(A) Whether the conditions of approval for a land division shall require the dedication of land, the payment of fees, or both, shall be based on the following:
1. The natural features of the area; topography; geology; available access; the location; size and shape of the subdivision; the land available for dedication; the feasibility of dedication; the location of existing and proposed park sites and trailways; suitability for patrol, supervision and maintenance; and the compatibility of dedication with the City’s general plan and other plans pertaining to parks and recreation adopted by the City or the District.
2. For subdivisions containing fifty (50) parcels or less, only the payment of fees may be required, however, nothing in this section shall prevent the city or the district from accepting the voluntary dedication of land by a subdivider for a subdivision containing less than fifty (50) parcels if the dedication meets the other requirements of this chapter.
3. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.
(B) The average number of persons per unit (density) for calculating the amount of land to be dedicated or the amount of fee to be paid, or a combination of both, shall be calculated by the most recent available federal census data.
(C) The amount of land to be dedicated shall be based on the number of units in the subdivision multiplied by the number of persons per dwelling (as determined pursuant to subsection (B) of this section) multiplied by five (5) acres per one thousand (1,000) city inhabitants (section 66477 of the subdivision map act):
1. Whenever land is dedicated, the subdivider shall, without credit, provide the following for the benefit of the land dedicated:
(a) Completion of street improvements and utility connections including, but not limited to, street paving, curbs, gutters, sidewalks, and any required relocation of existing public utility facilities, traffic control devices, street trees, to the dedicated land;
(b) Fencing, if required, along the property lines of the subdivision which are contiguous to the park;
(c) Provision of minimal physical improvements, not including recreational facilities, building, or equipment, which the City determines necessary for acceptance of the land for park and recreational purposes;
(d) Provision of access from the park and/or recreational facilities to an existing or proposed public street, unless the City determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the area;
(e) Improvements of water, sewer, grading and drainage in addition to those grading, drainage, irrigation and planting improvements required under other City ordinances, resolutions, or development standards. All land to be dedicated and improvements to be made shall be approved by the City as part of the conditions of approval of any subdivision;
(f) All grading plans for land to be dedicated shall be reviewed and approved by the City Engineer for conformance with the City’s development standards, resolutions, and ordinances. No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this chapter.
(D) In the case where a subdivider is to pay an in-lieu fee, that fee shall be calculated as follows:
1. The amount of land to be dedicated, as computed in subsection (C) of this section shall be multiplied by the fair market value (as set forth in subsection (D)3 of this section). The resultant figure will equate to the in-lieu fee to be paid.
2. Whenever a fee is to be paid in lieu of the dedication of land, the following provisions of subsection below shall apply.
3. The per acre fair market value of the land within the subdivision which would otherwise be required to be dedicated shall be based on the zoning of the property contemplated under the development of highest and best use proposed. The fair market value shall be determined and agreed to by the City or the District, whichever may apply, and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of the property. If the City or the District does not accept the subdivider’s appraisal, the fair market value shall be determined by the City or District after consultation with the Kern County assessor’s office.
4. The subdivider may receive a credit against the payment of fees or the dedication of land as follows:
(a) Common interest developments, as defined in section 1351 of the Civil Code, shall be eligible to receive a credit, as determined by the Board, against the amount of land required to be dedicated or the amount of the fee imposed, pursuant to this chapter, for the value of private open space within the development which is usable for active recreational uses.
(b) A credit may be given against the requirement for the payment of fees or the dedication of land required by this chapter for the reasonable value of park and recreation improvements, including any equipment, provided by the subdivider to the dedicated land. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map. The granting of a credit shall be made by the City or the District, whichever may apply, and shall be based on an approved set of improvement plans. However, the City or District reserves the right to require in-lieu fees if it finds the improvements unacceptable.
(c) A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, to be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to fifty percent (50%) of the requirement of land dedication or fees at the discretion of the City or the District, whichever may apply; provided, that the City or District determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:
(1) That yards, court areas, setbacks, and other open space areas, as may be required by title VI (zoning regulations) of this code, the building code and other regulations, shall not be included in the computation of such private areas;
(2) Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions;
(3) That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and
(4) That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
(5) “Active recreational uses” means, for the purposes of this chapter, recreation facilities occurring on usable level land (four percent (4%) maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children’s play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks. Credits for areas within watercourses or drainage areas may be granted only if:
A. Such areas are suitable for active recreational use;
B. Such areas will actually be used for active recreation; and
C. The proposed type of active recreational use to be located within such areas is allowed or otherwise permitted by the City’s general plan or other plan adopted by the City or District for parks and recreational facilities.
(6) Notwithstanding the fifty percent (50%) limitation as set forth above, a private open space credit in excess of fifty percent (50%) of the requirement of land dedication or fees payment may be granted by the City or District, whichever may apply, provided that the proposed recreational use is cited in the City’s general plan or other plan adopted by the City or District for parks and recreational facilities. (Ord. 839-20, 10-20-2020)