Contra Costa County Municipal Code Ch. 920-8 Credit and Private Space

If the subdivider provides park and recreational improvements to land dedicated for public park purposes, the value of the improvements together with any equipment located thereon shall be a credit, as determined by the planning agency, against the payment of fees or dedication of land required by this division.

(Ord. 84-46 § 1 (part)).

Where private area for park and recreational purposes is provided in a proposed development and such area is to be privately owned and maintained by the future owner(s) of the development, partial credit may be given by the planning agency not to exceed fifty percent against the requirement of land dedication or payment of fees in lieu thereof if the planning agency finds that it is in the public interest to do so and that all the standards set forth in Section 920-8.006 are met.

(Ords. 84-46 § 1 (part), 78-5).

The standards are:

(1) Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private areas; and

(2) The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and

(3) The use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be amended or eliminated without the consent of the county, or its successor; and

(4) The proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

(5) Facilities proposed for the area are in substantial accordance with the provisions of the recreational element of the general plan; and

(6) The area for which credit is given is a minimum of two contiguous acres and provides a minimum of four of the local park basic elements listed below, or other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

(Ords. 84-46 § 1 (part), 78-5).