§ 22.98

This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval, in compliance with the Map Act. These requirements are intended to preserve and enhance habitat, the natural environment, and scenic values of the County and the excellence of residential, commercial, or industrial development. The requirements of this Chapter are consistent with the policies of the Marin Countywide Plan.

(Ord. No. 3577, 2012)

Required Dedications.

A proposed subdivision shall comply with the requirements of this Chapter for dedications, reservations, or the payment of in-lieu fees. The requirements of this Chapter shall not be construed to create an obligation for the County to maintain park or playground areas.

(Ord. No. 3577, 2012)

Wherever the provisions of this Article result in requirements for the dedication of easements to the County for the purposes of common driveways, drainage, pedestrian walkways, bicycle or equestrian paths, slopes, public utilities, emergency access, limiting access to specific streets, or other purposes, the dedications shall comply with all applicable provisions of Title 24, Chapters 24.05 (Easements) and 24.06 (Reserved Strips) of the County Code.

(Ord. No. 3577, 2012)

22.98.040 - Parkland Dedications and Fees.

A.

Purpose.

1.

This Section provides for the dedication of land and/or the payment of in-lieu fees for park and recreational facilities, in compliance with Map Act Sections 66477, et seq., also known as the Quimby Act.

2.

The primary intent of this Section is to provide land for functional recreation units of local or neighborhood service, including: tot lots, playlots, playgrounds, neighborhood parks, playfields, community or district parks, and other specialized recreational facilities that may serve families and senior citizen activities.

B.

Applicability.

1.

Dedication and/or fee required. The subdivider shall be required to dedicate land and/or pay fees in compliance with this Section, as a condition of Tentative Map approval.

2.

Exemptions. The provisions of this Section do not apply to industrial or commercial subdivisions, condominium or stock cooperative projects that propose the subdivision of air space in an existing apartment building that is more than five years old when no new housing units are added, or to any other subdivisions exempted from these requirements by Map Act Section 66477.

3.

Determination of dedication and/or fee for non-County facilities. Where park and recreational services are provided by a public agency other than the County, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the County and the public agency.

C.

Amount of parkland required. In compliance with Map Act Section 66477.b, three acres of land for each 1,000 persons residing within the County shall be devoted to neighborhood and community park and recreational purposes.

D.

Dedication requirement. Dedication shall be required where parks and recreation facilities are designated in the Marin Countywide Plan, Local Coastal Plan, or any Community Plan or Specific Plan, and are to be entirely or partly located within the proposed subdivision. In these cases, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the future residents of the subdivision.

1.

Formula for dedication. The amount of land to be provided shall be determined by the following formula:

Required Acres of Parkland per Dwelling Unit = 0.003 Acres per Person × Average Number of Persons per Household

Example: A development project proposing 100 dwelling units in an area of the County where the type of dwelling units proposed typically contain an average of 2.4 persons per household, would be required to dedicate 0.0072 acres of land per dwelling (a total of 0.72 acres), or pay an in-lieu fee. (0.003 acres per person × 2.4 persons per dwelling = 0.0072 acres per dwelling) × (100 dwellings in project = 0.72 acres)

2.

Determining average number of persons per household. The average number of persons per household shall be determined by the Director, using the most recent U.S. Census information regarding household size for Marin County.

3.

Determining number of dwellings. For the purposes of this Section, the number of dwellings in the subdivision shall be determined as follows, and shall not include dwellings lawfully in place before the date the Tentative Map was approved:

a.

In areas zoned for one dwelling per parcel, the number of dwellings shall equal the number of parcels shown on the Tentative Map.

b.

When a portion of the subdivision is zoned for multi-family housing, the number of proposed dwellings in the area so zoned shall equal the maximum number of dwellings allowed in that zoning district.

c.

For residential condominiums, the number of dwellings shall be the number of condominium units shown on the Tentative Map.

E.

Quality requirements for land dedications. Lands to be dedicated or reserved for park and/or recreational purposes shall, in the opinion of the Director and the Director of Parks and Recreation, be suitable in location, topography, environmental characteristics and development potential for the intended use. Principal consideration shall be given to lands that offer:

1.

A variety of recreational opportunities for all age groups;

2.

Recreational opportunities located within walking distance from residents' homes;

3.

Possibility for expansion or connection with school grounds;

4.

Integration with hiking, riding, bicycle trails, waterways, and other open space;

5.

Coordination with other park systems; and

6.

Access to at least one existing or proposed public street.

F.

Improvements required for dedicated lands. The subdivider shall provide the following improvements on lands to be dedicated in compliance with this Section, which shall not be counted toward the requirement for dedication, unless the Director waives such improvements:

1.

Full street improvements and utility connections including curbs, gutters, street paving, traffic-control devices, street trees and sidewalks to the land that is dedicated. These improvements shall be provided in compliance with applicable Community Plans or Specific Plan unless the requirement for such improvements is waived by the Director;

2.

Fencing along the property lines of portions of the subdivision contiguous to the dedicated land;

3.

Improved drainage through the site; and

4.

Other improvements that the County determines to be essential to the acceptance of the land for recreational purposes.

G.

Fees in lieu of dedication. The subdivider shall pay fees in lieu of dedication where there is no park or recreation facility designated in the Marin Countywide Plan, Local Coastal Plan, or applicable Community or Specific Plan to be located within or partly within the proposed subdivision, or the subdivision proposes 50 or fewer parcels. The required fee shall be as determined by the formula in Subsection G.1 following (Formula for Fees).

1.

Formula for fees. The amount of a required in-lieu fee shall be based upon the fair market value of land that would otherwise be required for dedication by Subsection D above (Dedication Requirement), plus 20 percent of the fair market value to be used to partially cover the costs of the off-site improvements that

would otherwise have been required with dedication in compliance with Subsection F above (Improvements Required for Dedicated Lands). The in-lieu fee shall be determined by the following formula as determined by the Director:

Fee = (No. of Dwellings × Acres of Parkland per Dwelling × FMV per Buildable Acre) × 1.20

Where:

Acres of Parkland per Dwelling is determined by Subsection D above (Dedication Requirement).

FMV = Fair market value, as determined by Subsection G.2 below (Determination of Fair Market Value).

Buildable Acre = A typical acre of the subdivision, not subject to flooding, easements, excessive slope, or other restrictions.

Example: The development project proposing 100 dwelling units described in the example in Subsection D.1 (Dedication requirement) above, in area where appraisal determined that the fair market value of a buildable acre would be $150,000.00, would be required to pay a fee of $129,600.00. (100 dwellings × 0.0072 acres of parkland per dwelling × FMV of $150,000.00 per acre × 1.20 = $129,600.00)

2.

Determination of fair market value. The County shall determined the fair market value of a buildable acre in the proposed project through a written appraisal prepared and signed by an appraiser acceptable to the County. The cost of the appraisal shall be paid by the subdivider. The appraisal shall be completed immediately before the filing of the Final Map.

The subdivider shall notify the County of the expected filing date at least six weeks before filing of the Final Map. If more than one year elapses before filing the Final Map, the County will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal.

For the purposes of this Chapter, the determination of the fair market value of a buildable acre shall consider, but not necessarily be limited to, the following:

a.

Any conditions of the Tentative Map;

b.

The designations of the site by the Marin Countywide Plan, Local Coastal Plan or applicable Community or Specific Plan;

c.

The zoning district applicable to the site;

d.

Site location and characteristics; and

e.

Off-site improvements facilitating use of the property.

If the subdivider objects to the fair market value determined by the County, the subdivider may appeal the determination to the Board, who shall hear the appeal under the same current rules for local hearings by the California State Board of Equalization hearings, except that the burden of proof shall lie with the subdivider.

3.

Dedication in subdivisions of 50 or fewer parcels. Nothing in this Section shall prohibit the dedication and acceptance of parkland in subdivisions of 50 or fewer parcels, where the subdivider proposes the dedication voluntarily and the land is acceptable to the County.

4.

Use of fees. The in-lieu fees collected in compliance with this Section shall be used only for the purpose of acquiring necessary land and developing new parks, or rehabilitating existing park or recreational facilities.

H.

Requirement for dedication and fees. In subdivisions of over 50 parcels, the subdivider shall both dedicate land and pay a fee, as follows:

1.

When a portion of the land to be subdivided is proposed in the Marin Countywide Plan, Local Coastal Plan or Community Plan or Specific Plan as the site for a park or recreation facility, that portion shall be dedicated for local park purposes. The land to be dedicated shall be subject to the improvement requirements of Subsection F above (Improvements Required for Dedicated Lands). If additional land would

have been required for dedication by Subsection D above (Dedication Requirement), a fee, computed in compliance with Subsection G above (Fees In-lieu of Dedication), shall also be paid for the value of any additional land, plus 20 percent toward the costs of off-site improvements.

2.

When a major part of the local park or recreation site has already been acquired by the County or other local agency, and only a portion of the land is needed from the subdivision to complete the park site, the remaining portion shall be dedicated for local park purposes.

The subdivider shall also pay a fee in compliance with Subsection G above (Fees In-lieu of Dedication), in an amount equal to the value of the land, plus an additional 20 percent of the value of the land toward the costs of the off-site improvements that would otherwise have been required by Subsection F above (Improvements Required for Dedicated Lands) if the land had been dedicated. The County shall use the fees to improve the existing park and recreation facility, or to improve other local parks and recreation facilities in the area serving the subdivision.

I.

Determination of land or fee. In determining whether to accept a land dedication or to require payment of an in-lieu fee, or a combination of both, the Board shall consult with the Commission and the Parks and Recreation Commission, and shall consider the following factors:

1.

The natural features, access, and location of land in the subdivision available for dedication;

2.

Size and shape of the subdivision and land available for dedication;

3.

Feasibility of dedication;

4.

Compatibility of dedication with the Marin Countywide Plan, Local Coastal Plan or any applicable Community Plan or Specific Plan;

5.

The location of existing and proposed park sites and trailways.

The determination of the Board as to whether land shall be dedicated, or whether a fee shall be paid in lieu thereof, or a combination of both, shall be final.

J.

Credit for private open space. Where a proposed subdivision will include private open space, the Board may reduce the area of land or the amount of fees required by this Section, provided that the Board finds that it is in the public interest to do so and that all of the following standards are met. The Board shall consult with the Commission and the Parks and Recreation Commission before determining the extent of any reduction in land to be dedicated or fees to be paid.

1.

Any yards, court areas, setbacks, and other open areas required by this Development Code and Title 19 (Building Standards) of the County Code shall not be included in the computation of the private open space.

2.

The private park and recreation facilities shall be owned by a homeowners' association that is composed of all property owners in the subdivision. The homeowners' association shall be an incorporated nonprofit organization capable of dissolution only by a 100 percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner is automatically a member, and each lot is subject to a charge or a proportionate share of expenses for maintaining the facilities.

3.

The use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the County or its successor.

4.

The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration factors including size, shape, topography, geology, access, and location.

5.

Facilities proposed for the open space are in substantial compliance with the provisions of the Marin Countywide Plan, the Local Coastal Plan, or any applicable Community or Specific Plan.

6.

Generally, the open space for which credit is given is a minimum of three acres and provides all of the following basic local park elements, or a combination of these and other recreation improvements, that will meet the specific recreation park needs of the future residents of the area:

a.

Recreational open spaces, generally defined as park areas for active recreational activities (e.g., soccer, golf, baseball, softball, and football) and which have at least one acre of maintained turf with less than five percent slope);

b.

Court areas, generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hardsurfaced areas especially designed and exclusively used for court games;

c.

Recreational swimming areas, generally defined as fenced areas devoted primarily to swimming, diving, or both, and which include decks, lawn area, bathhouses, or other facilities, developed and used exclusively for swimming and/or diving. Swimming facilities shall consist of no less than 15 square feet of water surface area for each three percent of the population of the subdivision; and

d.

Recreation buildings and facilities designed and primarily used for the recreational needs of the residents of the subdivision.

7.

The credit for private open space shall not exceed 50 percent of the required land dedication or payment of fees.

The determination of the Board as to whether credit shall be granted and the amount of that credit shall be final.

K.

Procedure. At the time of approval of the Tentative Map, the Director and/or Commission shall determine the land required for dedication in compliance with Subsection D above (Dedication Requirement). At the time of the filing of the Parcel or Final Map in compliance with this Article, the subdivider shall:

1.

Dedicate the land as required by the Director and/or Commission; and/or

2.

Pay the required fees before recordation of the Parcel Map or Final Map.

L.

Disposition of land or fees. Land or fees required in compliance with this Section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if the agency elects to accept the land or fee. The County or other applicable public agency shall:

1.

Deposit the fees into a subdivision park trust fund, or other similar fund. Monies in the fund, including accrued interest, shall be expended solely for the acquisition or development of park land or related improvements. The County Treasurer shall report the income, expenditures and status of the County subdivision park trust fund to the Board on an annual basis;

2.

Develop a schedule in compliance with Map Act Section 66477 specifying how, when, and where it will use the land or fees, or both, to develop park or recreation facilities to serve the residents of the subdivision; and

3.

Appropriate the collected fees within an annual budget, for a specific project to serve the residents of the subdivision, within five years after receipt of payment, or within five years after Building Permits are issued for one-half of the lots created by the subdivision, whichever occurs later.

If the fees are not so committed, these fees, less an administrative charge, shall be distributed to the thenrecord owners of the subdivision lots in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

M.

Sale of dedicated land. Land dedicated for a local park and/or recreational use may be sold by the Board and the proceeds used to purchase a more suitable site. The land may be sold if circumstances arise in the time between dedication of land for park purposes and the issuance of Building Permits, which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (i.e., receipt of a gift of additional parkland or change in school location, etc.), the land may be sold upon the approval of the Board.

(Ord. No. 3577, 2012)

The subdivider may be required to dedicate easements to provide public access to or along the shorelines of public resources, including a public waterway, river or stream, coastline or shoreline lake or reservoir, or other public lands, in compliance with Map Act Sections 66478.1 et seq., or the County's Local Coastal Plan.

(Ord. No. 3577, 2012)

As a condition of approval of a Tentative Map, the County may require the subdivider to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses, in compliance with the standards and formulas in this Chapter.

A.

Standards for reservation of land.

1.

Location of land. Where a park, recreational facilities, fire station, library, or other public use is shown in the Marin Countywide Plan, Local Coastal Plan, or applicable Community Plan or Specific Plan, the subdivider

may be required by the County to reserve sites as determined by the County in compliance with the standards in the applicable plan.

2.

Configuration. The reserved area shall be of a size and shape that will permit the balance of the property to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by Subsection B following (Procedure for Reservation of Land).

B.

Procedure for reservation of land. The public agency for whose benefit an area has been reserved shall at the time of approval of the Parcel or Final Map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.

C.

Purchase price of reserved land. The purchase price shall be the market value of the land at the time the Tentative Map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.

D.

Termination of reservation. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in Subsection B above (Procedure for Reservation of Land), the reservation shall automatically terminate.

(Ord. No. 3577, 2012)

As a condition of approval of a Parcel or Final Map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land or easements within the subdivision that are needed for streets or alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. These dedications shall comply with all applicable requirements of Title 24, Chapter 24.05 of the County Code (Easements).

(Ord. No. 3577, 2012)

A.

Dedication requirement. In compliance with Map Act Section 66478, a subdivider may be required to dedicate land as the Review Authority determines to be necessary for adequate elementary school facilities

for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:

1.

Have owned the land being subdivided for less than ten years before filing the Tentative Map; and

2.

Develop, or complete the development, of a subdivision of more than 400 dwelling units within a single school district, within a period of three years or less.

B.

Tentative Map approval. If the affected school district responds to the referral of the Tentative Map application (Section 22.84.020 (Tentative Map Preparation, Application Contents)) with a report to the County describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the Review Authority shall require the dedication of land as a condition of approval of the Tentative Map. As required by Map Act Section 66478, the dedication requirement shall not make development of the remaining land held by the subdivider economically unfeasible, or exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

C.

Timing of dedication. The required dedication may occur before, concurrently with, or up to 60 days after the filing of a Final Map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act Section 66478, and shall record the certificate required by Map Act Section 66478.

D.

Termination of dedication requirement. The requirement of dedication shall automatically terminate unless, within 30 days after the requirement is imposed by the Review Authority, the school district makes a binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first 400 dwelling units. Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Business and Professions Code Section 11525.2.

E.

Judicial review. Any person who is aggrieved by or fails to agree to the reasonableness of any requirement imposed in compliance with this Section may bring a special proceeding in the Superior Court in compliance with Map Act Section 66499.37.

F.

Reversion of land—Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the

subdivider. If the dedication is accepted and the school district within ten years from the date of acceptance offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.

ubdivider. If the dedication is accepted and the school district within ten years from the date of acceptance offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.

(Ord. No. 3577, 2012)

Chapter 22.100 - SUBDIVISION IMPROVEMENTS AND AGREEMENTS