Contra Costa County Municipal Code Ch. 920-12 Procedures

At the time of filing a tentative map or other development for approval, the developer shall, as a part of such filing, indicate whether the developer prefers to dedicate land for park and recreation purposes, or to pay a fee in lieu thereof, or do a combination of these. If the developer prefers to dedicate land, the developer shall suggest the specific land. Only the payment of fees is required for subdivisions containing fifty parcels or less.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 84-46 § 2,78-5).

At the time of initial development approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:

(1) Lands offered for dedication will substantially comply with the recreation element of the general plan;

(2) The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

(3) The size and shape of the development and land available for dedication;

(4) How much land consisting of school playgrounds or public park lands is available for combination with dedicated lands in the formation of local park and recreation facilities; and

(5) The space or local recreation facilities to be privately owned and maintained by future residents of the development.

(Ord 78-5).

(a) Land. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as for streets and other easements.

(b) Fees. When a fee is required, it shall be paid to the county prior to approval of the final map, parcel map, or building permit, whichever first occurs. Fees shall be placed in a local park or recreation facilities trust fund.

(Ord. 78-5).

The land and fees shall be held in trust by the county until the county transfers such responsibility to a county service area, district, city, or association. If the recreation element of the general plan does not indicate the area of Division 924 benefit and contribution for the specific park required to serve a development, an appropriate amendment will be prepared to so delineate an area, or a specific plan for such area may be developed.

(Ord. 78-5).

The planning agency shall designate a public agency (city, service area, district or other) to be responsible for development and maintenance of the park. If no such agency is available to assume such responsibility, the planning agency shall require the developer to annex to or to form an appropriate agency, unless waived by the planning agency. When such a public agency is designated for the area, the land and fees may be conveyed to such agency by the county for the purposes herein enumerated.

(Ord. 78-5).

(a) If a final subdivision map or parcel map is vacated, and if the county still retains the land or fees, and if the applicant so requests, the director of planning shall order return to the applicant of such land or fees.

(b) If a building permit is cancelled or voided, and if the county still retains the fee, and if the applicant so requests, the director of planning shall order return to the applicant of such fee.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 84-46 § 3,78-5).