Biggs Municipal Code Ch. 13.110 Dedications – in-Lieu Fees

This chapter is enacted pursuant to the authority granted by Government Code Sections 66418, 66477 and 66479 of the state of California. The park and recreational facilities for which dedication of land and/or payment of an in-lieu fee is required by this chapter are in accordance with the recreational element of the general plan of the city of Biggs, adopted by the city of Biggs on April 11, 1977.

(Ord. 410 § 3, 2017)

As a condition of approval of a final subdivision or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

(Ord. 410 § 3, 2017)

The provisions of this chapter shall apply to all subdivisions and divisions of land within the meaning of said phrases as used in the State Subdivision Map Act (California Government Code Section 66410 et seq.), except industrial subdivisions.

(Ord. 410 § 3, 2017)

It is hereby found and determined that the public interest, convenience, health, welfare and safety require that four acres of property, for each 1,000 persons residing within this city, be devoted to park and recreational purposes.

(Ord. 410 § 3, 2017)

(1) Population density for the purpose of this subsection shall be:

(a) Single-family dwellings, 3.5 persons per dwelling unit; and

(b) Multiple-family dwelling units, including duplexes, 2.5 persons per dwelling unit.

(2) The basis for determining the total number of dwellings or dwelling units shall be the number of such dwellings or dwelling units permitted by the city on the property included in the subdivision or land division at the time the final subdivision map or parcel map is filed with city for council approval.

(Ord. 410 § 3, 2017)

The amount of land required to be dedicated by a subdivider or divider of land pursuant to this chapter shall be based on the gross area included in the subdivision or division of land determined by the following formula:

DENSITY FORMULA

(Ord. 410 § 3, 2017)

(1) If 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 which would otherwise be required to be dedicated pursuant to BMC § 13.110.060. The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the following formula:

FEE FORMULA

(2) Fair market value shall be determined at of the time of filing the final subdivision map or parcel map in accordance with the following:

(a) The fair market value shall be determined by the city council based upon the price paid by the most recent purchaser of subject property or its valuation based upon an exchange, if said purchase or exchange occurred within two years of the date the final subdivision or parcel map is filed with the city for council approval.

(b) If subject property has not been purchased or exchanged within said two-year period, the fair market value shall be determined by the city council based on the higher of two appraisals obtained, the cost of which appraisals shall be paid by the subdivider or divider of land prior to the commencement thereof.

(c) Notwithstanding anything to the contrary stated in this chapter, city and subdivider or divider of land may agree as to the fair market value.

(Ord. 410 § 3, 2017)

Where open space for park and recreational purposes is to be provided in a proposed subdivision or land division and such space is to be privately owned and maintained by the future residents thereof, such areas may be credited against the amount of land dedication for park and recreation purposes, as set forth in BMC § 13.110.060, or the amount of fees in lieu thereof, as set forth in BMC § 13.110.070, provided the city council finds it is in the public interest to do so, and that the following standards are met:

(1) That yards, court areas, setbacks and other open areas required by city's zoning and building regulations shall not be included in the computation of such private open space; and

(2) That the use of the private open space is restricted for park and recreational purposes and said restriction together with the private ownership and maintenance thereof is adequately provided for by recorded written covenants, conditions and restrictions which run with the land in favor of the city and the owners of property within the subdivision or land division and which may not be cancelled, defeated, eliminated or revoked without the consent of the city council; and

(3) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location thereof; and

(4) That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan and are approved by the city council.

(Ord. 410 § 3, 2017)

(1) At the time of filing a tentative tract map or parcel map with city the subdivider or land divider shall state whether he wishes to dedicate land, pay fees in lieu thereof, or do a combination of both. If he wants to dedicate land for parks and recreational purposes he shall show the area he proposes for such dedication on the tentative tract or parcel map.

(2) At the time the tentative tract or parcel map is before the city council for action, it shall determine as a part of any approval of the map whether to require a dedication of land within the subdivision or land division, payment of a fee in lieu thereof or a combination of both. The location of any area required to be so dedicated shall be determined by the city council and its decision shall be final.

(3) If dedication is required it shall be offered to the city prior to the approval by the city council of the first final tract or parcel map for any or all of the property shown on the tentative tract or parcel map on which subject land is shown.

(4) If fees are required to be paid, they shall be deposited in full with the city prior to the approval by the city council of the first final tract or parcel map for any or all of the property shown on the tentative tract or parcel map on which subject land is shown.

(5) If the city council has decided to grant credit for any private open space in the computation of any land to be dedicated or fees to be paid as required by this chapter, the covenants, conditions and restrictions as required hereinabove for said private open space shall be approved by the city and recorded prior to the city council approving the first final tract or parcel map for any or all of the property shown on the tentative tract or parcel map on which subject land is located.

(6) Prior to the city council making its determination whether land should be dedicated or fees should be paid in lieu thereof or whether there should be combination of both, it shall consider the following factors:

(a) The recreational element of the city's general plan; and

(b) The topography, geology, access and location of the property available for dedication within the subdivision or land divisions.

(7) The determination by the city council as to whether land should be dedicated for park and recreational purposes, or whether a fee should be paid in lieu thereof, or a combination of both, shall be final.

(8) Notwithstanding anything to the contrary stated hereinabove, if any proposed subdivision or division of land involves 50 lots or less, only fees shall be required.

(9) Notwithstanding anything to the contrary stated hereinabove, if the proposed subdivision or division of land is for the design and improvement of a proposed mobile home park, only fees shall be required hereunder and the fees shall be equal to the product of the number of mobile home spaces in the park multiplied by $150.00.

(Ord. 410 § 3, 2017)

The development of park and recreational facilities for any subdivision or land division for which dedication or payment of fees is required under this chapter shall be made at the time the property within said subdivision or land division is developed to a degree that such facilities become necessary to serve the inhabitants of said subdivision or land division.

(Ord. 410 § 3, 2017)

The land and fees required to be dedicated and or paid under this chapter shall be used only for the purpose of providing park or recreational facilities to serve the subdivision or division of land within which said property has been dedicated and/or for which fees have been paid. The location of the dedicated land and the amount of fees required hereunder shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or land division.

(Ord. 410 § 3, 2017)