Chapter 17.42
PARK DEDICATIONS
Sections:
17.42.030 Determination of land or fee.
17.42.050 Formula for dedication of land.
17.42.060 Fee in lieu of land.
17.42.070 Determination of fair market value.
17.42.080 Fee for mobile home parks.
17.42.110 Improvement of dedicated areas.
17.42.120 Use of money received.
17.42.130 Sale of dedicated land.
17.42.140 Credit for private parks.
17.42.010 Purpose.
This chapter is enacted pursuant to Cal. Gov’t Code § 66477, and the general police power of the City. The park and recreation facilities for which dedication of land and/or payment of a fee is required by this chapter are consistent with the Mt. Shasta General Plan. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.020 Requirement.
At the time of approval of the tentative map or parcel map, the approving body shall determine the land required for dedication or amount of in-lieu fee pursuant to MSMC 17.42.050 and 17.42.060, respectively. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both at the option of the City, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this chapter. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.030 Determination of land or fee.
Whether the approving body of the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
(A) The compatibility of dedication with the Mt. Shasta General Plan;
(B) The natural feature, access and location of land in the subdivision available for dedication;
(C) The size and shape of the subdivision and land available for dedication;
(D) The feasibility of dedication;
(E) The location of existing and proposed park sites and trailways;
(F) The then current availability of resources to properly develop and maintain a dedication. (Ord. CCO-90-08, 1990)
17.42.040 General standard.
The City Council finds that the public interest, convenience, health, welfare and safety require that five acres of land for each 1,000 persons residing within this City be devoted to neighborhood and community park and recreational purposes in accordance with the Open Space Element of the Mt. Shasta General Plan. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.050 Formula for dedication of land.
(A) The City Council finds, based on historical experience and current statistical trends, that the average occupancy of a single-family dwelling is 2.44 persons, that for a duplex or triplex dwelling is 2.07 persons and that for an apartment unit is 1.79 persons.
(B) The formula for the minimum area of land to be dedicated under this chapter is thus:
(DUs x Persons per Unit) x Gen. Std. = Min. Acre Dedication
Where:
“DUs” = Number of new dwelling units within the subdivision.
“Persons per Unit” = Statistical average occupancy under subsection (A) of this section.
“Gen. Std.” = General standard of parkland required per person under MSMC 17.42.040, i.e., .005.
“Min. Acre Dedication” = The minimum area of land to be dedicated by the property owner to the City of Mt. Shasta under this chapter. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.060 Fee in lieu of land.
If the City opts to accept a cash payment in lieu of a dedication of land, the subdivider shall pay a fee directly to the Mt. Shasta recreation and parks district in an amount calculated as follows:
Min. Acre Dedication x FMV per Acre = Amt. of Cash Payment
Where:
“Min. Acre Dedication” = The minimum area of land to be dedicated under this chapter, as calculated under MSMC 17.42.050.
“FMV per Acre” = Fair market value of an acre of buildable parkland, as determined according to MSMC 17.42.070, plus 20 percent of that amount for minimum improvement costs. (Ord. CCO-11-05 § 54, 2011; Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.070 Determination of fair market value.
The fair market value of an acre of buildable parkland shall be established, from time to time, by resolution of the City Council, which determination shall be final and not subject to appeal, and shall apply to all complete subdivision applications filed thereafter. Until such a resolution is adopted, the said fair market value shall be $78,000 per acre. (Ord. CCO-04-05, 2004; Ord. CCO-93-03, 1993; Ord. CCO-90-08, 1990)
17.42.080 Fee for mobile home parks.
If the development or operation of a mobile home park results in a subdivision of land as such is defined in the California Subdivision Map Act, at the time of the approval of the final map or parcel map for such subdivision the developer or owner of each parcel shall pay to the City, in addition to any and all other requirements of this code, an in-lieu fee of $100.00 per mobile home space to offset the cost of public provision of park and recreational facilities to serve the needs of the inhabitants of the mobile home park. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.100 Exemptions.
(A) The provisions of this chapter as to dedications of land or payments of in-lieu fees shall not apply to any of the following:
(1) Commercial or industrial subdivisions;
(2) Condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old, but to which no new dwelling units are added; or
(B) The approving body may, upon written request, waive the dedication and in-lieu fee requirements of this chapter if imposition of the same would be violative of any State or Federal law or regulation.
(C) Subdivisions, which, because they were not proposed to be used for residential purposes, were exempt from the dedication and fee-in-lieu requirements of this chapter, shall be subject hereto if subsequent thereto a building permit is requested for construction of a residential structure on one or more of the parcels of such subdivision within four years of its approval, and a fee may be required to be paid by the applicant therefor as a condition to the issuance thereof, the amount of the fee to be determined in the manner provided in MSMC 17.42.060. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.110 Improvement of dedicated areas.
Where land is dedicated to the City for park and recreational purposes pursuant to this chapter, the subdivider shall without credit pay, and be responsible, for the improvement of the dedicated area, and including curbs, gutters, drains, street lights, traffic control devices, street trees, street paving, sidewalks and improved drainage identical to the standards of improvements required for the other areas of the subdivision, as well as other minimal improvements which the City Council determines to be essential to the acceptance of the land for recreational purposes. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street; provided, however, that this requirement may be waived by the City Council if it determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.120 Use of money received.
(A) The funds collected pursuant to the provisions of this chapter, and interest accrued thereon, shall be used only for the purpose of acquiring, developing or rehabilitating park land or park recreational facilities and improvements reasonably related to serving the subdivision from which said fees are collected.
(B) The City shall assign said funds to the general geographical area in which the subject subdivision is located. The City Council may, by resolution, formally designate a number of geographical areas within the City for which such funds shall be assigned.
(C) Funds shall be spent in the manner provided herein within five years following the end of the fiscal year in which they were collected. If such fees are not so spent within the time specified, they shall be refunded, along with accrued interest, less an administrative charge, and shall be distributed and paid to the then record owners of the lots within the subdivision in the same proportion that the size of each lot bears to the total area of all lots within the subdivision.
(D) The parkland hereby acquired may at the option of the City Council, and with the acceptance of the governing body of the Mt. Shasta recreation and parks district or any successor public agency responsible for providing park and recreational services, be leased or conveyed in fee to said district on such terms and conditions as the City and the district may agree.
(E) The City, or, if applicable, the park district, 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.
(F) The City Manager or Chief Financial Officer of the City shall report to the City Council not less than annually as to the in-lieu fees on deposit, the income received since the last report, and the identity, if any, of the geographical area of the City to which the sums have been designated. (Ord. CCO-11-05 § 55, 2011; Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.130 Sale of dedicated land.
If, during the ensuing time between dedication of land for park purposes and commencement of development of the land for such purpose, circumstances arise which indicate that another site would be more suitable for local park or recreation purposes serving the subdivision and the neighborhood, the land may be sold by the City upon the approval of the City Council, with the resultant funds being used for purchase of a more suitable site, or retained in an account dedicated to such purpose and spent therefor within five years, after the date of dedication, in the manner specified in MSMC 17.42.120. If the City determines to dispose of the property, the subdivider or its successor shall have a right of first refusal to purchase the property at fair market value. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.140 Credit for private parks.
Where private open space for parks and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may, at the discretion of the City Council, be credited against the dedication and in-lieu requirements of this chapter; provided, that the City Council finds it in the public interest to do so, and that the following standards are met.
(A) Yards, court areas, setbacks and other open areas required by the zoning and building regulations shall not be included in the computation of such open space;
(B) Ongoing ownership, funding and maintenance of the open space shall be provided for in writing and shall be subject to approval by the Mt. Shasta Planning Commission;
(C) The use of the private open space shall be irrevocably restricted to park and recreational purposes by recorded covenants which run with the land in favor of the future owner of property within the tract and which cannot be defeated or eliminated without the consent of the City Council;
(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 of the private open space land;
(E) The facilities proposed for the open space shall be in substantial accordance with the provisions of the General Plan pertaining to open space, park and recreational interests and are approved by the City Council;
(F) The open space and/or facilities provide for the park and recreation needs of the project in such a manner as to reduce the impact on existing facilities or reduce the need to provide new facilities by the City. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)
17.42.150 Effective date.
This chapter shall apply to all subdivisions except those subdivisions for which a completed application is on file prior to the effective date of this chapter. (Ord. CCO-04-05, 2004; Ord. CCO-90-08, 1990)