Chapter 16.23
DEDICATIONS OF LAND FOR PARKS AND RECREATIONAL PURPOSES

Sections:

16.23.010    Authority and purpose.

16.23.020    Dedication requirement.

16.23.030    General standard.

16.23.040    Standards and formula for dedication of land.

16.23.050    Subdivision not within the general plan.

16.23.060    Determination of land.

16.23.070    Procedure.

16.23.080    Payment of park development impact fees.

16.23.090    Credit for land dedication.

16.23.010 Authority and purpose.

This section is enacted pursuant to the authority of California Government Code section 66477 and the general police power of the city, and is for the purpose of providing land for such additional park, recreational facilities, and open space as may be deemed appropriate under the park and recreation element of the city general plan and/or any park and recreational plan adopted by the city recreation and cultural services commission. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.020 Dedication requirement.

A.    A final subdivision map for residential use where building plans are available and concurrently approved, so that the number of proposed bedrooms can be determined; or

B.    Any use permit, design review approval, or other zoning permit of a multiple-family dwelling project of five or more units or a mobile home park or three or more spaces; or

C.    A building permit for the construction of a single or multiple family dwelling; the owner or applicant shall dedicate land, for park and recreational purposes according to the standards and formula contained in this section. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.030 General standard.

It is found and determined by the city council that the public interest, convenience, health, welfare and safety require that three acres of land for each one thousand persons residing within the city be acquired and devoted to city park, open space, and recreational purposes. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.040 Standards and formula for dedication of land.

Where a park, recreational facility or open space has been designated in the City of Marina park and recreation plan or in an element of the city general plan, and it is to be located in whole or in part within a proposed subdivision of more than fifty parcels or in the vicinity of a multiple-family dwelling project of five or more units so as to serve the immediate and future needs of the residents of the subdivision or multiple-family dwelling project, the owner or developer shall dedicate land for a city park sufficient in size and topography to serve the residents of the subdivision or multiple-family dwelling project. The amount of land to be dedicated shall be determined to the following standards and formula:

A.    Formula. The formula for determining the amount of acreage to be dedicated, based upon the general standard of three acres per one thousand population, shall be the average number of persons per unit, as set forth in the standard herein below, divided by one thousand over three; or stated otherwise:

Average Number of Persons Per Unit

1000 population (.333)

= Acres to be Dedicated

divided by 3 acres

B.    Standard for Density. In applying the above formula, the following table of density standards shall be applied, to arrive at the following stated amounts (percentage) of acres to be dedicated per dwelling unit:

Type of Dwelling

Average Density Per Dwelling Unit

Acreage to be Dedicated Per Dwelling Unit

Single Family

3.6

.0108

Duplex

3.1

.0093

Condominium

2.4

.0072

Apartments

2.4

.0072

Mobile Home Park

2.0

.0060

Dedication of the land as required in the foregoing shall be made in accordance with the procedures contained in Section 16.23.070. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.050 Subdivisions not within the general plan.

Where a proposed subdivision or family dwelling project lies within an area not then in but to be included with the city general plan, the owner developer shall dedicate land in accordance with the adopted principles and standards of the park and recreation plan or the general plan and in accordance with the provisions of this chapter. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.060 Determination of land.

Whether the city council accepts land dedication or not shall be determined by consideration of the following:

A.    Compatibility with the city’s general plan;

B.    Topography, geology, access, and location of land in the subdivision or multiple-family dwelling project available for dedication;

C.    Size and shape of the subdivision or multiple-family dwelling project and land available for dedication;

D.    The feasibility of dedication;

E.    Compatibility of dedication with the city park and recreation plans;

F.    Availability of previously acquired park property; and

G.    The parcel being dedicated for public park use exceeds one acre in size or can be combined with existing facilities.

The determination of the city council as to whether land shall be dedicated or not shall be final and conclusive. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.070 Procedure.

At the time of approval of the tentative subdivision map or issuance of the necessary permits for construction of a single or multiple-family dwelling project or mobile home park, the city council shall determine whether land is to be dedicated by the owner or developer or not. At the time of the filing of the final subdivision map or at the time of the issuance of such necessary permit, the owner or developer shall dedicate land as previously determined by the city pursuant to the terms of this chapter. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.080 Payment of park development impact fees.

Regardless of land dedication, the most currently adopted park development impact fee as defined in Chapter 3 of the Marina Municipal Code shall be paid at the issuance of any building permit for new development within the city pursuant to Marina Municipal Code, Chapter 3.26. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)

16.23.090 Credit for land dedication.

For the purposes of this Chapter, it is deemed and determined that a credit of one hundred fifty thousand dollars per acre of land dedicated and accepted by the city for the use of parks and recreation will be applied to the park development impact fee described in Section 16.23.080. (Ord. No. 2008-02, § 4(Exh. A), 4-15-2008)