Chapter 16.44 — PUBLIC PARKLAND DEDICATIONS AND/OR FEES

2. The topography, geology, access and location of the land available for dedication;

   3. The size and shape of the subdivision and the land available for dedication;

   4. The location of existing or proposed park sites and trails; and

   5. The desirability of developing the land proposed for dedication for park and recreational purposes as determined by review and a schematic site plan submitted by the subdivider.

• (Ord. 334 § 1 Exh. A, 2006)

• A. As a condition of the subdivision of land, the subdivider shall dedicate a portion of such land and/or pay a fee for the purpose of providing park and recreational facilities to serve the future residents of the property being subdivided. This requirement shall apply to all subdivisions except those which:

  1. Are exempted by Section 66477 of the Subdivision Map Act;

  2. Are a redivision of four or less existing contiguous parcels or lots, which does not result in the creation of a greater number of parcels or lots than existed immediately prior to such redivision; or

  3. Will not result in the creation of any parcel or lot which, under the zoning regulations applicable at the time the tentative map is approved, and without the prior issuance of a conditional use permit or other discretionary entitlement, could be developed so as to increase the total number of dwelling units on such parcel or lot; provided, however, that this exemption shall not apply to condominium projects or stock cooperatives which consist of the subdivision of air-space in an existing apartment building which is less than five years old.

• B. If the proposed subdivision contains 50 parcels or less, the subdivider shall not dedicate any land for park and recreational purposes but shall pay a fee equal to the fair market value of land which would otherwise be dedicated plus improvement costs as determined in accordance with the provisions of this chapter.

• (Ord. 334 § 1 Exh. A, 2006)

Based upon the principles and standards of the Moorpark open space, conservation and recreation element, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that five net acres of property for each 1,000 persons residing within the city be devoted to local park and recreational purposes as defined in the Moorpark open space, conservation and recreation element, exclusive of and in addition to:

• A. School lands used cooperatively for recreational purposes; and

• B. Lands purchased and/or developed for park purposes as defined in the Moorpark open space, conservation and recreation element.

• (Ord. 334 § 1 Exh. A, 2006)

Population density, for the purposes of park and recreational requirements, shall be determined for single-family detached dwellings, multifamily dwellings, and mobilehomes in accordance with the population density from the latest California State Department of Finance data.

The basis for determining the total number of each type of dwelling unit shall be the number of new dwelling units proposed by the subdivider for the property being subdivided. The term "new

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City of Moorpark, CA § 16.44.030

MOORPARK CODE

§ 16.44.050

dwelling units" does not include dwelling units lawfully in place prior to the date on which the tentative map is approved or dwelling units which, under the zoning regulations applicable at the time the tentative map is approved, could be built on the property without the prior issuance of a conditional use permit or other discretionary entitlement. (Ord. 334 § 1 Exh. A, 2006)

The amount of land required to be dedicated by a subdivider for park and recreational purposes shall be based upon the additional population expected to be generated by the proposed subdivision, and shall be computed on the basis of five net acres for each 1,000 persons. The amount of additional population expected shall be determined by multiplying the number of new dwelling units proposed for the gross area within the subdivision by the number of persons anticipated to reside within each new dwelling unit as specified in Section 16.44.030 of this chapter. The number of additional persons expected to reside within the subdivision according to the above computation shall be divided by 1,000 and the result shall be multiplied by five to determine the amount of acreage to be dedicated.

In the event the area to be dedicated is bounded or abutted by existing or proposed street frontage, the subdivider shall, at the time of approval of the tentative map, obligate himself/ herself by condition to said map to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full city standards, to stub-in requested utility line services to the park facility, to provide all standard improvements required by the city plus initial on-site grading required for developing the park facility; provided, however, that with the approval of the city council, and in lieu of making said improvements, the subdivider may pay a sum equal to 20% of the fair market value of the dedicated land to cover the cost of said improvements. Fair market value shall be determined, as of the date on which the parcel or final map is filed, in the manner set forth in Section 16.44.050 of this chapter.

(Ord. 334 § 1 Exh. A, 2006)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of usable park land which would otherwise be required to be dedicated pursuant to Section 16.44.040 of this chapter, and shall be determined in accordance with the following formula:

The number of acres of land which would otherwise be required to be dedicated multiplied by the average fair market value of an acre of usable park land within the subdivision. The term "usable park land" means land having a terrain of less than 4% slope. Fair market value shall be determined, as of the date on which the parcel or final map is filed, as follows:

• A. The city manager or his/her designee and the subdivider may agree to the fair market value; or

• B. If the city manager or his/her designee and the subdivider are unable to agree to the fair market value, either party may, at the subdivider's expense, obtain an appraisal of the property by an impartial qualified real estate appraiser approved by the city manager or his/ her designee, which appraisal shall be considered by the city manager or his/her designee in reaching a decision as to fair market value. The city manager or his/her designee decision

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City of Moorpark, CA § 16.44.050

SUBDIVISIONS

In addition to the fee to be paid in lieu of land dedication, the subdivider shall also pay an amount equal to 20% of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full city standards, stubbing-in of requested utility line services to the park facility, all standard improvements required by the city, and initial on-site grading required for developing the park facility. If plans have been established for a park site to be purchased totally or in part with said funds, this additional contribution may, at the discretion of the city manager or his/her designee and the city council consist of development of the planned site on a pro rata basis in the same ratio as the cash paid in lieu of dedication bears to the total cost of the planned park.

Where the city council, and the subdivider all so agree, all or part of the in-lieu fee and any additional improvement fee may, instead of being paid in cash, be paid by making improvements of equivalent value to existing or projected parks either inside or outside of the subdivision. The estimated cost of such improvements shall be determined in the manner provided in Chapter 16.16 of this title for estimating the cost of improvements to a subdivision, and such estimated cost, less the 10% increment for contingencies, shall be deemed to be the value of such improvements for the purposes of offsetting fees pursuant to this section. Such improvements shall be provided for by an improvement agreement and improvement security meeting the requirements of Chapter 16.16 of this title.

(Ord. 334 § 1 Exh. A, 2006)

Where usable 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 the future residents of the subdivision, up to a maximum of 50% of such private open space may be credited against the requirement of land dedication or payment of fees in lieu thereof if the city council finds that it is in the public interest to do so and that all of the following standards are met:

• A. That yards, setbacks, and other open areas required to be maintained by the zoning and building provisions of this code shall not be included in computing the amount of such private open space;

• B. That the private ownership and maintenance of the open space shall be adequately provided for in writing;

• C. That the use of the private open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be eliminated without the consent of the city;

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

• E. That the facilities proposed for the private open space are in substantial compliance with the provisions of the Moorpark open space, conservation and recreation element.

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City of Moorpark, CA § 16.44.060

MOORPARK CODE

§ 16.44.070

The city council shall determine what percentage of credit, up to the maximum of 50% that shall be allowed in the particular subdivision to which the map pertains.

• (Ord. 334 § 1 Exh. A, 2006)

The procedure for determining whether a subdivider is to dedicate land, pay a fee in lieu thereof, or do both shall be as follows:

• A. At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of the filing, indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for such purposes, the subdivider shall propose the area thereof on the tentative map as submitted or, if the land lies outside of the subdivision, the subdivider shall submit a legal description of such land together with the tentative map.

• B. For a subdivision requiring the approval of a tentative and a parcel map, the city manager or his/her designee and the city council shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination of both. The dedication of land lying outside of the subdivision may be required only if the subdivider has indicated that the subdivider desires to dedicate such land. In the event that a dedication of land is required, the city council shall determine prior to approval of the tentative map the location of the dedication. In the event that in-lieu fees are to be required, the city council shall determine prior to approval of the tentative map the amount of land for which in-lieu fees are to be accepted. For a subdivision requiring the approval of a tentative and a final map, the city council shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination of both. The dedication of land lying outside of the subdivision may be required only if the subdivider has indicated that the subdivider desires to dedicate such land. In the event that a dedication of land is required, the city council shall determine, prior to approval of the tentative map, the location of the dedication. In the event that in-lieu fees are to be required, the city council shall determine prior to approval of the tentative map the amount of land for which in-lieu fees are to be accepted.

cated that the subdivider desires to dedicate such land. In the event that a dedication of land is required, the city council shall determine, prior to approval of the tentative map, the location of the dedication. In the event that in-lieu fees are to be required, the city council shall determine prior to approval of the tentative map the amount of land for which in-lieu fees are to be accepted.

• C. When land dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act and of Section 16.44.080 of this chapter. When fees are required, they shall be deposited with the city prior to recordation of the parcel or final map, except as otherwise provided in Section 16.44.050 of this chapter with respect to fees paid by making improvements to existing or projected parks rather than by paying cash. If a subdivision covered by a tentative map is recorded in phases, the in-lieu fees shall be allocated pro rata amongst the various phases according to the relative area covered by the parcel or final maps constituting such phases. All fees so deposited shall be held until such time as the parcel or final map is approved, rejected, or withdrawn by the subdivider. If the parcel or final map is rejected or withdrawn, the fees so deposited shall be returned without interest to the subdivider. Open space covenants for private park or recreational facilities must be approved by the city manager or his/her designee upon the advice of the city attorney prior to approval of the parcel or final map, and shall be recorded concurrently with the parcel or final map.

• D. The determination whether to require a land dedication, the payment of a fee in lieu thereof, or a combination of both, shall be made upon consideration of the following factors:

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City of Moorpark, CA § 16.44.070

SUBDIVISIONS

Real property dedicated under the provisions of Section 16.44.050 et seq., of this chapter shall be conveyed by grant deed in fee simple absolute to the city of Moorpark by the subdivider free and clear of all encumbrances except those which will not interfere with use of the property for park and recreational purposes and which the city of Moorpark agrees to accept. Required deeds shall be deposited with the city of Moorpark prior to recordation of the parcel or final map. If the subdivision covered by a tentative map is recorded in phases, said deeds covering all the land to be dedicated on account of such subdivision shall be so deposited prior to recordation of the parcel or final map constituting the first phase. If the parcel or final map is rejected or withdrawn, the deeds shall be returned to the subdivider. The subdivider shall provide all fees and instruments required to convey the land plus title insurance in favor of the city of Moorpark in an amount equal to the value of the property being conveyed. (Ord. 334 § 1 Exh. A, 2006)

Any fees collected pursuant to Section 16.44.050 et seq., of this chapter shall be committed within the time limits specified in Section 66477 of the Subdivision Map Act or, if not so committed, shall be distributed as provided in said Section 66477. (Ord. 334 § 1 Exh. A, 2006)

The land and fees received under Section 16.44.050 et seq., of this chapter shall be used only for the purpose of providing park and recreational facilities, and the amount and location of land to be dedicated, the fees to be paid in lieu thereof, or any combination of dedication and fees shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision.

(Ord. 334 § 1 Exh. A, 2006)

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City of Moorpark, CA

SUBDIVISIONS

§ 16.48.010

§ 16.48.030