• 18.50.010 PURPOSE
• 18.50.020 GENERAL AUTHORITY
• 18.50.030 DEDICATION OF HIGHWAYS, STREETS, ALLEYS, OR OTHER PUBLIC RIGHTS-OF-WAY OR EASEMENTS
• 18.50.040 STREETS, ALLEYS, OR OTHER RIGHTS-OF-WAY NOT ACCEPTED FOR MAINTENANCE BY THE COUNTY OF KERN
• 18.50.050 BRIDGES AND MAJOR THOROUGHFARES
• 18.50.060 PLANNED DRAINAGE FACILITIES
• 18.50.070 RAILROAD AND GRADE CROSSINGS
• 18.50.080 PARK LAND DEDICATION
• 18.50.090 RESERVATIONS

18.50.010 PURPOSE

The purpose of this chapter is to establish and describe the dedications and reservations which may or shall be required as conditions of approval for subdivision maps. This chapter outlines the circumstances, procedures, and formulas which may apply to a subdivision map submitted for approval.

18.50.020 GENERAL AUTHORITY

A. The Board of Supervisors or the Planning Director shall have the authority to require dedication or offer of dedication to the public, to the County, the State of California, or any other governmental agency with respect to any easement or right-of-way required to be furnished under this chapter.

B. All parcels of land or lots shown on the final subdivision map as intended for public use shall be offered for dedication for public use at the time the final subdivision map is filed, except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants, and servants.

C. All streets, alleys, pedestrian ways, drainage channels, drainage sumps, parcels of land, easements, and other rights-of-way shown on the final subdivision map as intended for public use (except easements for those public utilities regulated by the Public Utilities Commission of the State of California and except those parcels, other than streets, which are intended and designated for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants, and servants) shall be offered for dedication for public use at the time the final subdivision map is filed, except that private streets and alleys, as approved on the tentative map, may be shown on the final subdivision map and may be reserved and used for private use when such facilities are improved to the standards in this title.

D. All rights of access to and from streets, lots, and parcels of land shown on the final subdivision map which are intended to be surrendered shall be offered for dedication at the time the final subdivision map is filed.

E. Future street reservations shall be provided when, in the opinion of the Board of Supervisors or the Planning Director, as appropriate, special conditions exist, which, if not considered early in the tentative map review process, may result in long-range problems of circulation, drainage, lot design, and other related planning matters in the implementation of the intent and purpose of the General Plan and its various elements.

F. All off-site dedications required as a condition of the subdivision map shall be made by separate instrument.

18.50.030 DEDICATION OF HIGHWAYS, STREETS, ALLEYS OR OTHER PUBLIC RIGHTS-OF-WAY OR EASEMENTS

A. As a condition of approval of a tentative tract or tentative parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land or lots within and/or outside the subdivision that are needed for streets and alleys, including access rights and drainage, scenic easements, public utility easements, and other public easements.

B. The County may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within or abutting the subdivision. The waiver shall become effective in accordance with its provisions and shall be contained in the owners statement of the final map.

C. The subdivider shall furnish to the County an offer of dedication for purposes of right-of-way for a major or secondary highway alignment, as provided in this section, if the Board of Supervisors or the Planning Director, as appropriate, finds that:

1. Traffic which may be generated by lots or parcels in the subdivision will, in reasonable probability, add substantially to the traffic on such highway;

2. Traffic on such highway, including traffic which may be generated by lots or parcels in the subdivision, will require a major or secondary highway, as the case may be, for the public safety and convenience; and

3. Such highway is consistent with the Circulation Element of the Kern County General Plan.

D. If a major (arterial) or secondary (collector) highway or local street alignment lies wholly within a subdivision, the subdivider shall furnish such offer of dedication and/or an easement for public access purposes, as appropriate, for:

1. One hundred and ten (110) feet in width, in the case of a major (arterial) highway alignment; ninety (90) feet in width, in the case of a secondary (collector) highway alignment; or sixty (60) feet in width, in the case of a local street alignment.

2. Specific plan line rights-of-way, in accordance with the applicable specific plan.

3. Official plan line rights-of-way, in accordance with the applicable official plan.

4. State highway rights-of-way, in accordance with requirements of the California Department of Transportation.

E. If a major (arterial) or secondary (collector) highway or local street alignment lies only partly within the subdivision, the subdivider shall furnish the offer of dedication of right-of-way for the portion of the alignment within the subdivision, in accordance with the Kern County Development Standards, but not more than the width shown in Section 18.50.030.D in any case.

F. If a major (arterial) or secondary (collector) highway or local street alignment lies outside a subdivision and is deemed necessary for access thereto, such dedications or offers of dedication shall be provided as required by the conditions of approval.

18.50.040 STREETS, ALLEYS OR OTHER RIGHTS-OF-WAY OR EASEMENTS NOT ACCEPTED FOR MAINTENANCE BY THE COUNTY OF KERN

A. No street, alley, or right-of-way easement for road or highway purposes, required or furnished under this chapter, including, but not limited to, any dedicated or offered for dedication to the public or to the County, shall become a County highway or be required to be maintained or improved by the County, until and unless the Board of Supervisors has officially accepted it into the County road system.

B. Nothing in this title and no approval of any parcel or waiver of a parcel map shall be construed as requiring the County to accept into the County road system, or otherwise to accept or maintain, any road or easement or right-of-way required or furnished under this chapter, including, but not limited to, any dedicated or offered for dedication to the public or to the County.

C. Except with respect to roads officially accepted into the County road system before the final parcel map is transmitted to the County Surveyor for certification, the map shall bear a statement that reads substantially as follows:

"Any road or easement or right-of-way for road or highway purposes shown or referred to on this map, including, but not limited to, any dedicated or offered for dedication to the public or to the County, is not a County highway and is not subject to maintenance or improvement by the County of Kern until and unless the County officially accepts the same into the County Road System, by resolution of the Board of Supervisors, excepting any expressly shown hereon as being a County highway."

D. Except with respect to those easements or rights-of-way for other than road or highway purposes officially accepted for maintenance by the County before the parcel map is transmitted to the County Surveyor for certification, the map shall bear a statement substantially as follows:

"Any easement or right-of-way shown or referred to on this map, including, but not limited to, any dedicated or offered for dedication to the public or the County, is not subject to maintenance or improvement by the County of Kern until and unless the County officially accepts the same for maintenance, by resolution of the Board of Supervisors, excepting any expressly shown hereon as being a County easement or right-of-way."

E. In conjunction with approval of the final map, the Board shall accept or reject any or all offers of dedication, dedications, or easements, or accept the same subject to improvement, which are contained in or accompany the final map.

18.50.050 BRIDGES AND MAJOR THOROUGHFARES

A. If a subdivision or any portion thereof lies within an area of benefit established in accordance with this section or any other ordinance of the County adopted pursuant to Section 66484 of the California Subdivision Map Act, the subdivider shall pay to the County the apportioned fees applicable to that portion of the subdivision lying within such area of benefit, in accordance with the requirements of Section 18.50.050.G.8 of this chapter, or shall furnish to the County a consideration in lieu of payment of such fees as approved by resolution of the Board of Supervisors. This paragraph shall not apply unless the Circulation Element of the General Plan has been adopted at least thirty (30) days prior to the filing of the tentative map for such subdivision.

B. The Board of Supervisors may allow any subdivider to furnish a consideration in lieu of payment of the fees mentioned in the preceding paragraph, if the Board finds that such consideration has a value not less than the fees that would otherwise be payable.

C. The form of consideration in lieu of fees may include, but shall not be limited to, any of the following or a combination thereof:

1. Construction of all or part of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

2. Dedication or conveyance of all or part of the site or right-of-way required for major construction of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

D. If the Board of Supervisors finds that the consideration in lieu of fees has a value in excess of the amount of fees that would otherwise be payable, the Board may enter into an agreement with the party furnishing such consideration for reimbursement of the amount of such excess from moneys, then in or which may later accrue to, the fund into which such party would have been required to pay fees but for such consideration in lieu of fees, and to reimburse such party from such fund in accordance with such agreement.

E. A subdivider shall be required to construct any necessary bridge facilities, parts thereof, or contribute to bridge facility costs if the Board of Supervisors finds that:

1. The subdivider's cost or contribution would not exceed the cost of a local facility in lieu of such bridges; or

2. A proceeding has been commenced for establishment of an area of benefit for such bridge project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such bridge would by reason of traffic, including, but not limited to, traffic which may be generated by such subdivision, constitute a hazard to public safety.

F. A subdivider shall be required to construct any necessary major thoroughfares, parts thereof, or contribute to major thoroughfare costs if the Board of Supervisors finds that:

1. The subdivider's cost or contribution would not exceed the cost of a local facility in lieu of such thoroughfare or part thereof; or

2. A proceeding has been commenced for establishment of an area of benefit for such major thoroughfare project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such major thoroughfare would by reason of traffic, including, but not confined to, that which may be generated by such subdivision, constitute a hazard to public safety.

G. An area of benefit as referred to in this section shall be established in the manner following:

1. A public hearing shall be held by the Board of Supervisors for each area of benefit to be established. Notice of such hearing shall be given pursuant to Section 65091 of the California Government Code. Such notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the bridge project or major thoroughfare project, as the case may be, the proposed allocation to the area of benefit, and the proposed method of fee apportionment. Such notice shall also state the date, time, and place of the public hearing, and that written protests may be filed as provided in this section.

2. Written protests may be filed with the Clerk of the Board by owners of property within the proposed area of benefit at any time prior to the date and time fixed for such public hearing. Any protest may be withdrawn by the owner of the land making the protest by a request in writing filed with the Clerk of the Board at any time prior to conclusion of such public hearing.

3. If there is a written protest by the owners of more than one-half (1/2) of the area of the property to be benefited by the improvement, not withdrawn prior to the conclusion of the hearing, against establishment of such area of benefit or against the proposed improvements or acquisitions, then the proceedings shall be abandoned, and the Board of Supervisors shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for establishment of an area of benefit for the same improvements or acquisitions.

4. If there is a written protest by the owners of more than one-half (1/2) of the area of the property to be benefited by the improvement, not withdrawn prior to the conclusion of the hearing, against only a portion of the proposed improvement or acquisition, then the proceedings shall be abandoned with respect to the proposed improvement or acquisition protested against, and the Board of Supervisors shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for the establishment of an area of benefit for the improvement or acquisition so protested against. Nothing in this paragraph shall be deemed to prohibit the Board, within such one- (1-) year period, from commencing or carrying on new proceedings for the establishment of an area of benefit for the part of the improvement or acquisition protested, if it finds, by the affirmative vote of at least four-fifths (4/5) of its members, that the owners of more than one-half (1/2) of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

5. At such public hearing, the Board of Supervisors shall determine whether to establish such area of benefit, and if so, shall adopt a resolution prescribing the boundaries of the area of benefit, stating the cost, whether actual or estimated, a fair method of allocation of costs to the area of benefit, and a fair apportionment of fees. A certified copy of such resolution shall be filed for record with the County Recorder.

6. In case of a requirement for any bridge, the Board of Supervisors shall find that, prior to said public hearing, the County has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan, which identifies railways, freeways, streams, or canyons for which bridge crossings are required, and that the bridge or each bridge for which such area of benefit is established is one necessary to satisfy such bridge crossing requirement in such element or provisions of the General Plan.

7. In case of a requirement for any major thoroughfare, the Board of Supervisors shall find that, prior to said public hearing, the County has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, and that the major thoroughfare or section thereof for which such area of benefit is established is one so identified in such circulation element.

8. The resolution adopted by the Board shall require that the apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of any final map or any parcel map or as a condition to issuing a building permit thereon, consistent with the provisions of Section 53077.5 of the California Government Code.

9. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such hearing.

10. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the Board of Supervisors shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.

11. In the case of major thoroughfares, the method of fee apportionment shall not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare.

12. In case of major thoroughfares, the payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of establishment of the zone of benefit.

13. In the case of a planned bridge facility, the payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area of benefit or is an addition to an existing bridge facility serving such area at the time of establishment of the zone of benefit. No fees contributed shall be expended to reimburse the cost of construction of any bridge existing at the time of establishment of the zone of benefit.

H. A planned bridge facility fund shall be established for a bridge project within an area of benefit, or if the area of benefit is one in which more than one (1) bridge is required to be constructed, a fund shall be established covering all such bridge projects. Fees paid pursuant to this section on account of a bridge or bridges within an area of benefit shall be deposited into the fund for such area.

I. A planned major thoroughfare fund shall be established for each planned major thoroughfare project and each particular area of benefit which it benefits. Fees paid pursuant to this section on account of a major thoroughfare project within an area of benefit shall be deposited into the fund for such area.

J. Moneys in each such fund shall be expended therefrom solely for the construction of the improvement project serving the area to be benefited as follows:

1. To reimburse the County for costs advanced or incurred by it for construction of such improvement project or any portion thereof; and

2. To reimburse any subdivider for the agreed portion of his costs of construction of such improvement project, or portion thereof, in accordance with a reimbursement agreement entered into with the County, as mentioned in Section 18.50.050.D.

In case there are insufficient moneys in such fund for all of the purposes mentioned in this section, such moneys in the fund shall be apportioned pro rata to each such purpose.

K. After completion of all bridge facility projects for which a planned bridge facility fund has been established or all major thoroughfare projects for which a planned major thoroughfare fund has been established, or in event of abandonment of any such project, and after reimbursement of the County and each subdivider entitled thereto under a reimbursement agreement, as mentioned in Section 18.50.050.D, the Board of Supervisors shall determine by resolution the amount of the surplus, if any, remaining in any such funds or as may accumulate in such funds from time to time. The Board shall order any such surplus refunded as follows:

1. There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular area of benefit. For the purposes of this paragraph, the term "property for which a fee was previously collected" shall be deemed to include land within any subdivision with respect to which such fees were paid as a condition to its approval and any building with respect to which such fees were paid as a condition to issuing a building permit therefor. For purposes of this paragraph, the term "fee collected" shall include, in the case of a subdivider who has entered into a reimbursement agreement with the County, the aggregate amount of cash fees and the value of the consideration in lieu of fees furnished by such subdivider.

2. Where property for which a fee was previously collected has subsequently been subdivided into more than one (1) lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

3. There shall be transferred to the County General Fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two (2) years from the date of adoption of the resolution declaring a surplus.

For the purposes of this paragraph, the term "fee collected" or any variation thereof, shall also be deemed to include the amount of fees that would have been payable by a subdivider but for furnishing consideration in lieu of fees.

L. The Board of Supervisors may authorize advancement of money from the County General Fund or from the Road Fund to pay the cost of constructing any bridge project or major thoroughfare project and may reimburse such fund or funds for such advances from the planned bridge facility fund or the planned major thoroughfare fund established to finance the construction of such improvements.

M. Nothing in this section shall be deemed to preclude the County from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to an area of benefit.

N. Nothing in this section shall be deemed to preclude the subdivider from volunteering to construct a bridge or major thoroughfare or part thereof, or to contribute to the cost thereof, in excess of the cost of a local facility, nor to preclude the County from participating in such construction or carrying out such construction using money so contributed.

18.50.060 PLANNED DRAINAGE AND SEWER FACILITIES

A. General Authority

The Board of Supervisors or the Director of Engineering and Survey Services Department, as appropriate, shall require payment of fees for purposes of defraying the costs of constructing planned drainage facilities and sewers if any part of the subdivision is located within a Planned Drainage Area or Planned Sewer Area as shown in Appendix D. Fees required pursuant to this section shall be paid consistent with the provisions of Section 66007 of the California Government Code.

B. Applicability

This title shall apply to those tentative tract maps, parcel maps, or parcel map waivers covering property located within a planned drainage or sewer area filed thirty (30) days or more after the effective date of the particular ordinances imposing the requirement for payment of fee and making reference to the drainage or sewer plans adopted in the respective planned drainage or sewer areas.

C. Requirements

Fees in the amount shown in this chapter shall be paid to the Director of the Engineering and Survey Services Department prior to the final approval of any final tract map, parcel map, or recorded Certificates of Compliance covering property located within a planned drainage or sewer area pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.), except as otherwise provided in Sections 18.50.060.E and 18.50.060.F of this title.

D. Planned Local Drainage or Sewer Facilities Funds

Such fees shall be deposited in the appropriate "planned local drainage or sewer facilities fund" established for each planned drainage or sewer area created under Sections 18.50.060.I through 18.50.060.M of this title.

E. Parcel Maps -- Allocated Fee

In the case of a parcel map, the subdivider shall have the option of having the drainage fees mentioned in Sections 18.50.060.C and 18.50.060.D of this title allocated among the respective lots shown on the parcel map in proportion to their size (hereinafter referred to as "allocated fee"), and having payment of this allocated fee deferred until, and become due and payable on, whichever of the following events shall first occur: (i) issuance of a permit for grading such lot; (ii) issuance of a permit for a main building (as defined in the County Code of Building Regulations) on such lot; or (iii) issuance of a permit for installation of a mobilehome (not including a temporary installation during construction of a main building) on such lot.

1. A subdivider of a parcel map or parcel map waiver wishing to exercise the option mentioned above in this section shall, prior to final approval of the parcel map, file with the Director of the Engineering and Survey Services Department an agreement signed and acknowledged by each record owner of the land in the parcel map, consenting to and agreeing to be bound by each pertinent provision of this section, in form prescribed by the County Counsel.

2. The Director of the Engineering and Survey Services Department shall file such agreement for record in the Office of the County Recorder.

3. Such agreement shall create a lien in favor of the County upon the respective lots shown on such parcel map to secure payment of the allocated fee(s) due on each such lot, and any interest thereon.

4. If such allocated fee is not paid on the date on which it is due and payable, it shall become a tax lien upon the property and subject to the same penalties and interest as general taxes.

5. With respect to any lot as to which the fees have been allocated and deferred under the option and agreement mentioned in this section, no grading permit, nor permit for a main building, nor permit for installation of a mobilehome (not including a temporary installation during construction of a main building) on such lot shall be issued, unless and until any allocated fee on such lot and interest accumulated thereon is fully paid.

6. In case the allocated fee is not paid prior to issuance of any permit mentioned in Subsection E.5 of this section, the County Counsel shall bring an action for recovery of such allocated fee and accumulated interest and enforcement of the lien on such lot. The Board of Supervisors may file the lien as a tax lien.

7. On payment of the allocated fee on any such lot, and all interest accumulated thereon, the Director of the Engineering and Survey Services Department shall execute, and file for record in the Office of the County Recorder, a release of said lien on such lot.

8. Parcels created by subdivision which have an existing main building shall not be allowed to defer planned drainage area fees.

F. Planned Drainage Facility Exempt Projects

The fees specific in this section shall not apply to the following:

1. Any project creating a condominium, as defined in Section 783 of the Civil Code, out of an existing multiple-family dwelling structure on which a notice of occupancy was issued prior to the effective date of the ordinance establishing the planned drainage area within which the structure is located.

2. Any project that does not significantly increase runoff and that subdivides an existing parcel or parcels having adequate drainage facilities constructed prior to the effective date of the ordinance establishing the planned drainage area within which the project is located.

G. Fee Reductions

1. The per-acre planned drainage area fee otherwise required by this chapter shall be reduced, using the following equation, to a percentage of the original otherwise applicable fee for parcels with zoned development densities less than four (4) dwelling units per acre.

% of fees due = [0.15 x % impervious surface of parcel] + 40

2. If the subdivider installs planned drainage facilities, fees shall be reduced equivalent to the estimated construction value of the planned drainage area facilities installed, as based upon the construction cost estimate used for the establishment of the planned drainage area fee.

H. Use of Fees

Said fees shall be used by the County of Kern for the construction of drainage or sewer facilities in the particular planned drainage area or planned sewer area for which they were collected or for the reimbursement of the cost of such facilities.

I. Shalimar Planned Drainage Area

1. The amount of one thousand six hundred eighty-nine dollars and fifty cents ($1,689.50) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections 18.50.060.C through 18.50.060.F of this chapter for the construction of planned drainage facilities in the Shalimar planned drainage area, pursuant to the drainage plan adopted by the Board of Supervisors on March 15, 1977.

2. The Shalimar planned local drainage facilities fund is established.

J. Brundage Lane (Oswell) Planned Drainage Area

1. The amount of one thousand thirty-seven dollars ($1,037.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections 18.50.060.C through 18.50.060.F of this title for the construction of planned drainage facilities in the Brundage Lane (Oswell) planned drainage area pursuant to the drainage plan adopted by the Board of Supervisors on October 4, 1977.

2. The Brundage Lane (Oswell) planned local drainage facilities fund is established.

K. Orangewood Planned Drainage Area

1. The amount of one thousand nine hundred thirty-five dollars ($1,935.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections 18.50.060.C through 18.50.060.F of this chapter for the construction of planned drainage facilities in the Orangewood planned drainage area, pursuant to the drainage plan adopted by the Board of Supervisors on May 30, 1978.

2. The Orangewood planned local drainage facilities fund is established.

L. Breckenridge Planned Drainage Area

1. The amount of one thousand eight hundred ninety-six dollars ($1,896.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections 18.50.060.C through 18.50.060.F of this title for the construction of planned drainage facilities in the Breckenridge planned drainage area pursuant to the drainage plan adopted by the Board of Supervisors on August 8, 1978.

2. The Breckenridge planned local drainage facilities fund is established.

M. Oildale Planned Drainage Area

1. The amount of two thousand five hundred forty dollars ($2,540.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections 18.50.060.C through 18.50.060.F of this chapter for the construction of planned drainage facilities in the Oildale planned drainage area pursuant to the drainage plan adopted by the Board of Supervisors on May 29, 1979.

2. The Oildale planned local drainage facilities fund is established.

N. Bakersfield City Service Area No. 1 Planned Sewer Area

1. The amount of one thousand three hundred thirty-four dollars ($1,334.00) for the County trunk line fee, per equivalent single-family dwelling (ESFD) for lots less than three (3) gross acres shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections 18.50.060.C through 18.50.060.D of this chapter for the construction of planned sewer facilities in the Bakersfield City Service Area No. 1 planned sewer area pursuant to the sewer plan adopted by the Board of Supervisors on December 12, 2000. The trunk line fee shall be increased annually by the Consumer Price Index to adjust for inflation as approved and adopted by the Board of Supervisors resolution of capital improvement plan. The ESFD for residential, commercial, and industrial properties shall be on a basis as determined by anticipated flows based upon Kern County Development Standards. All applicable surcharges and fees based upon flow characteristics or quantity particular to the use of the property and duly adopted by Bakersfield City Council shall apply and be payable at building permit.

2. The Bakersfield City Service Area No. 1 planned sewer area facilities fund is established.

18.50.070 RAILROAD AND GRADE CROSSING

If the question of railway crossings is involved, the Board of Supervisors or the Planning Director, as appropriate, shall consider the plan of the subdivision in its relation to the probability of grade separation or other treatment of such crossings, and shall require such provisions in the design of the subdivision as will prevent interference with future grade separation or such other treatment. If a grade separation is identified in the Circulation Element of the General Plan, the subdivider shall dedicate or make an irrevocable offer for dedication the rights-of-way required for this improvement. In addition, all requirements of the Public Utilities Commission for the State of California shall be followed with regard to required dedications.

18.50.080 PARK LAND DEDICATION

A. General

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 County.

B. Requirements

As a condition of approval of a final tract map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, consistent with the provisions of Section 53077.5 of the California Government Code, or both, at the option of the County, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

C. General Standard

It is hereby found and determined that the two and one-half (2 1/2) acres of property for each one thousand (1,000) persons residing within the County or two and one-half (2 1/2) acres of property for each one thousand (1,000) persons residing in the Metropolitan Bakersfield 2010 General Plan area or as otherwise provided in D.2 below to best serve the public interest, convenience, health, welfare, and safety.

D. Standards and Formula for Dedication of Land

1. 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 x DU x 2 1/2 = 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 (1) person per bedroom will be assumed.

2. If the board of a park district and the Board of Supervisors has adopted a standard and/or formula that differs from Section 18.50.080, then that formula shall be used for determining the amount of land to be dedicated for local park purposes.

E. Formula for Fees in Lieu of Land Dedication

1. 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 18.50.080.D above and in an amount determined in accordance with the provisions of Section 18.50.080.G, the fee to be used for a local park which will serve the residents of the area being subdivided.

2. Fees in Lieu of Land Fifty (50) or Fewer Lots or Dwelling Units

If the proposed subdivision contains fifty (50) or fewer lots or if a condominium project, stock cooperative, or community apartment project contains fifty (50) or fewer dwelling units, the subdivider shall pay a fee 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 18.50.080.D and in an amount determined in accordance with the provisions of Section 18.50.080.G.

3. 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 County 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 (5) 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.

F. Criteria for Requiring Both Dedication and Fee

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:

1. 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 18.50.080.G shall be paid for any additional land that would have been required to be dedicated pursuant to Section 18.50.080.D.

2. When a major part of the local park or recreational site has already been acquired by the County 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 18.50.080.G 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 18.50.080.D. 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.

G. Amount of Fee in Lieu of Park Land Dedication

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 18.50.080.D.

The fair market value shall be as determined by the Kern 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 County to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County and the subdivider, which appraisal will be considered by the County in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

H. Determination of Land or Fee

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

1. The Kern County General Plan or local park district master plan;

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. Feasibility of dedication;

5. Availability of previously acquired park property; and

6. Population density of the project.

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

I. Credit for Private Recreation or Open Space

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 of 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 Board of Supervisors, 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.

J. Procedure

At the time of approval of the tentative tract map or parcel map, the Parks and Recreation 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 Parks and Recreation Department or appropriate recreation district shall include the following:

1. The amount of land 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 for private recreation facilities or unique natural and special features, etc.;

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

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

At the time of the filing of the final tract map, the subdivider shall dedicate the land and/or pay the fee as determined by the County, consistent with the provisions of Section 53077.5 of the California Government Code.

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

K. Commencement of Development

At the time of approval of the final tract map or parcel map, the County 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.

L. Exemptions

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.

18.50.090 RESERVATIONS

A. As a condition of approval of a tentative tract map or parcel map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this section.

B. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan, the General Plan or a recreation district's master park and recreation plan, the subdivider may be required by the County to reserve sites as determined by the County in accordance with the goals, policies, and standards contained in the specific plan, General Plan, and master park and recreation plan, as applicable. The reserved area must be of such size and shape to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The reserved area shall conform to the adopted specific plan, General Plan, and master park and recreation plan, as applicable, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

C. The public agency for whose benefit an area has been reserved shall, at the time of recordation of the final tract map or final parcel map, commence proceedings to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

D. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

E. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate.

Updated: April 27, 2001