Tehachapi Municipal Code Ch. 17.42 Park and Recreation Land Dedication—payment of Fees

This section is enacted pursuant to the authority granted by the Subdivision Map Act of the state of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the general plan, the recreational element of the general plan, and any park plans adopted by any of the park districts in the city.

(Ord. 90-13-575 §1(part), 1990)

As a condition of approval of a final tract map, the subdivider shall dedicate land, pay a fee in lieu thereof, consistent with the provisions of Section 66000 et seq. of the California Government Code, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formulas contained in this chapter.

(Ord. 90-13-575 § 1(part), 1990)

It is found and determined that the public interest, convenience, health, welfare, and safety require that three acres of property for each one thousand persons residing within the city be devoted to local park and recreational purposes.

(Ord. 90-13-575 § 1(part), 1990)

A. Where a park or recreational facility has been designated in the general plan or adopted park plan of a park district 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 to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Average Number of Persons/DU × DU × 3 = Acreage

1,000

DU means residential dwelling unit.

Unless there is evidence to the contrary, federal census tract averages for the tract within which the proposed subdivision lines will be used for determining the average number of persons per dwelling unit. If insufficient data exists from census tract information, then an average of one person per bedroom will be assumed.

B. If the board of a park district and the city council has adopted a standard and/or formula that differs from this section, then that formula shall be used for determining the amount of land to be dedicated for local park purposes.

(Ord. 90-13-575 § 1(part), 1990)

A. General Formula. If there is no park or recreational facility designated in the general plan or district park 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 in Section 17.42.040 and in an amount determined in accordance with the provisions of Section 17.42.040, the fee to be used for a local park which will serve the residents of the area being subdivided.

B. Fees in Lieu of Land-Fifty or Fewer Lots or Dwelling Units. If the proposed subdivision contains fifty or fewer lots or if a condominium project, stock cooperative, or community apartment project contains fifty or fewer dwelling units, the subdivider shall pay a fee to the city equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section 17.42.040 and in an amount determined in accordance with the provisions of Section 17.42.040.

C. Use of Money. The money collected 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 city or appropriate park district deems 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 years after payment. 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.

(Ord. 90-13-575 § 1(part), 1990)

In a tract of over fifty lots or in a condominium project, stock cooperative, or community apartment project with over fifty 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 general plan or 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 17.42.040 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 17.42.040.

B. When a major part of the local park or recreational site has already been acquired by the city or park 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 17.42.040 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 17.42.040. The fee shall be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

(Ord. 90-13-575 § 1(part), 1990)

When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of the land being subdivided or the fair market value of the land which would otherwise be required to be dedicated according to Section 17.42.040.

The fair market value shall be as determined by the county assessor's office at the time of final tract map approval. If the subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

(Ord. 90-13-575 § 1(part), 1990)

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

A. The city's general plan or local park district master plan;

B. Topography, geology, access, and location of land in the subdivisions available for dedication;

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

D. Feasibility of dedication;

E. Availability of previously acquired park property; and

F. Population density of the project.

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

(Ord. 90-13-575 § 1(part), 1990)

If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.

Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 11003.1, 11003.4, and 11004, respectively, of the California Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the city council, against the amount of land 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 usable for active recreational uses.

(Ord. 90-13-575 § 1(part), 1990)

At the time of approval of the tentative tract map, the recreation and parks department or appropriate recreation district shall determine 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 recreation and parks district or appropriate recreation district shall include the following:

A. The amount of land required; or

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

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

D. That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

E. The location of the park land to be dedicated or use of in-lieu fees;

F. The approximate time when development of the park or recreation facility shall commence.

At the time of issuance of building permits, the subdivider shall pay the in lieu fee as determined by the city, consistent with the provisions of Section 66000 et seq. of the California Government Code.

Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final tract map and shall be recorded concurrently with the final tract map.

(Ord. 99-06-648 § 1, 1999; Ord. 90-13-575 § 1(part), 1990)

At the time of approval of the final tract map, the city or appropriate recreation district shall have adopted a schedule specifying how, when, and where it will use the land or fees or both to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.

(Ord. 90-13-575 § 1(part), 1990)

The provisions of this chapter do not apply to commercial or industrial subdivisions, condominium projects, or stock cooperatives which consist of subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. 90-13-575 § 1(part), 1990)