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ARTICLE 2. LAND DEDICATION AND PARK IN-LIEU FEES FOR SUBDIVISIONS
The ordinance sections codified in this Article are enacted pursuant to the authority granted by California Government Code Sections 66477 et seq. (also known as the Quimby Act), which authorizes a county to require the dedication of land for park or recreation facilities at a rate of three acres per one thousand residents, or payment of fees in-lieu thereof (or a combination of both), incident to and as a condition of approval for a tentative map or parcel map. The purpose of the dedication of land and/or payment of the in-lieu fee is to ensure that each new residential unit within a Subdivision in the unincorporated County bears the burden of its individual, incremental share of additional park and recreation facilities needed to accommodate the new development.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19)
As a condition of approval of any Subdivision tentative map or parcel map, the applicant shall dedicate land, pay fees in lieu thereof, or a combination of both, pursuant to the provisions of this Article for the purposes of developing new or rehabilitating existing park and recreational facilities to serve future residents of such Subdivision.
(a) For Subdivisions containing more than fifty (50) parcels, and condominium, stock cooperative or community apartment projects (as those terms are defined in the California Civil Code) exceeding fifty (50) dwelling units, notwithstanding that the total number of parcels may be less than fifty (50), the dedication of land, payment of a fee in lieu thereof, or a combination of both shall be required.
(b) For Subdivisions containing fifty (50) or fewer parcels, only the payment of Park In-Lieu Fees shall be required, unless the applicant offers to dedicate land in lieu of paying fees, in which event the Approving Body may elect to accept the land or require the payment of fees or a combination of both pursuant to Section 810.105.
(c) If after recordation of the final map, there is an increase in the number of dwelling units or a change in the dwelling unit type which increases the number of persons served by the Subdivision, the applicant shall be required to dedicate additional park land, pay park in-lieu fees, or a combination of both, as determined by the Director.
(d) Nothing in this Chapter shall be construed as to relieve the applicant from providing useable open space as defined and required by the Zoning Ordinance or by the provision of variance or permits granted pursuant to the Zoning Ordinance, nor shall any provisions of this Chapter be construed to require the County to accept land for park purposes which is determined by the Director to be unsuitable for park and recreation purposes.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19; amended by Ord. No. 10590 (N.S.), effective 3-1-19; repealed and replaced by Ord. No. 10649 (N.S.), effective 2-28-20)
The following projects shall be exempt from the park land dedication and Park In-Lieu Fee requirements of this Chapter:
(a) Developments that do not require the subdivision of land;
(b) Subdivisions that do not include any residential uses; and
(c) Condominium projects or stock cooperatives which consist of the Subdivision of air-space in an existing apartment building which is more than five (5) years old and where no new dwelling units are added.
(d) Accessory dwelling units permitted prior to January 1, 2024 and constructed pursuant to the provisions of the Zoning Ordinance on established lots with an existing single-family residence.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19; amended by Ord. No. 10649 (N.S.), effective 2-28-20)
(a) Dedication of park land is more preferred than the payment of Park In-Lieu Fees. Whether the County accepts land dedication or elects to require payment of the Park In-Lieu Fee, or a combination of both, shall be determined by consideration of the following:
(1) Compatibility of land dedication with the Conservation and Open Space Element of the General Plan, Live Well San Diego Strategic Initiatives and any applicable Community Plan, Subregional Plan, Park Master Plan and/or Specific Plan;
(2) The topography, geology, soils, soil stability, drainage, access, location and general utility of the land proposed for park land dedication;
(3) The size and shape of the land proposed for dedication;
(4) The amount, usability, and location of publicly owned property available for combination with dedicated park lands;
(5) Additional recreation facilities available to future residents of the Subdivision in the form of private parks;
(6) The location of existing and planned parks, recreational facilities, trails, and pathways, including those in neighboring jurisdictions that may be available to future residents of the Subdivision;
(7) The proximity of homes to proposed park land in Subdivisions with village densities, pursuant to the General Plan, should be within one-half (1/2) mile walking distance to all dwelling units or lots;
(8) Form of ownership and financing mechanism for operation and maintenance of land proposed for dedication;
(9) Suitability of the site for visibility, supervision, and maintenance;
(10) Conformance with the Department of Parks and Recreation Park Design Manual; and
(11) Recommendations of the applicable Community Planning or Sponsor Group and the Director.
(b) Grading, drainage, utility and infrastructure improvements may be required for the County to accept land to be dedicated for a public park, in addition to grading, drainage improvements, irrigation and planting required pursuant to Title 8, Division 7 of the Code of Regulatory Ordinances or other authority. The Parks and Recreation Department shall review and approve grading and improvement plans for parcels to be dedicated for public park purposes pursuant to this Chapter, and shall review grading and improvement plans for lots adjacent to such parcels in the Development. The applicant or developer is required to construct the same off-site street improvements and utilities to serve the dedicated park that are required pursuant to the improvement plans for the parcels within the Subdivision. Such improvements and utilities may include curbs, gutters, street paving, traffic-control devices, street trees and landscaping, sidewalks, and pathways, water, sewer, and electric. The off-site street improvements and utilities shall be constructed at the time improvements are constructed for the areas surrounding the park in the development. The improvements required pursuant to this subsection shall not be eligible for credit against the amount of land dedicated or the Park In-Lieu Fee paid. Stormwater facilities improved with PLDO Eligible Recreational Uses may receive fifty percent (50%) credit and combined shall not to exceed ten percent (10%) of the total PLDO requirement, as approved by the Director of Parks and Recreation.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19)
(a) The amount of land to be dedicated, or Park In-Lieu Fee to be paid, shall be based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household within the Local Park Planning Area boundaries set forth in the occupancy densities on file with the Department of Parks and Recreation. Occupancy densities are derived from federal census data of average persons per dwelling unit and are adjusted every five years starting January 2019. The formula for determining the required Park acreage to be dedicated per lot or dwelling unit shall be as follows:
The occupancy density for the specific dwelling unit(s) in the Subdivision; multiplied by the three acre park land dedication standard; divided by one thousand (1,000) population.
Example: If the occupant density for single family homes within a certain Local Park Planning Area is 2.85 residents, and the parkland dedication standard is three acres per one thousand (1,000) residents, for one single family detached unit, the required park acreage would therefore be (2.85 residents per dwelling unit x 3.0 acres) ÷ 1,000 residents = .00855 acres per dwelling unit.
(b) In the event that a subdivider provides park and recreational improvements to dedicated land that provides PLDO Eligible Recreational Uses, credit shall be granted against the payment of fees required for the actual value of improvements as verified by Parks and Recreation staff, provided such credit does not exceed the value of improvements normally authorized by the County for similar parks.
(c) Private usable open space as defined and required by the Zoning Ordinance; improvements described in Section 810.105(b) of this Chapter; trails and pathways dedicated pursuant to County Trails Program; environmental mitigation areas or open space dedicated pursuant to Resource Protection Ordinance, Biological Mitigation Ordinance or local, state, or federal laws; other open areas that preclude PLDO Eligible Recreational Uses; and yards, court areas, setbacks, landscape areas, and other open areas required to be maintained by the Zoning Ordinance, Building Code, or other ordinances and regulations shall not be eligible for credit against the amount of land dedicated or the Park In-Lieu Fee paid.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19)
(a) If land is to be dedicated, whether within or outside the subdivision, approval of the tentative map shall be subject to the following condition:
(1) Fee title to the land shall be conveyed by grant deed to the County, other governmental agency or other entity responsible for operation and maintenance of parks and recreation facilities, as approved by the County, that is free and clear of all encumbrances, including utility easements and underlying drainage systems, except those which, in County's opinion, will not interfere with the use of land for park and recreational purposes and which the Department of Parks and Recreation agrees to accept, as evidenced by a Phase I and/or II Environmental Site Assessment and a California Land Title Association policy provided by the applicant or developer and subject to approval of the Director. The applicant shall convey fee title to the County prior to approval of the final map and the grant deed shall be recorded immediately following the recordation of the final map. The applicant shall provide all fees and instruments required to convey fee title to the land plus title insurance in favor of the County; or
(2) Enter into a secured Park Acquisition and Improvement Agreement pursuant to Section 810.119 of this Chapter.
(b) If Park In-Lieu Fees are to be paid, such fees shall be collected on a per dwelling unit basis prior to the issuance of a building permit or such other permit for development required to authorize the construction or installation of a dwelling. The applicant shall pay the fees prescribed in this Article or shall present a written statement from the Director of Parks and Recreation certifying that the requirements of this Article have been satisfied with respect to the development for which permits are sought. The obligation to pay Park In-Lieu Fees shall be noted on both the tentative map and the final map.
(c) Notwithstanding the provisions of this Subsection to the contrary, the payment of Park In-Lieu Fees in connection with residential Subdivisions may be deferred and paid prior to or at the time of scheduling a final building inspection, if the applicant executes an agreement with the County for a fee deferral. Applicants choosing to execute an agreement with the County for a fee deferral, shall pay the PLDO fee amount in effect at the time of PLDO fee payment. In the event the County, for any reason, fails to collect any or all PLDO fees prior to final inspection, such fees shall remain the obligation of the applicant and/or the property owner.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19; amended by Ord. No. 10649 (N.S.), effective 2-28-20; amended by Ord. No. 10705 (N.S.), effective 1-8-21)
(a) The Director may grant up to fifty percent (50%) credit for land dedication or park in-lieu fees payment for private parks not to exceed fifty percent (50%) of the total land dedication or Park In-Lieu Fee payment requirement if all of the following standards either have been or will be met prior to approval of the final parcel map:
(1) Evidence is provided that ownership and maintenance of the private park will be adequately provided for in perpetuity by recorded written agreement, covenants or restrictions, and any such document or amendments thereto shall be subject to review and approval by the Director prior to adoption;
(2) That the use of the private park is restricted for park and recreational purposes by an open space easement or other instrument approved by County Counsel which cannot be defeated or eliminated without consent of the Director;
(3) That the proposed private area is suitable for PLDO Eligible Recreational Uses, taking into consideration such factors as size, shape, topography, geology, access and location;
(4) That any facilities proposed: (1) are in substantial conformance with the Conservation and Open Space Element of the General Plan, or adopted community, subregional or specific plans, (2) are appropriate to the recreational needs of the future residents of the development as determined by the Director, and (3) will substitute for the park lands otherwise required to be dedicated in meeting the recreation needs of the residents; and
(5) That the design of the proposed private park is governed by a site plan or major use permit issued pursuant to the provisions of the Zoning Ordinance.
(b) Private usable open space as defined and required by the Zoning Ordinance; improvements described in Sections 810.105(b) of this Chapter; trails and pathways dedicated pursuant to County Trails Program; environmental mitigation areas or open space dedicated pursuant to Resource Protection Ordinance, Biological Mitigation Ordinance or local, state, or federal laws; other open areas that preclude park and recreational activities; and yards, court areas, setbacks, landscape areas, and other open areas required to be maintained by the Zoning Ordinance, Building Code, and other ordinances and regulations, shall not be granted acreage credit for private park areas unless otherwise approved by the Director or Approving Body.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19)
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