Malibu Municipal Code Ch. 16.36 Park and Recreational Dedications and Fees

A. Authority—Finding. The provisions of this chapter are enacted pursuant to the Quimby Act, California Government Code Section 66477, and are found to be in accord with the open space and recreation element of the Malibu general plan.

B. Requirement. As a condition of each final map and to be detailed in the conditions of tentative map, every subdivider shall be required to, and shall, dedicate a portion of land or pay a fee in lieu thereof, or a combination of both, at the option of the city, for the purpose of providing park or recreational facilities reasonably related to serving the development and in accordance with the standards and provisions as hereafter set forth.

C. Exemptions. The requirements of this chapter shall not apply to any of the following:

1. Commercial and industrial subdivisions;

2. Subdivisions containing less than five parcels and not used for residential purposes, except as follows. A condition shall be placed on each parcel map stating that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years from the date of recording of the parcel map, the fee in lieu of dedication, as prescribed by this chapter, shall be required to be paid by the owner of each parcel as a condition of the issuance of the building permit;

3. A condominium project or stock cooperative which consists of the subdivision of air space in an existing apartment building that is more than five years old, where no new dwelling units are added;

4. Projects which are exempt under the Quimby Act.

(Prior code § 10701; Ord. 207 § 2, 2000)

A. Dedication of Land Requirement. Each subdivider shall dedicate to the city, for park and recreational purposes, five acres of real property for each 1,000 persons who will occupy land within the subdivision. The number of persons who will occupy land within the subdivision shall be determined by the city on the basis of the maximum number of dwelling units allowed on the parcels in the subdivision under the applicable provisions of the city zoning code, multiplied by the average number of persons per household. There shall be a rebuttable presumption that the average number of persons per household in the proposed subdivision is equal to the average number of persons per existing household, as disclosed on the most recent available federal census, and the city shall be entitled to rely on that presumption in the absence of persuasive contrary information provided by the subdivider.

B. Location of Dedicated Land. If the city's general plan provides that a park or recreational facility is to be located in whole or in part within the subdivision to serve the immediate or future needs of the residents of such subdivision, the subdivider shall dedicate land within the area of such subdivision for a local park consistent with said element.

C. Manner of Dedication. The conditions of approval of a subdivision map shall specify the time and manner in which the subdivider shall dedicate land pursuant to this chapter.

D. Exceptions. The requirement to dedicate land under this section is subject to the exceptions stated in Sections 16.36.030 and 16.36.040.

(Prior code § 10702; Ord. 207 § 2, 2000)

A. Applicability. A subdivider shall pay a fee to the city in lieu of dedicating land if:(i) there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision; (ii) if the city reasonably determines that there is sufficient land for park and recreational facilities located in the city; or (iii) if the proposed subdivision contains 50 or fewer parcels.

B. Amount of Fees. Fees to be paid under this section shall be in an amount equal to the fair market value of the land which would otherwise be required to be dedicated pursuant to Section 16.36.020, as determined by the city planning director. "Fair market value," as used herein, shall be based upon the greater of: (i) the average per acre estimated fair market value of all residentially zoned undeveloped real property located in the city; or (ii) the average per acre fair market value of the land in the subdivision, based upon its assessed value adjusted to current market value in accordance with the then-current practices of the county assessor.

C. Time of Payment of Fees. Fees required to be paid under this chapter shall be paid prior to the time of final map recordation.

(Prior code § 10703; Ord. 207 § 2, 2000)

The city shall have the authority to require both dedication of land and payment of fees in accordance with the following criteria:

A. General Plan. Where the subdivision includes land shown in the open space and recreation element of the general plan as a site for a local park or recreational area, and the dedication of that land would be insufficient to satisfy the requirements of this chapter, such portion shall be dedicated for local park purposes and a fee computed pursuant to Section 16.36.030 shall be paid for any additional land that otherwise would have been required to be dedicated pursuant to Section 16.36.020.

B. Completion of Facilities. If the city determines that the development of park and recreational facilities to serve a subdivision would be most effectively achieved by requiring a subdivider to both dedicate land and pay fees, provided that the combination of dedicated land and fees paid shall not exceed the land dedication requirements of this chapter.

(Prior code § 10704; Ord. 207 § 2, 2000)

Where the proposed subdivision lies within the city's urban service area, as defined in the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et seq.), and is not yet shown and delineated on the general plan, by reason of it not having been a part of the city at the time of the adoption of the general plan, but the city intends that the proposed subdivision is to be included within the general plan, the subdivider shall dedicate land, or pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational policies and standards of the general plan and the provisions of this chapter.

Within 120 days following approval of the tentative tract map, the general plan shall be amended to include the proposed subdivision and any previously unincluded park for which there is to be a dedication of land and/or payment of fees.

(Prior code § 10705; Ord. 207 § 2, 2000)

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by future residents of the subdivision, the city council may extend a credit not to exceed 50% against the requirement to dedicate land or pay fees under this chapter, provided the city council makes all of the following findings:

A. The credit is consistent with the public interest;

B. Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations have not been included in the computation of such private open space;

C. The private ownership and maintenance of the open space is adequately provided for by written agreement, conveyance or restrictions;

D. The use of the private open space is restricted to park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the city council;

E. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land;

F. Facilities proposed for the open space area are in substantial accordance with the provisions of the open space and recreation element of the general plan and are approved by the city council.

(Prior code § 10706; Ord. 207 § 2, 2000)

All fees collected under this chapter shall be used only for the purpose of acquiring and developing new neighborhood or community park or recreational facilities, or rehabilitating existing facilities to serve the future residents of the subdivision.

(Prior code § 10707; Ord. 207 § 2, 2000)