Chapter 17.30 — DEDICATION OF LAND FOR PARKS

The planning commission shall require, as a condition to the approval of a final subdivision map, the dedication or reservation of lands, payment of fees in lieu thereof, or a combination of both for park and recreational purposes. The recreation element, park and recreation facilities, standards, and principles in the Corte Madera general plan as has heretofore been adopted, as may be amended, and any general plan that may hereafter be adopted by the town shall be the basis for the following dedication requirements.

(Ord. 591 § 2, 1973)

A.

It is found that in the public interest, convenience, health, welfare and safety that the standard of four acres for each one thousand residents is the basic amount of property which shall be devoted to local neighborhoods for park and recreational purposes in the town. The amount and location of land to be dedicated or fees to be paid shall bear reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. It shall be based on population densities characteristic for the several types of residential development as determined by the planning commission and result in the following basic formula:

Single family residences, 3.1 persons—five hundred forty square feet per dwelling unit;

Multiple dwellings, 2.8 persons—four hundred eighty-eight square feet per dwelling unit.

B.

The total acreage of recreation space needed to meet the standards set forth shall be the cumulative amount of square feet/acres determined for the respective number of dwelling units in each category which are included in the final subdivision map filed with the town council for approval. This total recreation space shall be reduced by the amount of space required for school recreation grounds as determined by the applicable school site standards of the state. The remaining balance shall be the net requirement for dedication under this chapter. Dedication of land for park or recreational purposes shall not be required in subdivisions containing fifty parcels or less, but payment of fees in lieu thereof shall be required. In subdivisions containing over fifty parcels either land dedication, or fees in lieu thereof, or a combination of both, may be required in such a ratio as the planning commission deems the most desirable.

(Ord. 591 § 3, 1973)

Where fees are required to be paid in lieu of land dedication, such fees shall be based on an estimate of the current market value of land in that subdivision as determined by a professional appraiser certified by the California Office of Real Estate Appraisers, selected by the town but paid for by the subdivider. All appraisals required hereunder shall be performed before and as near to the date upon which the fees provided hereunder are to be paid to the town as is practicable; provided, however, that under no

circumstances shall said appraisal set forth the current market value based on a valuation date no more than six months from the date the fees are to be paid. The amount of such fees shall be the sum equal to the current market value of the amount of land which would otherwise be required for dedication according to the foregoing formula. In the case of a combination of fees and land dedication, the fee shall represent a sum equal to the current market value of that land portion which remains after the acreage of dedicated land is deducted from the total acreage requirement which is determined by the planning commission. Such fee shall be deposited in the park and recreation fund, prior to the recordation of the final or parcel map, for the purpose of acquiring, improving, developing, and/or rehabilitating park and recreation facilities which serve the residents of the subdivision.

(Ord. 783 § 1, 1994: Ord. 591 § 4, 1973)

A.

Lands to be dedicated or reserved for park or recreational purposes shall be suitable in the opinion of the planning commission and the park and recreation commission in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall always be construed to provide the land for functional recreational units of local or neighborhood service, including, but not limited to, tot lots, play lots, playgrounds, neighborhood parks, playing fields, community or district parks and other specialized recreational facilities which may serve the family group and also senior citizens' activities. Principal consideration shall be given, therefore, to lands which offer:

A variety of recreation potential for all age groups;

Recreational opportunities within walking distance from residents' homes;

Possibility for expansion or connection with school grounds;

Integration with hiking, riding, and bicycle trails, natural stream reserves and other open space; and

Coordination with all other park systems.

B.

In addition to such intensive use areas, and with the approval of the planning commission and park and recreation commission, credit may be given for areas suitable to:

Activities usually associated with natural environment; and

Greenbelts formed by natural streams, canyons, ridgelines and wooded lands which lend themselves to hiking, cycling and horseback riding.

C.

All lands to be dedicated must have access through a minimum right-of-way equal to similar improvements in the subdivision. Utility stubouts must be provided for an easy connection of all utilities. They must be of sufficient size and capacity to accommodate service for the ultimate development of the dedicated land.

(Ord. 591 § 5, 1973)

At the time of approval of the final subdivision map, the town shall specify when development of the park and recreational facility shall begin.

(Ord. 591 § 6, 1973)

The provisions of this section shall not apply to industrial or commercial subdivisions.

(Ord. 591 § 7, 1973)