Ridgecrest Municipal Code Art. VII Park Acquisition and Development Fund

(a) Where private open space for recreation purposes is provided by a residential development, such areas in excess of the minimum Code requirement may be credited toward the fees required, the amount of credit to be determined by the planning commission. For the purposes of this section, open space shall include turfed and landscaped areas, recreation buildings and other facilities such as swimming pools and playing courts. Such credit toward fees shall be limited to a maximum of 50 percent of the required fee.

(b) When private open space is credited against the required park fees, the planning commission shall find that the following standards are met:

(1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space;

(2) That the private ownership and maintenance of the open space is adequately provided for by written agreement;

(3) That the use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land and which cannot be defeated or eliminated without the consent of the planning commission;

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

(5) That the planning commission make an assessment of the relationship between the proposed private open space to be credited and the total community recreation needs as set forth in the general plan. Those developments requesting credit for 25 percent or more of the park fees should be providing exceptional open spaces or recreation facilities for which the credited fees would otherwise be used.

(Code 1980, § 19-9.1; Ord. No. 87-01, § 70; Ord. No. 06-07, § 2)

(a) Land may be dedicated in lieu of the required fees if such a request is approved by the city council as being compatible with the city's goals and policies. The determination of the city council as to whether land may be dedicated shall be final and conclusive.

(b) When determining whether land may be dedicated in lieu of the fee payment, the planning commission shall make a recommendation to the council addressing site suitability based upon:

(1) The general plan;

(2) Topography, geology, access and location of the land available for dedication;

(3) Size and shape of the land available for dedication.

(c) The term "fair market value" shall be the figure used to determine the percentage of the required fees that the land dedication represents. The term "fair market value" may be determined by either of the following methods:

(1) The fair market as determined by the city council based upon the then assessed value, modified to equal market value in accordance with current practice of the county assessor; or

(2) The city and developer may agree as to the fair market value.

(d) When the land is to be dedicated, the developer shall give the deed to the land to the city at the time that a building permit is requested; however, the city will not record the deed until after the building permit is issued.

(Code 1980, § 19-9.2; Ord. No. 87-01, § 71; Ord. No. 06-07, § 2)