Land or fees required under this section shall be conveyed or paid directly to the city. The city, in accepting such land or funds, shall develop the land or use the funds as provided in this section:
A. Use of land and fees. The land, fees or combination thereof are to be used only for the purpose of providing park or recreational facilities which will reasonably serve or benefit future residents of such subdivision.
B. Establishment and development time. Any fees collected hereunder shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they 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 within the subdivision.
C. Exceptions for small subdivisions. Only the payment of fees shall be required in subdivisions of fifty (50) parcels or less, except as provided in Cal. Gov't Code § 66477(g).
D. Standards for dedication. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of benefits of the park and recreational facilities by the future residents of the subdivision. The City Council establishes a ratio of five (5) park acres to one thousand (1,000) population, in accordance with the Subdivision Map Act.
E. Population density. Population density for the purpose of this chapter shall be determined in accordance with the latest Census of Population on Housing. Mean population per dwelling unit is as follows:
1. Single Family Dwelling Units = 3.5 persons per dwelling unit; and
2. Two-Family Dwelling Units = 3.5 persons per dwelling unit; and
3. Multiple Family Dwelling Units = 2.0 persons per dwelling unit; and
4. Mobile Home Dwelling Units = 1.7 persons per dwelling unit.
The basis for determination of the total number of dwelling units shall be the number of such units permitted by, or pursuant to the zoning ordinance, or as otherwise specified by the Planning Division on property included in the subdivision at the time the final subdivision map is filed for approval.
F. In-lieu fee. When a fee is to be paid in lieu of the dedication of land, the amount of that fee shall be based upon the current fair market value of vacant land in the immediate vicinity. “Fair Market Value” (FMV) shall be determined upon approval of the tentative map in accordance with the following:
1. The fair market value as determined by staff and approved by the Planning Commission; or
2. If the subdivider objects to such evaluation, he or she may, at his or her expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, whose appraisal may be accepted by the Planning Commission if found reasonable.
If a proposed subdivision contains fifty (50) parcels or less, only the payment of fees, as provided herein, shall be required. However, when a condominium project, stock cooperative or community apartment project exceeds fifty (50) dwelling units, dedication or payment of fees shall be required notwithstanding that the number of parcels may be less than fifty (50).
G. Amount of fee. The basis of said in-lieu fee shall be the current fair market value of prime park land in accordance with the General Plan.
(Based on appraisal of FMV per square foot)
43,560 sq. ft. per acre x 100% of $FMV - $ per acre
5 Acres (Req.) x Population of Subdivision x FMV ($ per acre)
Combination of Dedication and Fees
5 Acres - Dedication x Population of Subdivision x FMV ($ per acre)
