Kern County Municipal Code Ch. 18.98 Park Land Dedication, Bear Mountain Recreation and Park District

The definitions contained in this section apply to this chapter:

A. "District" means the Bear Mountain recreation and park district, a local public agency separate and distinct from the county of Kern.

B. All other words and phrases shall have the meanings set forth in the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 18 of the Kern County Ordinance Code.

(Ord. G-6533 § 3 (part), 1998)

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The park and recreational facilities for which dedication of land and/or payment of fee is required by this chapter are in accordance with the Kern County general plan, the recreation element of the general plan and the master park and recreation plan of the district.

(Ord. G-6533 § 3 (part), 1998)

As a condition of approval of a tentative subdivision map or residential parcel map within the jurisdiction of the district, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, as set forth in this chapter, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

(Ord. G-6533 § 3 (part), 1998)

A. If the dedication of land is required, the amount of land to be provided shall be determined pursuant to the following standards and formula:

B. Unless there is evidence to the contrary, federal census tract averages for the district will be used for determining the average number of persons per dwelling unit. Separate standards for single-family and multiple-family zoned land divisions may be used.

C. Prior to recordation of a single-family zoned subdivision map or residential parcel map or prior to obtaining a building permit for multiple-family zoned residential subdivision or parcel maps, land dedication shall be calculated based on the existing zoning. When the number of dwelling units/lots are shown, land dedication will be based on the actual density proposed.

(Ord. G-6533 § 3 (part), 1998)

A. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be calculated using the following formula:

* Determined from latest census data

Determination of Fair Market Value. A determination of fair market value as of the time prior to approval of the proposed land division shall be based on comparable sales data from the area being subdivided and shall be as accepted by the district. In the event that the subdivider and the district cannot agree to the fair market value of the property being subdivided, the fair market value shall be determined by a licensed real estate appraiser approved by both the subdivider and the district, and at the expense of the subdivider.

B. Later modifications would be subject to fee adjustments as outlined in the applicable portions of this title.

C. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less or for a condominium project, stock cooperative, or community apartment project containing fifty (50) or fewer dwelling units.

Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) or fewer lots, or condominium projects, stock cooperatives or community apartment projects containing fifty (50) or fewer dwelling units, where the subdivider proposes each dedication voluntarily and the land otherwise meets the requirements of this chapter.

(Ord. G-6533 § 3 (part), 1998)

In a tract of over fifty (50) lots or in a condominium project, stock cooperative or community apartment project with over fifty (50) dwelling units, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

A. When only a portion of the land to be subdivided is proposed in the district master park and recreation plan as the site for a local park, such portion shall be dedicated for local park purposes, and a fee, computed pursuant to the provisions of Section 18.98.050, shall be paid for the value of any additional land that would have been required pursuant to Section 18.98.040.

B. When a major part of the local park or recreational site has already been acquired by the district, and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee, computed according to Section 18.98.050, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated.

(Ord. G-6533 § 3 (part), 1998)

Where private area for park and recreation purposes is provided in a development, and such area is for active recreational use and is to be privately owned and maintained by the future owner(s) of the development, such area may be credited against up to fifty percent (50%) of the requirement of land dedication or fees payment, if the district determines that it is in the public interest to do so, and that all of the following standards either have been or will be met prior to the approval of the final map:

A. That yards, court areas, setbacks, and other open spaces, required to be maintained by the zoning ordinance and the building code and other regulations, shall not be included in the computation of such private areas; and

B. Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and

C. That the use of the private area is restricted for park and recreational purposes by an open space easement or other acceptable instrument; and

D. That the proposed private area is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E. That the facilities proposed: (1) are consistent with the plans of the district master park and recreation plan, (2) are appropriate to the recreation needs of the future residents of the development, and (3) will substitute for the park lands otherwise required to be dedicated in meeting the recreation needs of the residents.

Planned developments, real estate developments, stock cooperatives and community apartment projects, as defined in Sections 11003, 11003.2, 11003.4, and 11004, respectively, of the California Business and Professions Code, and condominium projects as defined in Section 783 of the California Civil Code shall be eligible to receive a credit as determined by the district and county against the amount of land and development required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is for active recreational uses.

(Ord. G-6533 § 3 (part), 1998)

If the subdivider within the district provides park or recreational improvements to the park site required by Section 18.98.040, the value of such improvements together with any equipment thereon shall be a credit, as determined by the district, against the payment of fees or dedication of land required by this chapter.

(Ord. G-6533 § 3 (part), 1998)

A. At the time of filing of the tentative tract map or tentative parcel map, a subdivider shall, as part of such filing, indicate whether he desires to dedicate land for park and recreational purposes or to pay a fee in lieu thereof, or a combination of both. If he desires to dedicate land for park and recreational purposes, he shall designate the area thereof on the tentative tract or tentative parcel map which is submitted and coordinate with the county and district as to the appropriate location and size of the area proposed to be dedicated. The county and district shall jointly determine, prior to the time the county approves a subdivider's tentative tract map, or tentative parcel map, whether land is to be dedicated or in lieu fees are to be paid by the subdivider or any combination of land and fees.

The recommendation and action of the county and the district shall include the following:

1. That land is required; or

2. That a fee be charged in lieu of land; or

3. That land and a fee be required; and/or

4. That a stated amount of credit be given.

B. Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The Kern County general plan and local park district master plan;

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

3. Size and shape of the subdivision/parcel and land proposed for dedication;

4. Feasibility of dedication;

5. Availability of previously acquired park property;

6. Population density of the project; and

7. Suitability of the site for park needs.

The joint determination by the county and district as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final.

C. When the payment of fees is required, the fees shall be calculated by the district and paid as follows:

1. Single-Family Zoned Land Division. Payment shall be made to the engineering and survey services department prior to or concurrent with the recordation of the final tract or parcel.

2. Multiple-Family Zoned Land Division. A condition shall be placed on the tentative approval of all tract and parcel maps requiring payment prior to the issuance of any building permits on any of the lots/parcels within the land division.

D. When the dedication of land is required in lieu of the payment of fees, such land shall be deeded to the district in the following manner:

1. Single-Family Zoned Land Division. Dedication shall be made prior to or concurrent with the recordation of the final tract or parcel map.

2. Multiple-Family Zoned Land Division. Dedication shall be made prior to the issuance of building permits for any of the lots/parcels within the land division.

(Ord. G-7629 § 133, 2007; Ord. G-6533 § 3 (part), 1998)

A. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and/or the provisions of Title 18 of the Kern County Ordinance Code. Real property dedicated under the provisions of this article shall be conveyed by grant deed in fee simple to the district by the subdivider free and clear of all encumbrances except those which will not interfere with use of the property for park and recreation purposes and which the district agrees to accept.

B. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the county and district jointly deem that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money shall be committed within five (5) years after payment or upon issuance of building permits on fifty percent (50%) of the subdivision lots, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision. Such a distribution shall include all interest accrued to the collected fees from the date of collection.

(Ord. G-6533 § 3 (part), 1998)

At the time of recordation of the final tract map or parcel map, for single-family zoned land division or upon obtaining a building permit for multiple-family zoned land division, the district shall have adopted a schedule specifying how, when, and where it will use the fees to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Land donations should be accepted by the district prior to the recordation of subdivision or parcel maps and would thus designate the use of the required dedication.

(Ord. G-6533 § 3 (part), 1998)

The provisions of this chapter do not apply to commercial or industrial subdivisions, 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.

(Ord. G-6533 § 3 (part), 1998)