§ 25-58. Park land dedication.

(a)

Requirements.

(1)

At the time of approval of the tentative map, the advisory agency shall determine the land required for dedication or in lieu fee payment. As a condition of approval of a final or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the advisory agency, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained herein. In the event park and recreational services are provided by a public agency other than the county, the amount and location of land to be dedicated or fees to be paid shall be determined by the county after consultation with such public agency.

(2)

Notwithstanding the requirements set forth in the first paragraph of this subsection (a), the board of supervisors may, with respect to any particular subdivision, waive the dedication or fee requirements imposed by this section if it finds that there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the board, would benefit the county and thereby justify approval of the subdivision without receipt of the dedication or fee otherwise required.

(b)

General Standard. It is hereby found and determined that the amount of existing recreational and community park area exceeds five acres of property for each one thousand (1,000) persons residing within this county. Therefore, in accordance with Government Code Section 66477, each subdivider shall dedicate land or pay an in-lieu fee, in order to provide five (5) acres of park area per one thousand (1,000) persons residing in the proposed subdivision.

(c)

Formula for Dedication of Land. Where a park or recreation facility has been designated in the county of Sonoma general plan or applicable specific plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

Average No. of Persons/Unit -	1,000 population	= minimum acreage dedication
	park acreage standard of 5 acres

 

(Example for single-family dwelling unit (DU):

3.6 - 1,000 / 5 = 0.180 acres/DU

The following table of population density is hereby established pursuant to Section 66477(b) of the Government Code:

Park Land Dedication Formula Table

Types of Dwellings	Average Density/DU	Acreage/DU (5 ac. std.)
Single-Family	2.80	.0140
Multi-Family Medium-Low	2.24	.0112
Multi-Family Medium-High	2.17	.01085
Apartments, Second Units	1.90	.0095

 

 

Dedication of the land shall be made in accordance with the procedures contained in subsection (j).

For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.

The subdivider shall, without credit: 1) provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; 2) provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; 3) provide improved drainage through the site; and 4) provide other minimal improvements which the advisory agency determines to be essential to the acceptance of the land for recreational purposes.

(d)

Formula for Fees in Lieu of Land Dedication.

(1)

General Formula. If there is no park or recreation facility designated in the Sonoma County general plan or applicable specific plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus 20% toward costs of off-site improvements, prescribed for dedication in subsection (c) and in an amount determined in accordance with the provisions of subsection (t), such fee to be used for a local park in accordance with the provisions of subsection (k). For the purposes of this article, off-site improvements are defined as those improvements which would have been required if land had been dedicated using the provisions of subsection (c).

(2)

Fees in Lieu of Land; fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty percent (20%) toward costs of off-site improvements, for the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in subsection (c) and in an amount determined in accordance with the provisions of subsection (f). However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the county.

(3)

Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision as provided in subsection (k).

(e)

Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

(1)

When only a portion of the land to be subdivided is proposed in the Sonoma County General Plan or applicable Specific Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of subsection (f) shall be paid for the value of any additional land, plus 20% toward costs of off-site improvements, that would have been required to be dedicated pursuant to subsection (c).

(2)

When a major part of the local park or recreation site has already been acquired by the County and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provision of subsection (f) shall be paid in an amount equal to the value of the land, plus 20% toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to subsection (f), such fees to be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision as provided in subsection (k).

(f)

Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to subsection (c), plus 20% toward costs of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula:

DUs	×	Pop	×	5 acres	×	FMV	= subtotal × 6/5 in lieu fee = in lieu fee
		DU		1,000 people		Buildable acre

 

where

DUs = Number of dwelling units as defined in subsection (c)

Pop. / DU = population per dwelling unit

FMV = fair market value, as determined by subsection (g)

Buildable acre = a typical acre of the subdivision, with a slope less than 10%, and located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

Fees to be collected pursuant to this section shall be approved by the advisory agency.

(g)

Determination of Fair Market Value. The fair market value shall be determined by the County with a written appraisal report prepared and signed by an appraiser acceptable to the County. The cost of the appraisal shall be borne by the subdivider. The appraisal shall be made immediately prior to the filing of the parcel map or final map. The subdivider shall notify the County of the expected filing date at least six (6) weeks prior to filing of the parcel map or final map. If more than one (1) year elapses prior to filing the final map, the County will prepare a new appraisal and will bill the subdivider for the costs of the reappraisal. Such bill must be paid prior to filing the final map. For purposes of this article, the determination of the fair market value of buildable acre, as defined in subsection 9(f) shall consider, but not necessarily be limited to, the following:

(1)

approval of and conditions of the tentative subdivision map

(2)

the general plan

(3)

zoning

(4)

property location

(5)

off-site improvements facilitating use of the property

(6)

site characteristics of the property

If the subdivider objects to the determined fair market value, he/she may appeal to the advisory agency having original jurisdiction over the map. The burden of proof shall lie with the subdivider to demonstrate that the value of the property exceeds that value fixed by the appraisal.

(h)

Determination of Land or Fee. Whether the advisory agency 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:

(1)

The natural features, access, and location of land in the subdivision available for dedication;

(2)

The size and shape of the subdivision and land available for dedication;

(3)

The feasibility of dedication and operation of the site;

(4)

The compatibility of dedication with the Sonoma County General Plan or applicable Specific Plan; and

(5)

The location of existing and proposed park sites and trailways.

(i)

Credit for Private Open Space. Credit shall be given for private open space in the subdivision only as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development, real estate development, stock cooperative, community apartment project, or condominium as defined in sections 11003, 11003.1, 11003.2, 11003.4 and 11004 of the Business and Professions Code, and section 783 of the Civil Code, partial credit, not to exceed 50%, shall be given against the requirement of land dedication or payment of fees in lieu thereof if the advisory agency finds that it is in the public interest to do so and that all of the following standards are met:

(1)

Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

(2)

Private park and recreation facilities shall be owned by a homeowners' association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of' a dissolution only by a 100% affirmative vote of the membership operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities;

(3)

Use of the private open space is restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the County or its successor; and

(4)

The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology access, and location; and

(5)

Facilities proposed for the open space are in substantial accordance with the provisions of the General Plan and applicable Specific Plan; and

(6)

The open space for which credit is given is generally a minimum of three acres and provides all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area

(i)

Recreational open spaces, which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, and have at lest one acre ofmaintained turf withiess than 5% slope.

(ii)

Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.

(iii)

Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include 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 3% of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

(iv)

Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

(j)

Procedure.

(1)

At the time of approval of the tentative map, the advisory agency shall determine pursuant to subsection (c) of this section, the land required for dedication. If the advisory agency, at its option, requires in-lieu fee payment by subdivider, the advisory agency will set the amount of land upon which the in-lieu fee will be based at the time of final or parcel map approval.

(2)

At the time of filing of the final or parcel map, the subdivider shall dedicate the land or pay the fees as required by the advisory agency as established at the time of tentative map approval; provided, however, that the advisory agency may defer payment of the fee to the building permit stage. If the payment is deferred, a note shall be placed on the final map indicating that a proportionate fee will have to be paid prior to the issuance of a building permit for each residential dwelling unit to be constructed on each of the lots created from the subject property. In-lieu fees will be established using current land values at the time of final or parcel map approval with the formula set forth in subsection (f) of this section. The advisory agency shall set the in-lieu fee based on the fair market value of the land as determined using the process set forth in subsection (g) of this section.

(3)

Open space covenants for private park or recreation facilities shall be submitted to the county prior to approval of the final or parcel map and shall be recorded contemporaneously with the final or parcel map.

(k)

Disposition of Fees.

(1)

Fees determined pursuant to subsection (f) of this section shall be paid to the county through the regional parks department and shall be deposited into one (1) of the regional park trust funds. A separate regional park trust fund or account shall be established for each of the regions designated on the map attached to the ordinance codified in this section as Exhibit "A" and incorporated herein by reference. Fees collected from subdivisions shall be deposited into the regional park trust fund covering the region in which the subdivision is located. Money in each such fund, including accrued interest, shall be expended solely for acquisition or development of park land within the boundaries of the respective region, the rehabilitation thereof, or improvements related thereto.

(2)

Collected fees shall be appropriated or paid for a specific regional park project in a budgetary year within five (5) years upon receipt of payment or within five (5) years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, these fees, less an administrative charge, 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 in the subdivision.

(3)

The director of the regional parks department shall report to the board of supervisors at least annually on the income, expenditures, and the status of each of the regional park trust funds.

(l)

Exemptions.

(1)

The provisions of this chapter do not apply to commercial or industrial subdivisions, nor do they apply to 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. Nonresidential subdivisions containing less than five (5) parcels shall be exempted from the requirements of this section; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is required for construction of a residential structure or structures on one (1) or more of the parcels the fee may be required to be paid by the owner of each residential parcel as a condition to the issuance of such permit.

(2)

Where land has been unconditionally offered for dedication and accepted or where a fee has been unconditionally paid pursuant to the provisions of a duly adopted specific plan which, by its terms, has established a comprehensive park land dedication and fee program, no dedication or fee shall be required pursuant to this section; provided, however, that this exemption shall not apply if the developer challenges, administratively or otherwise, the fee or dedication requirement established by the specific plan.

(m)

Subdivider Provided Park and Recreation Improvements. The value of public park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this ordinance. The advisory agency reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable. If the amount of the credit exceeds the value for the land which would otherwise be dedicated or the amount of the fees which would otherwise be paid, the subdivider shall not be entitled to use any portion of the credit to offset fees exacted for other than park purposes.

(n)

Agency to Accept Land and Fees. Land or fees required under this chapter shall be conveyed or paid directly to the Sonoma County regional parks department for disbursal to the area in which the proposed development will be located. The regional parks department shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.

(o)

Access. All land offered for dedication to local park or recreational purposes shall have access to at least one (1) existing or proposed public street. This requirement may be waived by the advisory agency if the agency determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(p)

Sale of Dedicated Land. If, during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the board of supervisors with the resultant funds being used for purchase of a more suitable site within the same regional park area.

(q)

Responsible Department. The regional parks department shall be the department responsible for the administration of this section. Disbursement of funds collected pursuant to this section shall not be made until approved by the board of supervisors.

(r)

Option to Pay Flat Fee.

(1)

Notwithstanding anything else contained in this section to the contrary, when a subdivider is required to pay a fee pursuant to this section, such subdivider may elect to pay a flat fee of three thousand six hundred seventy-eight dollars ($3,678.00) per residential unit in lieu of the fee otherwise due under this section. This flat fee is based on estimated cost of developing regional and community park facilities to service the county. Nothing in this subsection shall be construed to authorize the payment of a flat fee in those instances where the advisory agency is requiring a dedication of land.

(s)

Reimbursement for Supplemental Improvements. The advisory agency may require a subdivider to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements shall be dedicated to the public. In the event of the installation of such improvements, the county shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. Nothing set forth in this section shall prohibit the county from denying a subdivision where reimbursement funds are unavailable and the subdivider refuses to construct the improvements necessary to mitigate impacts of the proposed subdivision at his or her cost. The county may utilize any of the following methods to pay the costs of reimbursement:

(1)

Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use;

(2)

Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider;

(3)

Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited;

(4)

Establish and maintain mitigation fee accounts within a defined area or district for the purpose of the levy and collection of fees necessary to construct the improvements which are required to serve cumulative build-out of such area or district;

(5)

Establish and maintain benefit areas for drainage and sanitary sewer facilities or bridge and major thoroughfare improvements as anticipated by Government Code Sections 66483, 66484, 66488 and 66489.

( Ord. No. 6108, § II , 4-21-2015; Ord. No. 5835 § II, 2009; Ord. No. 5778 § 3, 2008; Ord. No. 5721 § 2, 2007; Ord. No. 5658 § 2, 2006; Ord. No. 5554 § 2, 2005; Ord. No. 5483 § 2, 2004; Ord. No. 5412 § 2, 2003; Ord. No. 5337 § 2, 2002; Ord. No. 5283 § 2, 2001; Ord. No. 5233 § 2, 2000; Ord. No. 5155 § 2, 1999; Ord. No. 5105 § 2, 1998; Ord. No. 5018 § 2, 1997; Ord. No. 4942 § 2, 1996; Ord. No. 4864 § 2, 1995; Ord. No. 4777 § 2, 1994; Ord. No. 4396 § 2, 1991; Ord. No. 4161 § 2, 1990; Ord. No. 3974, 1989; Ord. No. 3627, 1986; Ord. No. 3622, 1986.)