Big Bear Lake Municipal Code Ch. 16.18 Park and Recreation Dedication and Fees

A. Authority and Purpose. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California and shall be interpreted to be consistent with the provisions thereof. The park and recreational facilities for which payment of impact fees and/or dedication of land is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the general plan of the city any specific plan adopted thereto, and any other adopted resolution, policy or standard of the city.

B. Effect on Other Laws. With respect to the requirement of payment of impact fees or dedication of land for park and recreational purposes by any residential subdivider pursuant to this title, this chapter shall supersede all other ordinances or regulations of the city inconsistent herewith. The enactment of this chapter shall not supersede any other provisions or authority adopted by ordinances of the city council unless expressly stated in this chapter.

C. Exemptions. The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes; 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, an impact fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. The provisions of this section also shall not apply to commercial or industrial subdivisions; nor to condominium or stock cooperative projects 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.

(Ord. No. 2009-389, § 2, 5-11-2009)

The following definitions shall govern the meaning of words in this chapter, unless from the context in which the word is used, a different meaning is clearly intended:

A. "Park" means a parcel or contiguous parcels of land which is owned, operated and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working or visiting in the city. Parks may be classified as community parks, including community centers, athletic facilities, large multiuse swimming pools, picnic areas, cultural centers or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to open space areas suitable for active or passive uses.

B. "Park and recreational facilities" means any public improvements deemed necessary by the city to develop, improve or rehabilitate land and facilities for park and recreational purposes. Such improvements may include but not be limited to grading; landscaped areas for active and passive recreational use, open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings, swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by state law or approved by the city.

C. "Private open space" means that privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owners of the subdivision, which land and facilities can be credited against the dedication and payment requirements established in this chapter, when the following criteria are met:

1. That the private land meet a minimum size requirement of one-third-acre;

2. That the proposed private park land 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 park land;

3. That the following areas or subdivision design features shall not be eligible for private park credit; yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, greenbelts, meandering streams and circulation improvements such as bicycle, hiking, equestrian trails and detention/retention basins;

4. That the location of the land provide convenient access to housing and schools;

5. That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement, approved as to form by the city attorney; and

6. That the use of the private park land is perpetually restricted for park and recreational purposes, which restriction cannot be defeated or eliminated without the written consent of the city council and in no event without providing equivalent park and recreational space elsewhere in the subdivision.

D. "Fair market value" means the value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the county assessor, or at the option of the city based upon an appraisal by a qualified appraiser selected by city. In the event the subdivider disagrees with this fair market value determination, the subdivider may select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser. The three appraisers so selected shall conduct a fair market value analysis of the property and their determination shall be binding upon the city and the subdivider for the purposes of this chapter. All costs of appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. The fair market value shall be determined as of the time the final map or parcel map is filed. With regard to any park and recreation improvements or equipment provided by the subdivider, the fair market value shall be the actual and reasonable costs to acquire, construct or install the improvement or equipment.

(Ord. No. 2009-389, § 2, 5-11-2009)

A. General. If the park dedication is required under section 16.18.030, the park area required shall be determined in accordance with the standards provided in this section.

B. Standard Set By Resolution in Amount Not To Exceed Formula of Park Area to Population. The amount of park area required to be dedicated by a subdivider shall be as set forth by resolution of the city council, as such resolution may be amended from time to time, based upon the findings and determinations of the city that the amount of dedicated park land required by the resolution will serve the public interest, convenience, health, safety, and welfare of the residents of the city.

However, said resolution shall not require the dedication of land in excess of three acres of property for every 1,000 persons residing within the city to be devoted to local park and recreational purposes. Said ratio of .003 is hereafter referred to as the "maximum park area standard."

C. Dwelling Unit Occupancy Factor. Based upon the latest available census data, the dwelling unit occupancy factors shall be as follows: 2.336 for detached dwelling units, 2.165 for attached dwelling units, and 2.331 for mobile home dwelling units. These figures may be revised from time to time by resolution of the city council.

D. Computation of Maximum Area of Park That May Be Required To Be Dedicated. The maximum amount of park land the city may require for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by .003 (i.e. the ratio of the maximum park area standard of three acres per 1,000 population). This is represented as follows:

Area of park to be dedicated = (# of dwelling units) × (occupancy factor) × (.003)

The city council, by resolution may require a dedication of park land less than the maximum amount set forth above if the city finds that a smaller dedication will serve the public interest, convenience, health, safety and welfare of the residents of the city.

E. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall, in the city's opinion, meet the criteria specified in subsection 16.18.060 D.

(Ord. No. 2009-389, § 2, 5-11-2009)

When required by section 16.18.060, the subdivider shall pay to the city a fee in lieu of making such dedication. The fee shall be set by resolution of the city council, as said resolution may be amended from time to time, based upon the findings and determinations of the city that the amount of fees required by the resolution will serve the public interest, convenience, health, safety, and welfare of the residents of the city.

Notwithstanding the above, the maximum fee that the city may require a subdivider to pay to the city pursuant to this chapter shall be computed by multiplying the area of park to be dedicated under subsection 16.18.040 D. by the fair market value of the land being developed.

(Ord. No. 2009-389, § 2, 5-11-2009)

A. Impact Fee Generally Required. Where required by the city, or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the city, a specific plan, or other adopted resolution policy or standard of the city, the subdivider shall pay an impact fee computed in accordance with section 16.18.050 to be used for park and recreational purposes to serve the residents of the area being subdivided and other members of the public.

B. Dedication In Lieu Of Impact Fee. Where a park or recreational facility has been designated in the general plan of the city, a specific plan, or other adopted resolution policy or standard of the city, 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 and other members of the public, the city may require the subdivider to dedicate land for a park and provide recreational facilities thereon, in lieu of payment of an impact fee as provided in this chapter if the city determines that dedication and provision is desirable as provided in this section. If the fair market value of the park and recreational facilities provided is less than the dedication or in lieu fees otherwise required hereunder, the difference shall be paid by the subdivider as an impact fee.

C. Combination of Land and Fees. The city may accept a combination of land, recreational facilities and fees, with the respective amounts to be determined in the sole discretion of city, so long as the aggregate fair market value of the land and recreational facilities plus in lieu fees does not exceed the limits established in this chapter.

D. Determination of Land or Fee. Whether the city requires payment of an impact fee, or accepts land dedication in lieu thereof, or a combination of both, shall, in the city's sole discretion, be determined by consideration of the following:

1. The provisions of the city's general plan, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the city;

2. Topography, geology, access and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. The feasibility of dedication;

5. Access and location of other park sites to subdivision; and

6. Need of other accessible park sites for development, improvement and rehabilitation.

The determination of the city as to whether an impact fee shall be charged or land shall be dedicated, or a combination thereof, shall be final and conclusive.

E. Impact Fees for Subdivisions of 50 Parcels or Less. If the subdivision contains 50 parcels or less, only the payment of impact fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units, notwithstanding the fact that the number of parcels may be less than 50.

(Ord. No. 2009-389, § 2, 5-11-2009)

A. Public Parks. The subdivider shall receive a credit against the impact fee payment or park dedication requirement for the fair market value of any land dedicated and for the value of any park and recreation improvements provided by the subdivider in conjunction with any public park. The value of such improvements shall be determined by the city engineer.

B. Private Park. In conjunction with any planned development, real estate development, stock cooperative, community apartment or condominium, as defined by state law, if the subdivider provides private open space as defined in section 16.18.020, then the subdivider may receive a credit equal to the fair market value of the private open space against the park dedication requirement of this chapter, but such credit shall not exceed one-third of such impact fee payment or park dedication requirement. The actual amount of such credit shall be determined by the city based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational areas.

C. Application of Credit. The credits provided in this section shall be applied to reduce the subdivider's obligation to dedicate and/or pay an impact fee as required under this chapter, but only to the extent of such credit.

(Ord. No. 2009-389, § 2, 5-11-2009)

The amount and location of land to be dedicated or the impact fee to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or impact fees to be paid may be for both neighborhood and community parks. Impact fees paid by a subdivider pursuant to this chapter may be spent to develop, improve and rehabilitate community and neighborhood parks even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the parks and amount of the impact fees.

(Ord. No. 2009-389, § 2, 5-11-2009)

All park impact fees shall be paid directly to the city cashier upon the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs last, provided that the city may require payment on a pro rata basis for each dwelling or upon a percentage of dwelling when they have received final inspection or certificate of occupancy, whichever occurs last. Notwithstanding the foregoing, the city may require earlier payment of such fees if necessary to reimburse the city for previous expenditures or if the fees are collected for park and recreation improvements where the city has established an account, appropriated funds, and adopted a construction schedule or plan for the park and recreation improvements prior to final inspection or certification of occupancy. In the event of dedication, dedication shall be made at the time of recordation of the final map.

(Ord. No. 2009-389, § 2, 5-11-2009)

A. City Schedule. The community development director shall prepare and maintain a schedule specifying how, when and where land or impact fees, or both, which were dedicated to the city to develop park or recreational facilities will be used. Any impact fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If any fees are not so committed, they shall be distributed to subdivision owners in accordance with law.

B. Subdivider's Schedule. In the event that subdivider improves or develops parks for public or private ownership, the subdivider shall prepare a schedule specifying when, how and where such subdivider will develop the park or recreational facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.

(Ord. No. 2009-389, § 2, 5-11-2009)

A. Approval of Subdivision Map. Unless otherwise expressly provided in this chapter, any decision or action required by city in this chapter, shall be made after the duly noticed public hearing at the time of approval of the tentative tract map or parcel map, by the city planning commission. Such decision or action shall be made a condition of approval of the subdivision map.

B. Appeals. Any person may appeal a determination of the planning commission made pursuant to this chapter to the city council.

(Ord. No. 2009-389, § 2, 5-11-2009)