Moraga Municipal Code Art. 6 Procedures

At the time of the submittal of a tentative map for official town review or application for building permit when no map is required, the developer shall, as part of such filing or application, indicate whether he or she prefers to dedicate land or facilities or both for park and recreation purposes, or to pay a fee in lieu thereof, or do a combination of these. If the developer prefers to dedicate land, the specific land shall be recommended. The developer must clearly identify those elements for which he is requesting partial credit. Additionally, the developer shall provide evidence as to how the dedicated facilities or land are to be maintained.

(Prior code § 8-6250)

At the time of approval of a tentative or parcel map, the town council, upon recommendations of the parks and recreation and planning commissions, shall determine whether to require a dedication of land, payment of a fee in lieu thereof, or a combination of both. In making this determination, the town council shall consider the following factors:

A. Whether or not lands offered for dedication will substantially comply with the recreation, parks and open space elements of the general plan;

B. The topography, soils, soil stability, drainage, access, location and general utility of the land in the development available for dedication;

C. The size and shape of the development and land available for dedication;

D. The potential use of adjacent land (i.e., school playgrounds or public park lands) in combination with dedicated lands for the development of local park and recreation facilities and open space;

E. The space or local park and recreation facilities to be privately owned and maintained by future residents of the development; and

F. Credit to be given under Article 4 of this chapter.

(Prior code § 8-6251)

The determination of the town council to require land dedication, payment of a fee, or a combination of both, and the amount of partial credit to be given, is final and conclusive.

(Prior code § 8-6252)

A. Land. When land is to be dedicated, it shall be offered for dedication in the manner provided for by law for the dedication of streets and other easements. When a recorded covenant concerning the ownership, maintenance or use of private areas and facilities for park and recreational purposes under Section 8.140.120(B) or (C) is required, the covenant shall be submitted to the town for approval before approval of the final map, parcel map or building permit, whichever occurs first. Such covenants shall be recorded at the same time as the final or parcel map, or if there is no map, when the building permit is issued.

B. Fees. When a fee is required, it shall be paid to the park dedication fund of the town at the time of the recording of the final map or parcel map or issuance of a building permit, whichever occurs first.

(Prior code § 8-6253)

When a development project (as shown on a tentative map) exceeds seventy-five (75) dwelling units, the developer may pay the park dedication fees in increments as provided in this section.

The incremental payments shall be made as follows:

A. The fees for twenty-five (25) percent of the dwelling units shown on a final map shall be paid when that final map is approved.

B. The fees due on the remaining seventy-five (75) percent of the units shall all be paid when the first building permit is applied for.

(Prior code § 8-6254)

At the time the town approves the final map, parcel map or building permit, the town shall designate when the developer must begin and complete development of the park and recreational facilities, including either on site or off site improvements. A report of same shall be made to the planning commission and parks and recreation commission.

(Prior code § 8-6255)

The fees and interest earned thereon shall be accounted for by the town until committed by the town.

(Prior code § 8-6256)

The parks and recreation commission shall make recommendations to the town council concerning maintenance and public liability associated with each dedication of land or facilities.

(Prior code § 8-6257)

A. If the land in a final subdivision map or parcel map is reverted to acreage and the fees paid have not been committed, the town council may order return of the fees and interest earned thereon, less administration costs, upon written request of the applicant.

B. If a building permit is cancelled or voided and the fees have not been committed, the town council may order return of the fee and interest earned thereon, less administration costs, upon written request of the applicant.

(Prior code § 8-6258)

A. A permit to repair or rebuild a dwelling unit damaged by act of God, fire, or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for within one year of the damage or destruction.

B. This chapter does not apply to subdivisions containing less than five parcels and not used for residential purposes. However, the town shall place the following condition on the parcel map approval of such a subdivision:

If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each parcel is required to comply with this chapter before the permit is issued.

C. This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.

(Prior code § 8-6259)