Moraga Municipal Code Art. 4 Credit

In common interest developments (as defined in Section 1351 of the Civil Code), where private open space or recreational facilities within the development, usable for active recreational uses, is provided and such area is to be privately owned and maintained by the future owner(s) of the development, the town council after recommendations from the parks and recreation commission, may give partial credit, not to exceed fifty (50) percent, against the requirement of land dedication or payment of fees. An application for partial credit must be made to the parks and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for official town review. Following action by the planning commission on the tentative map, the question of partial credit shall be scheduled for consideration by the town council. Partial credit may be given only if the town council finds that it is in the public interest to do so and that the standards set forth in Section 8.140.120 are met.

(Ord. 178 § 4, 2000: prior code § 8-6230)

The standards for partial credit are that:

A. Yards, median strips, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such credit;

B. The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions;

C. The use of the private open space and facilities is 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 tract and which cannot be amended or eliminated without the consent of the town, or its successor;

D. The proposed private open space and facilities are reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

E. Those elements proposed for the area are in substantial accordance with the provisions of the park and recreation elements of the general plan; and

F. The open space and/or facility for which credit is given is usable for active recreational uses and satisfies the requirements of subdivision 1 or 2 of this subsection or a combination thereof:

1. A minimum of two contiguous areas which provide a minimum of four of the elements listed below:

* These bicycle, hiking and/or equestrian trails refer to neighborhood trails used primarily by residents living inside the proposed subdivision, but which may join a community or regional trail system. (Under California Government Code Section 66475.5 a developer of over two hundred (200) parcels may be required to dedicate bicycle paths.)

2. Other recreational improvements as agreed to by the parks and recreation commission that meet the specific recreation and park needs of the future residents of the development.

(Prior code § 8-6231)

The town council, upon recommendation from the parks and recreation commission, may give full or partial credit against the requirement of land dedication or payment of fees for on and off-site public park and open space projects which the council finds are of major benefit to the entire community and which are dedicated for a public use. However, credit for public bicycle, hiking and/or equestrian trails may not exceed fifty (50) percent. "Public trails," as used in this section, are those used on a regional or community-wide basis or which serve as a major artery for a community or regional trail system, and which are used primarily by residents living outside the subdivision.

If a subdivider provides park and recreational improvements to the dedicated land which are acceptable to the parks and recreation commission, the value of the improvements shall be a credit against the payment of fees or dedication of land.

The town council, upon recommendation from the parks and recreation commission, shall make the final determination as to credit given under this section.

(Prior code § 8-6232)

A. General. The requirements of this chapter may be reduced for a senior citizen residential, development in accordance with this section. Such a modification, if granted, may constitute a financial incentive (alternative to a density bonus) under Government Code Section 65915(a).

B. Definitions. A "senior citizen residential development" is a development in which ninety (90) percent or more of the residential units are constructed specifically for senior citizens. A "senior citizen" means a person fifty-five (55) years of age or older. A development may qualify for modification under this section if the senior citizen use is established by either: (1) the nature of the proposed use, e.g., a convalescent hospital; or (2) a recorded deed restriction providing for senior citizen use for a period of at least thirty (30) years, in a form acceptable to the town attorney. Only multiple dwelling units with common kitchen and dining facilities will be considered for credit under this section.

C. Criteria. The town may reduce the requirements for the dedication of land or payment of fees for a senior citizen residential development based upon the following criteria:

1. The percentage of units proposed for use by senior citizens;

2. The projected use of town park and recreational facilities by residents;

3. If applicable, the degree to which the town will provide either a density bonus or other incentives under Government Code section 65915;

4. The projected use of the proposed facilities by the residents of the town, e.g., senior citizens' programs and facilities open to the general public.

D. Procedure. Before a development is granted a modification under this section: (1) the planning commission must determine whether it qualifies as a senior citizen residential development; (2) the parks and recreation commission shall evaluate the factors in subsection C of this section and make a recommendation to the town council; and (3) the town council shall, by resolution, determine the amount of land to be dedicated or fee to be paid.

(Prior code § 8-6233)