Loading...
It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that a minimum of three acres of property for each 1,000 persons residing within this city be devoted to local parks and recreational purposes. Said three acres are justified by the existing ratio of 2.202* acres of parks per 1,000 residents in the city, and the current maximum utilization of said acreage by the residents of Madera.
* 66,082 residents / 145.52 acres of parks = 454.109 residents per acre.
1,000 residents / 454.109 residents per acre = 2.202 acres per thousand residents.
(Ord. 951 C.S., passed 3-21-18)
(A) The formula for determining the minimum acreage to be dedicated is based on a standard of three acres of park area per one thousand members of the population, and shall be as follows:
Average number of persons per unit/1,000 population x 3 acres of parkland x number of units in subdivision/development = land to be dedicated per unit.
Development Type | Population Per Dwelling Unit |
Residential - Single Family | 3.85 |
Residential - Multi-family | 3.50 |
Residential - Mobile Home | 1.70 |
Example: for a subdivision of 120 units: 3.85/1,000 x 3 = 0.01155 x 120 = 1.386 acres to be dedicated (at a minimum).
(B) For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the tentative or parcel map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone, including any applicable density increases. In the case of a condominium project, the number of dwelling units shall be the number of condominium units. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.
(C) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes where the developer proposes such dedication voluntarily and the land is approved by the Community Development Director.
(D) Dedication of the land shall be made in accordance with the procedures contained in § 10-2.1311 hereof.
(Ord. 951 C.S., passed 3-21-18)
(A) The developer shall, without credit:
(1) Provide full street improvements and utility connections including, but not limited to, curbs, gutter, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;
(2) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;
(3) Provide improved drainage through the site; and
(4) Provide other minimal improvements which the city determines to be essential to the acceptance of the land for recreational purposes.
(B) The land to be dedicated and the improvements to be made pursuant to this section shall be reviewed at the tentative map stage in accordance with the criteria set forth in § 10-2.1309 and approved by the Community Development Director.
(C) Use of money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.
(Ord. 951 C.S., passed 3-21-18)
(A) 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 determined by the City Council per § 10-2.1307. The fee shall be determined by the following formula where:
DUs = number of new dwelling units as defined in § 10-2.1304
Pop DU = population per dwelling unit as defined in § 10-2.1304
FMV = fair market value determined by § 10-2.1307
Buildable acre = a typical acre of the subdivision, with a slope less than 10%, and located in other than an area on which building is excluded because of flooding, easements, or other restrictions
DUs | x | Pop DU | x | 3 acres 1,000 people | x | FMV buildable acre | = | in-lieu fee |
Example: 1 DU x 3.85 Pop per DU x 3 acres/1,000 = 0.01155 x $50,000 FMV per acre = $577.50 in-lieu fee. The $50,000 fair market value is used for example purposes only. The actual fair market value shall be determined by the City Council, consistent with § 10-2.1307.
(B) Fees to be collected pursuant to this section shall be reviewed by the Community Development Director to ascertain if they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the Community Development Director.
(Ord. 951 C.S., passed 3-21-18)
(A) The fair market value per buildable acre shall be determined by resolution adopted by the City Council.
(B) The fair market value per buildable acre shall be updated from time to time as directed by the City Council.
(C) If the developer objects to the fair market value, the city, at the developer’s expense, shall obtain an appraisal of the property by a qualified independent real estate appraiser, agreed to by the city and the developer, and the value established by said appraiser using standard recognized appraisal techniques to establish fair market value will be accepted as the fair market value of the land in the proposed development.
(Ord. 951 C.S., passed 3-21-18)
(B) The park development impact fee shall be established at the rate set forth by a resolution of the City Council.
(Ord. 951 C.S., passed 3-21-18)
(A) Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in § 1351 of the Civil Code, exceeds 50 dwelling units, dedication of land may be required, notwithstanding that the number of parcels may be less than 50.
(B) Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
(1) The General Plan and Parks Master Plan of the City of Madera.
(2) The natural features, access, and location of land in the subdivision available for dedication;
(3) The size and shape of the subdivision and land available for dedication;
(4) The feasibility of dedication;
(5) The compatibility of dedication with the Parks and Recreation Element of the General Plan; and
(6) The location of existing and proposed park sites and trailways.
(Ord. 951 C.S., passed 3-21-18)
Loading...