Chapter 22.40
PARK AND RECREATION DEDICATION AND FEES
Sections:
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.
22.40.040 Calculation of in-lieu fees.
22.40.045 Determination of fair market value.
22.40.050 Standards for final maps where tentative map approved prior to 1983.
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.
Prior legislation: Ord. 19-2003.
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 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 city general plan, to any adopted specific plan, and the applicable provisions of Section 66477 of the Government Code. [Ord. 3-2023 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
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. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983; SCC 394 § 4, 1979; SCC 325 § 4 (part), 1978].
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. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983; SCC § 4 (part), 1978].
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 section 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 jointly determined by the city council and the board of directors of such public agency. [Ord. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
22.40.030 Dedication requirements.
The approval body or city 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 city 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 years after the payment of fees or the issuance of building permits on one-half 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 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 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 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 or more of the parcels within four 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 RCMC 22.40.085. [Ord. 3-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 25-2003 § 3; SCC 574 § 2, 1983; SCC 395 § 5, 1979; SCC 325 § 4 (part), 1978].
22.40.035 Calculating area of land dedication.
A. If the city requires the dedication of land, the subdivider or owner shall dedicate land for neighborhood and community parks according to the formula D x F = A in which:
D equals the number of dwelling units,
F equals a factor herein described, and
A equals the amount of land, in acres, to be dedicated.
B. Definitions. For purposes of this section, the following definitions shall apply:
“Age-restricted multifamily dwelling” means a residential building or structure for occupancy by persons 55 years of age or older, designed and used for or proposed for residential occupancy by seven or more families and having a kitchen and bath facilities for each family.
“Age-restricted single-family dwelling” means a dwelling unit comprised of a detached building designed for occupancy by one or more persons 55 years of age or older.
“Dwelling unit” means one or more rooms in a building or structure or portion thereof designed exclusively for residential occupancy by one family for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.
“Micro-unit dwelling” means an attached or detached dwelling unit of 800 square feet or less.
“Mobile home” means a dwelling unit 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 dwelling” means a residential building or structure designed and used for or proposed for residential occupancy by seven or more families and having a kitchen and bath facilities for each family.
“Single-family dwelling” means a dwelling unit comprised of a detached building designed for occupancy by one family.
“Small-family dwelling” means a residential building or structure designed and used for or proposed for residential occupancy by two to six families and having a kitchen and bath facilities for each family, including two-family, group and row dwelling units less than or equal to 1,200 square feet.
C. The factors 0.01475, 0.0101, 0.0077, 0.0086, 0.01, 0.0051 and 0.0052 are constants determined from an analysis of population trends and studies of Rancho Cordova in accordance with Section 66477(a)(2) of the Government Code, which, when multiplied by the number of dwelling units permitted in the subject area, will produce five acres per 1,000 population to be devoted to neighborhood or community park facilities. This limit has been determined in accordance with Section 66477(a)(2) of the Government Code. The planning director may reestablish such factors annually.
Fs = 0.01475 relating to single-family dwelling units (2.95 persons/dwelling)
Fm = 0.0101 relating to small-family dwelling units (2.03 persons/dwelling)
Fa = 0.0077 relating to multiple-family dwelling units (1.54 persons/dwelling)
Fmh = 0.0086 relating to mobile home dwelling units (1.72 persons/dwelling)
Fars = 0.01 relating to age-restricted single-family dwelling units (2.0 person/dwelling)
Fara = 0.0052 relating to age-restricted multifamily residential units (1.04 persons/dwelling)
Fmu = 0.0051 relating to micro-unit dwelling units (1.02 persons/dwelling)
For purposes of determining the above-noted factors the following formulas are applied:
|
Population |
Household Size |
Dwelling Units/1,000 Population |
||
|
1,000 / |
2.95 persons |
= 339 |
||
|
Park acres/1,000 population |
Dwelling units/1,000 population |
Park acres/dwelling unit (factor) |
||
|
5 acres / |
339 |
= 0.01475 |
||
D. In small-family and multiple-family development projects 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 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 and such requirement shall not become final until the land or improvements are dedicated or fees in lieu thereof are paid by the subdivider to the satisfaction of the city. [Ord. 3-2023 § 3 (Exh. A); Ord. 2-2020 § 3 (Exh. A); Ord. 53-2004 § 1; Ord. 25-2003 § 3].
22.40.040 Calculation of in-lieu fees.
Where the city requires the payment of park in-lieu fees, the amount to be paid shall be a sum calculated according to the formula A x V = M, in which,
A = The amount of land required for dedication as determined by RCMC 22.40.035,
V = Fair market value per acre of the property to be subdivided, as established by an appraisal prepared in accordance with RCMC 22.40.045; and
M = The number of dollars to be paid in lieu of dedication of land. [Ord. 3-2023 § 3 (Exh. A); Ord. 53-2004 § 2; Ord. 25-2003 § 3].
22.40.045 Determination of fair market value.
A. For purposes of calculating the in-lieu fee under RCMC 22.40.040, the subdivider shall cause an appraisal of the property to be subdivided to be made. The appraisal shall be made at the subdivider’s expense by a person qualified as a certified general real estate appraiser (MAI) by the California Office of Real Estate Appraisers, and shall meet the standards specified in the uniform standards of professional appraisal practice. The fair market value shall be established as 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. Factors to be considered during the evaluation shall include the following:
1. Applicable project conditions of approval;
2. The general plan;
3. Zoning and density;
4. Property location;
5. Off-site improvements facilitating use of the property;
6. Site characteristics of the property;
7. Existing public improvements (e.g., existing streets, canals) which have the effect of reducing usable gross tentative map area;
8. Such other factors as the city council may establish by resolution.
B. The appraisal shall value the property as of a date no earlier than six weeks prior to the recording of the final map, or the payment of the fee, whichever occurs later, unless otherwise extended by the city and parks provider. The appraisal shall clearly state the fair market value (V) of the property, in dollars per gross acre. Three copies of the appraisal shall be delivered to the community development director, or their delegate, for distribution.
C. In the event the city’s community development director determines the appraisal is inaccurate, the city may cause a second appraisal to be made at its expense by an appraiser with the above-described qualifications, and the second appraisal shall be used for purposes of calculating the in-lieu fee. [Ord. 3-2023 § 3 (Exh. A); Ord. 53-2004 § 4].
22.40.050 Standards for final maps where tentative map approved prior to 1983.
When a final map is approved after January 1, 1983, in substantial compliance with a tentative map approved prior to January 1, 1983, the approval body or city council shall require dedication of land or payment of fees, or both, as a condition of approval of the final map using the current standards otherwise applicable to tentative maps after January 1, 1983. [Ord. 3-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
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 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 Rancho Cordova zoning code when more than 50 percent of the lots created exceed two gross acres each;
D. A tentative subdivision or tentative parcel map of existing multifamily residential units which are more than five 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 years old when no new dwelling units are added to said lot or parcel. [Ord. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 617 § 1, 1985; SCC 574 § 2, 1983].
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. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
22.40.065 Credit for privately owned facilities.
A. The city council may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned unit developments or residential townhouse units, or mobile home developments or special planning areas, as defined in the zoning code. Such credit shall be subtracted from the dedication or fees, or both; 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 written agreement or recorded covenants that the private areas be adequately maintained;
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 council.
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, golf courses, or open areas on the site in excess of 20,000 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, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each three 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 RCMC 22.40.035, and similar types of open space or recreational facilities. [Ord. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
22.40.070 Computation of credit.
The categories for credit described in RCMC 22.20.065 shall be given equal weight, each category not to exceed 20 percent of the total dedication or fee which may be required by the city council. The city 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 esthetic quality, arrangement or design; or
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. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
22.40.075 Access requirements.
All land offered for dedication for park and recreational purposes shall have access on at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that the public street access is unnecessary for the maintenance of the park area or use thereof by the residents. [Ord. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
22.40.080 Sale of dedicated land.
The subdivider or owner and the city council or the director of a local park and recreational district may, after dedication of the land and before construction of the first 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. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].
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 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 RCMC 22.40.035 or 22.40.045. 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 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 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 department of public works, 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 department of public works 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. 3-2023 § 3 (Exh. A); Ord. 25-2003 § 3; SCC 574 § 2, 1983].