TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: NOVEMBER 15, 2005
SUBJECT: PARKLAND DEDICATION FEES FOR FINAL PARCEL MAP NO. 25896 (APPLICANT: WERTHEIMER)
Staff Coordinator: Ara Michael Mihranian, AICP, Senior Planner
Approve the acceptance of parkland dedication (Quimby) fees for Final Parcel Map No. 25896, pursuant to the City’s parkland dedication fee formula, in the amount of $9,146.66.
On July 6, 2005, the applicants, Dr. and Mrs. Stephen Wertheimer, submitted Final Parcel Map No. 25896 to the Planning, Building and Code Enforcement Department for approval. As part of the Conditions of Approval of the final map, the applicant must pay the parkland dedication (Quimby) fees prior to approval of the final map (see attached Condition No. 20 of P.C. Resolution No. 2000-42). Pursuant to the City’s Development Code, the parkland dedication fee shall be determined by the City Council.
SITE PROJECT AND DESCRIPTION
On November 28, 2000, the Planning Commission adopted P.C. Resolution No. 2000-42, approving Tentative Parcel Map No. 25896 to allow a division of land subject to conditions of approval. The approval allows a 65,699 square foot lot located at 3440 Via Campesina to be split into two lots (Lot 1 at 39,778 square feet and Lot 2 at 25,921 square feet). Since the subject lot is improved with a single-family residence, the newly created lot that is unimproved will be subject to the parkland dedication fee.
CODE CONSIDERATION AND ANALYSIS
Pursuant to Chapter 16.20.100 of the City’s Municipal Code (see attachment), as a condition of approval of a tentative tract 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 park and recreational purposes. However, only the payment of fees shall be required in subdivisions containing less than fifty parcels. Furthermore, if there is no park or recreational facility designated in the General 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 the land prescribed for dedication. Where a fee is required 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 that would otherwise be required to be dedicated. The fair market value of land at the time of filing the tentative parcel map shall be determined by the City Council using one of four alternative methods. These methods are:
Based on the above, the only method applicable in this case is Method No. 4 because the subject lot was not assessed within the last calendar year, the subject lot was not sold within the last five years, and comparable properties were not sold within the last year. As such, the applicant submitted a land appraisal, prepared by a member of the appraisal institute, that determines the value of the land at the time the tentative parcel map was filled with the City (November 2000). In order to calculate the land value in November 2000, the appraiser deducted the contributing value of the improvements from each of the comparables. According to the appraisal, the market value of the subject lot in November 2000 was determined to be $980,000.00 (see attached appraisal).
The per/acre value of the subject property was calculated by Staff to be $653,333.33. Based upon the current market value, the calculation for the Quimby park fee is as follows:
Market Value of the Subject Property (per acre) $653,333.33/acre
multiplied by: Parkland Dedication requirement 0.0140 acre per dwelling unit
multiplied by: Number of dwelling units: 1 dwelling units
As a result, Staff recommends that the total amount of $9,146.66 be paid in lieu of land dedication since Staff believes that the dedication of .0140 acres of land in this area is not feasible for the applicant or the City, and such a dedication would not serve any realistic recreational purpose in that the General Plan does not designate a park or recreational facility in whole or in part in this area. Furthermore, Section 16.20.100(G)(5) of the Municipal Code states that only payment of fees shall be required in subdivisions containing fifty (50) parcels or less.
Based upon the above discussion, Staff recommends that the City Council approve the parkland dedication (Quimby) fee of $9,146.66.
In addition to Staff’s recommendation, the following alternative is available to the City Council:
1. Identify any issues or concerns with the proposed calculations, provide Staff and/or applicant with directions in using an alternate method in determining the "fair market value", and continuing this item to a future agenda.
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement
ATTACHMENTS (the following attachments are not available electronically but can be viewed at City Hall):
Appraisal of Real Property (3440 Via Campesina)
Chapter 16.20.100 of the RPV Municipal Code
P.C. Resolution No. 2000-42