Moraga Municipal Code Art. 3 Standard for Area and Fees

The amount of land to be dedicated, or the fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development.

The amount of land dedicated or fees paid is based upon the residential density, which shall be determined on the basis of the tentative map and the average household size.

The dedication of land, or the payment of fees, or both, shall be the proportionate amount necessary to provide three acres of park area per one thousand (1,000) persons residing within a subdivision.

No fee or land dedication is required on a parcel for which park dedication requirements have previously been met.

(Prior code § 8-6220; Ord. No. 262, § 2, 5-25-2016)

The amount of land to be dedicated shall be determined according to the following standards and formula:

A. The town requirement of three acres per one thousand (1,000) persons is the same as .003 acre (or one hundred thirty-one (131) square feet) per person.

B. The average number of persons per dwelling unit for the following household classifications shall be as established in the adopted 2016 Development Impact Fee Nexus Study, or as such study may be updated and adopted by the town council from time to time:

i. Single Family Detached

ii. Single Family Attached/Townhouse

iii. Multi-Family/Mixed Use

iv. Senior Housing

v. Miscellaneous (Residential)

C. The amount of land to be dedicated is determined by the following formula:

For example, the area required for dedication for a subdivision of one hundred (100) single-family residential units, with an average number of persons per dwelling unit of 3.40 would be:

100 × 3.40 × .003 = 1.02 acres

(Example calculation only, actual persons per dwelling unit to be determined per Section B., above)

(Ord. 221 § 1 (part), 2008; Ord. No. 262, § 3, 5-25-2016)

A. General Formula. When a fee is to be paid in lieu of land dedication, the fee shall be equal to the value of the land prescribed for dedication in Section 8.140.080 and in an amount determined in accordance with subsection B of this section.

B. Amount of Fee. When a fee is to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication under Section 8.140.080, as established in the adopted 2016 Development Impact Fee Nexus Study, or as such study may be updated and adopted by the town council from time to time.

C. Fees in Lieu of Land—Fifty (50) Parcels or Less. Only the payment of fees, not the dedication of land, may be required in subdivisions containing fifty (50) parcels or less.

However, nothing in this subsection precludes the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the town council.

(Ord. 221 § 1 (part), 2008; Ord. No. 262, § 3, 5-25-2016)

The town council may approve a combination of fee payment and land dedication.

(Prior code § 8-6224)