§ 20-78. Park dedication in subdivisions having fifty lots or more.

In subdivisions having fifty (50) lots or more, the subdivider or owner shall dedicate such land for local parks as is acceptable to the county board of supervisors, or pay in-lieu fees according to the following formula in which:

"Dwelling unit" means one (1) or more rooms in a building or structure or portion thereof designed exclusively for residential occupancy by one (1) family for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.

"Multiple-family area" means an area of land used for or proposed for residential occupancy in buildings or structures designed for two (2) or more families for living or sleeping purposes and having kitchen and bath facilities for each family, including two-family, group and row dwelling units, and apartments. It also includes an area of land used for or proposed for mobile homes.

"Single-family area" means an area of land used for or proposed for detached buildings designed for occupancy by one (1) family.

D1 = Number of dwelling units in a single-family area.

Dm = Number of dwelling units in a multiple-family area.

A1 = Amount of land required for dedication in acres in the single-family area.

Am = Amount of land required for dedication in acres in the multiple-family area.

(1)

Single-family areas formula: D1 x 0.008 = Al

(2)

Multiple-family areas formula: Dm x 0.005 = Am

The factors 0.008 and 0.005 are constants determined from an analysis of population trends and studies, which when multiplied by the number of dwelling units permitted in the subject area will produce two (2) to two and one-half (2 ½) acres per one thousand (1,000) population as set forth in the local recreational space element of the general plan which should be devoted to neighborhood park facilities. In multiple-family areas, the number of dwelling units used shall be calculated from the maximum density permitted in the proposed zone as determined from the zoning code of Butte County as amended unless the subdivider enters into an agreement with the county for a lower density. In the event the amount of land calculated to be dedicated in acres pursuant to the above formula is less than one (1) acre of continuous, usable and accessible area, excluding therefrom right-of-way for drainage, streets, or other purposes, a fee in lieu of said dedication shall be paid. (See section 20-6.5)

(Ord. No. 3188, § l(Exh. A), 3-14-95)