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(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)
(A) No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in § 4175 or 6562 of the Civil Code, partial credit, not to exceed 45%, shall be given against the requirement of and dedication or payment of fees in lieu thereof if the city finds that it is in the public interest to do so and that all the following standards are met:
(1) Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and
(2) Private park and recreational facilities shall be owned by an owners’ association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership and approved by the city, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and
(3) Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor; and
(4) The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and
(5) The open space for which credit is given is a minimum of three acres and provides a minimum of five (5) of the local park basic elements listed as follows, or a combination of such, and other recreation improvements that will meet the specific recreation needs of future residents of the area:
Elements | Acres |
Elements | Acres |
1. Children’s play apparatus area | .50 to .75 |
2. Landscape park-like with quiet areas | .50 to 1.00 |
3. Family picnic area | .25 to .75 |
4. Game court area | .25 to .50 |
5. Turf playfield | 1.00 to 3.00 |
6. Swimming pool (42 feet by 75 feet with adjacent deck and lawn areas) | .25 to .50 |
7. Recreation center building | .15 to .25 |
(B) Before credit is given, the Community Development Director shall make written findings that the above standards are met.
(Ord. 951 C.S., passed 3-21-18)
(A) In advance of application for tentative map or parcel map, rezoning, or any other discretionary approval of residential development, the developer shall contact the Community Development Director to determine whether a park land dedication, a payment of in-lieu fee, or both will be applicable to the proposed residential development.
(B) At the time of approval of the tentative map or parcel map, rezoning, or any other discretionary approval of residential development, the Community Development Director shall determine, pursuant to § 10-2.1304 hereof, the land required for dedication. At the time of filing of final map, the subdivider shall dedicate the land, unless in-lieu fees are solely being required.
(C) If the Community Development Director requires in-lieu fee payment by the developer, the Community Development Director shall set the amount of land upon which the in-lieu fee will be based. In-lieu fees shall be established using current land values at the time of filing of final map with the formula set forth in § 10-2.1306. In-lieu fees, if required, shall be paid at time of building permit. Park development impact fees shall be paid at time of building permit.
(D) Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map.
(E) The land to be dedicated and/or in-lieu and park development fees to be paid, shall be subject to the latest adopted ordinances, resolutions, policies, and fees adopted by the City Council and in effect at the time of the final map review and approval.
(Ord. 951 C.S., passed 3-21-18)
(A) Fees pursuant to §§ 10-2.1306 and 10-2.1308 shall be paid to the City and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land or improvements related thereto.
(B) Collected fees shall be appropriated by the city to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payments or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
(C) If such fees are not so committed, these fees shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
(D) The City Director of Financial Services shall report to the city at least annually on income, expenditures, and status of the subdivision park trust fund.
(Ord. 951 C.S., passed 3-21-18)
(A) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this article; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as condition to the issuance of such permit.
(B) The provisions of this article do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added.
(Ord. 951 C.S., passed 3-21-18)
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