obtain land and/or monies for parks and recreation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 20-2005 §4, eff. 6-10-2005]
22.40.020 Procedure for subdivider.
At the time of filing of a tentative subdivision map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park or recreation purposes, or whether the subdivider desires to pay a fee in lieu thereof, or a combination of dedication and in-lieu fees. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative subdivision map as submitted. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.025 Determining the local agency.
A. Prior to the time of tentative subdivision or tentative parcel map approval, the City Council shall have determined whether the City or another public agency is the appropriate local public agency providing park and recreation services on a community-wide level and to the area within which the proposed development will be located. Pursuant to such determination, land or fees required under this chapter shall be conveyed or paid directly to the designated agency, if such agency elects to accept the land or fee.
B. In the event park and recreation services and facilities are provided by a public agency other than the City, the amount and location of land to be dedicated or fees to be paid shall be determined by the City Council and the Board of Directors of such public agency. [Ord. 13-2016 §3 (Exh. A), eff. 8-26-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.030 Dedication requirements.
The advisory agency or Council shall require the dedication of all land, the payment of fees in lieu thereof, or a combination of both as provided herein, for park or recreational purposes as a condition to the approval of a tentative subdivision or tentative parcel map; provided, that:
A. The land, fees, or combination thereof are to be used only for the purposes of developing new and rehabilitating existing park or recreational facilities to serve the subdivision.
B. 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.
C. The Council and/or the designated local public agency shall develop a schedule specifying how and when 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 shall be committed within five (5) years after the payment of fees or the issuance of building permits on one-half (0.5) of the lots created by the subdivision, whichever occurs later. If such 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 within the subdivision.
D. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less. However, nothing in this chapter shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, if the subdivider voluntarily proposes such dedication and the land otherwise meets the requirements of this title.
E. Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that 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 may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
F. 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 chapter, as determined pursuant to EGMC Section 22.40.085. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.032 Parkland required.
All new residential subdivisions or development projects shall provide real property for recreation and park purposes at a ratio of no less than five (5) acres of property for each one thousand (1,000) members of the population of the City (or other ratio as may be provided through an adopted community plan, specific plan, or similar master or strategic plan) as provided in this chapter. [Ord. 13-2016 §3 (Exh. A), eff. 8-26-2016]
22.40.035 Calculating area of land dedication.
A. The amount of land to be dedicated shall be determined according to the following formula:
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D x F = A, where: |
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D = |
the number of dwelling units |
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F = |
a “park factor” herein described in subsection (C) of this section |
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A = |
the buildable acres to be dedicated |
B. Definitions. The following terms, as used in this section, shall have the following meanings:
“Apartment area” means an area of land used for or proposed for residential occupancy in buildings or structures designed for five (5) or more families for living or sleeping purposes and having kitchen and bath facilities for each family. Included are condominiums and cluster developments.
“Dwelling unit” means one (1) or more rooms in a building or structure or portion thereof designed exclusively for residential occupancy by one (1) family for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.
“Mobile home development” means an area of land used for or proposed for residential occupancy in vehicles which require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.
“Multiple-family area” means an area of land used for or proposed for residential occupancy in buildings or structures designed for two (2) to four (4) families for living or sleeping purposes and having a kitchen and bath facilities for each family, including two (2) family, group and row dwelling units.
“Park factor” means the factor, or ratio, that describes the amount of park land required per dwelling unit based upon the average household size for the applicable dwelling unit type. See subsection (C) of this section.
“Single-family area” means an area of land used for or proposed for detached buildings designed for occupancy by one (1) family.
C. Park Factors.
1. The park factor shall be the acreage required for each of the four (4) types of dwelling units defined in this chapter. The method for calculating the park factor shall be as illustrated in the following equation. To complete the calculation, the Development Services Director shall, using data for the City of Elk Grove as reported by the U.S. Census Bureau for the City of Elk Grove, identify the household size for each of the four (4) dwelling unit types. The household size shall be determined based upon the total population in each dwelling category, divided by the total number of occupied units in that dwelling category.
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(Parkland Requirement (e.g., 5 acres) |
= Park Factor |
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(1,000 ÷ Household Size) |
2. In the case of a specific plan, special planning area, or similar master or strategic plan for a geographic area, the park factors shall be established at the time of adoption of the plan as provided in subsection (C)(1) of this section.
D. In multiple-family and apartment areas, the number of dwelling units shall be calculated from the maximum density permitted in the proposed zone, as determined from the Zoning Code, including any density bonus, unless the subdivider can demonstrate that the development will contain a lesser number of dwelling units. For tentative parcel maps in multifamily zones which require development plan review pursuant to the Zoning Code, a condition may be added to the tentative parcel map stating that the number of dwelling units may be calculated using the density tentatively approved pursuant to development plan review, and such review shall not become final until the required land or improvements are dedicated (or fees in lieu thereof are paid by the subdivider) to the satisfaction of the City.
E. Unless a specific written request is made by the applicant, fees shall be payable at the time of the recording of the final map or parcel map. When a tentative parcel map or tentative subdivision map includes one (1) or more lots intended for multiple family and apartment development, as provided in subsection (D) of this section, the designated approving authority may add a condition to the map stating that required land or dedication or improvements or the payment of an in-lieu fee may be deferred to a later time but not later than prior to the issuance of building permits. In such instance, the value of the in-lieu fee shall be calculated at the time of the payment of the fee. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 13-2016 §3 (Exh. A), eff. 8-26-2016; Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 7-2001 §4, eff. 7-20-2001; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.037 Calculation of trail in-lieu fees for trail improvements.
When a fee is to be paid in-lieu of construction of trails, the applicant shall, in lieu of constructing the trail, pay a fee equal to the value of the construction of the trail improvements that would otherwise be required to be built by applicant. The fee shall be paid prior to recordation of a final map, issuance of a permit or approval of any development application, as applicable. The total amount may be rounded to the nearest whole dollar. The amount of in-lieu fee shall be determined by the Director in accordance with the following formula:
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A = L + M |
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Where, |
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A = |
the number of dollars paid in lieu of installation of trail improvements. |
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L = |
the labor for installation of trail improvements including the payment of prevailing wage. |
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M = |
the materials necessary for the installation of trail improvements. |
[Ord. 5-2015 §2, eff. 4-10-2015]
22.40.040 Calculation of in-lieu fees.
A. Calculations. Where the advisory agency or Council requires the payment of in-lieu fees, the amount to be paid shall be a sum calculated pursuant to the following formula:
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A x V = M |
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where, |
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A = |
the amount of land required for dedication as determined by EGMC Section 22.40.035; |
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V = |
fair market value (per acre) of the property to be subdivided, as determined by this section; and |
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M = |
the number of dollars to be paid in lieu of dedication of land. |
B. City Dedications. In determining in-lieu fees for City park and recreation land dedications, the subdivider shall request that the City cause an appraisal be conducted, consistent with this section, and the subdivider shall pay the in-lieu fee based upon the fair market value established by the appraisal consistent with the standards set forth herein.
Upon request by the subdivider to calculate the in-lieu fee, the City shall request that an appraisal be conducted by a qualified licensed real estate appraiser from the City’s list of approved appraisers. The appraiser shall hold a certified general appraisal license issued by the California Bureau of Real Estate Appraisers (BREA) or equivalent certification, as determined in the sole discretion of the City. The cost of the appraisal and the City’s review of the appraisal shall be borne by the subdivider. A deposit for such fees, established by the City’s Development Services Department services fees schedule as approved by resolution of the City Council, shall be deposited with the City at least one hundred twenty (120) days prior to the recording of the final map. If the deposit is nearing depletion, the City may request an additional deposit. If an unbilled balance remains at the end of the appraisal process, a refund will be issued to subdivider.
The appraisal shall render a value based upon an approved tentative subdivision or parcel map assuming a land use and zoning designation in accordance with the project application, utilizing the following market value: The most probable price, as of a specific date, in cash, or terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under undue duress.
The appraisal shall value the property as of a date no earlier than ninety (90) days prior to the recording of the final map, or the payment of the fee, whichever occurs later. The appraisal report shall be subject to approval by the Development Services Director.
C. Other Agency Dedications. If another public agency, including without limitation the Cosumnes Community Services District, provides park and recreation services to the area within which the proposed development will be located, and if such other public agency will be the recipient of the in-lieu fees for park and recreation dedications, then the other public agency may, in its sole discretion, either: 1) conduct the appraisal through the office of the Sacramento County Assessor to determine fair market value, which shall value the property as of a date no earlier than ninety (90) days prior to the recording of the final map, or the payment of the fee, whichever occurs later; 2) utilize the appraisal method described in subsection (B) of this section; or 3) conduct the appraisal through another procedure acceptable to that public agency in a manner that determines the fair market value consistent with the standards set forth in this section. The subdivider shall pay the actual costs incurred by the other public agency in obtaining an appraisal and shall pay such estimated costs in advance of commencing the appraisal.
D. Alternative Appraisal Method. Nothing here shall preclude the City or any other public agency from determining fair market value by an appraisal procedure that is alternative to the procedures set forth above, as long as the alternative appraisal method is reasonably likely to determine the substantially same fair market value as if conducted by the appraisal method above, all as determined by the City or the other public agency in their sole discretion. [Ord. 13-2016 §3 (Exh. A), eff. 8-26-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.041 Calculation of in-lieu parkland fees – East Franklin Specific Plan Area.
Repealed by Ord. 13-2016. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2003 §4, eff. 6-20-2003]
22.40.045 Alternative calculation method.
Repealed by Ord. 13-2016. [Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.055 Exemption.
This chapter shall not apply to:
A. Commercial or industrial subdivisions;
B. 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;
C. Tentative subdivision maps or tentative parcel maps in agricultural or agricultural residential zones as defined in the Zoning Code when more than fifty (50%) percent of the lots created exceed two (2) gross acres each;
D. A tentative subdivision or tentative parcel map of existing multifamily residential units which are more than five (5) years old when no new dwelling units are added; or
E. A lot or parcel within a tentative subdivision or tentative parcel map that contains a single-family dwelling that is more than five (5) years old when no new dwelling units are added to said lot or parcel. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.060 Recreational community gardening.
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, shall be deemed a park and recreational purpose. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.065 Credit for privately owned facilities.
A. The City may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned unit developments or residential townhouse units, mobile home developments, special planning areas (as defined in EGMC Title 23), and other forms of planned developments; provided, that for such property located within the Cosumnes Community Services District’s jurisdiction, such credit determination shall be made in the joint discretion of the City and Cosumnes Community Services District. Such credit shall be subtracted from the dedication or fees, or both, subject to joint approval of the City and Cosumnes Community Services District, if such property is located within the Cosumnes Community Services District’s jurisdiction, provided:
1. Yards, patio court areas, setbacks, and other open space areas required by this title and the Zoning Code shall be maintained;
2. Provision is made by recorded covenants that the private areas be adequately maintained, consistent with City and Cosumnes Community Services District standards;
3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the written consent of the City.
In the event park and recreation services and facilities serving the subdivision are provided by a public agency other than the City, such agency shall have the joint discretion to grant credit in accordance with this section. Any recorded covenant effectuating the terms of this section shall be enforceable by the City and the public agency that provides park and recreation services and facilities to the subdivision.
B. Land or facilities which may qualify for credit will generally include the following:
1. Open spaces, which are generally defined as parks and parkway areas, ornamental parks, extensive areas with tree coverage, lowlands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, or open areas on the site in excess of twenty thousand (20,000 ft2) square feet;
2. Court areas for tennis, badminton, shuffleboard or similar hard-surfaced areas designed and used exclusively for court games;
3. Recreational swimming areas defined as fenced areas devoted primarily to swimming and diving, including decks, lawn area, user facilities (e.g., changing rooms/locker rooms, showers), or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15 ft2) square feet of water surface area for each three (3%) percent of the population of the subdivision;
4. Recreation buildings designed and primarily used for the recreational needs of the residents of the development;
5. Special areas defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake sites, or river beaches, improved access or right-of-way in excess of the requirements of EGMC Section 22.40.035, and similar types of open space or recreational facilities.
C. Credit provided under this section shall be limited to the local portion of the required parkland under EGMC Section 22.40.032 and shall not apply to the community and regional park component. [Ord. 13-2016 §3 (Exh. A), eff. 8-26-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.070 Computation of credit.
The categories for credit described in EGMC Section 22.20.065 shall be given equal weight, each category not to exceed twenty (20%) percent of the total dedication or fee which may be required by the Council. The Council may grant additional credit for each category if there is substantial evidence that:
A. The open space or recreational facility is above average in aesthetic quality, arrangement or design;
B. The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or
C. The open space or recreational facility is situated so as to complement open space or local recreational facilities in other private or public developments. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.075 Access requirements.
All land offered for dedication for park and recreational purposes shall have access on at least one (1) existing or proposed public street. This requirement may be waived by the Council if the Council determines that the public street access is unnecessary for the maintenance of the park area or use thereof by the residents. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.080 Sale of dedicated land.
The subdivider or owner and the Council or the Director of a local park and recreational district may, after dedication of the land and before construction of the first (1st) dwelling unit, agree to sell the land dedicated and use the proceeds thereof towards the acquisition of a more suitable site. Such sale is subject to the limitations imposed on disposition of park property set forth in the Government Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.40.085 Credit for park and recreational improvements and equipment.
A. If the subdivider proposes to receive credit for providing park and recreational improvements to the land the subdivider has dedicated, or equipment located thereon, the following procedure shall be followed. At the time of filing for the tentative map, the subdivider shall notify the local agency providing park and recreational services to the area within which the proposed development will be located that he or she intends to receive credit for park and recreational services to the area within which the proposed development will be located, and that he or she intends to receive credit for park and recreational improvements to the dedicated land and equipment located on that land. At the time of approval of the tentative map, the amount of land to be dedicated necessary to comply with this chapter shall be calculated pursuant to EGMC Section 22.40.035. As a condition of approval of such tentative map, the developer shall be required to dedicate the calculated amount of land or its equivalent in fees or credits at the time of filing the final map, and the developer shall sign an agreement with the local agency stating that land, and any equipment located thereon, shall be calculated and dedicated at the time of approval of the final map in an amount equivalent to the current value, pursuant to EGMC Section 22.40.040 as established by an appraisal of the amount of land required to be dedicated as a condition of the tentative map.
B. Such land, improvements and equipment may be accepted by the local agency if such land, improvements and equipment comply with its master plan for that park. Immediately upon the approval or conditioned approval of the tentative map to the subdivider, the local agency providing parks shall initiate preparation of a master plan for the park area proposed to receive the credits. Such master plan shall be completed within the duration of the tentative map and not later than thirty-six (36) months from approval of the tentative map.
C. At the time of approval of the final map, the subdivider shall dedicate land to the local agency providing parks if such dedication is consistent with the master plan. The subdivider and the local agency shall enter into a credit agreement whereby the subdivider agrees to pay a fee in lieu of dedication of land, and provide a bond or other security acceptable to the City guaranteeing the subdivider will pay the fee, in the amount of the remainder of the obligation calculated pursuant to subsection (A) of this section. The subdivider then shall specify the improvements to the dedicated land together with equipment located thereon he or she wishes to provide, consistent with the master plan. The public agency shall proceed with a standard competitive bid process to arrive at the lowest responsible bidder for providing such improvements and equipment. Upon completion of the competitive bid process, the subdivider shall pay the fee, which shall be used to pay for such improvements and equipment. If no fee is paid, the bond or other security shall be used for such payment. The remainder of the fee or security, if any, shall be retained by the local agency.
D. If the developer and local agency agree to allow installation of park and recreational improvements and equipment located on the dedicated land, rather than providing a fee, bond, or other security pursuant to subsection (C) of this section, the developer may do so; provided, that such improvements are consistent with the park master plan. The amount of credit to be given shall be determined jointly by the local agency providing parks, the City, and the developer, based on evidence presented by the developer showing that such improvements were obtained and installed at a reasonable, competitive rate for the community. Only reasonable charges shall be eligible for credit under this section. The developer may choose to construct and provide such improvements and equipment only upon a showing to the City and local agency providing parks that such a procedure will not result in costs in excess of that obtainable by using a competitive bidding process carried out by the public agency, pursuant to subsection (C) of this section. [Ord. 13-2016 §3 (Exh. A), eff. 8-26-2016; Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]