§ 9-19

a.

General. As a condition of approval of a tentative map, the subdivider shall reserve site, as appropriate in area and location, for fire stations, libraries or other public uses according to the standards and formula contained in this section. This requirement is pursuant to California Government Code, Sections 66479— 66482.

b.

Standards for Reservation of Land. Where a fire station, library or other public use is shown on the General Plan or an adopted specific plan, or called for by policies of the Novato General Plan the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

c.

Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years

after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement.

d.

Payment to Subdivider. The purchase price for the reserved area shall be not more than the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

e.

Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate.

f.

Right to Reacquire. The deed for such dedicated land shall provide that the property shall only be used for the public use identified as the basis for reservation. If not so used within ten years, the subdivider shall have the right of first refusal to reacquire the dedicated property on the same terms as initially acquired by the public agency, including the cost of any improvements.

(Ord. No. 1128, § 27)

9-20 - Park Dedications and In-Lieu Fees.

9-20.002 Purpose. This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the Recreation Policies of the Novato General Plan.

(Ord. No. 1124, § 2)

9-20.004 Requirements. As a condition of approval (whether or not expressly stated in the conditions of approval) of a tentative map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this section.

(Ord. No. 1124, § 2; Ord. No. 1478, § 1)

9-20.006 General Standard. It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that 4.5 acres of property for each 1,000 persons residing within this city be devoted to neighborhood and community park and recreational purposes.

(Ord. No. 1124, § 2)

9-20.008 Formula for Dedication of Land.

a.

Where a park or recreation facility has been designated in the Novato General Plan, or is called for by the Recreation Policies of the Novato General Plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formulas:

1.

The formula for determining acreage to be dedicated shall be as follows:

(Example for single-family dwelling unit (DU)):

2.749 × 4.5 / 1,000 = .0124 Acres/DU

2.

The following table of population density has been established pursuant to Section 66477 of the Government Code.

Park Land Dedication Formula Table

b.

Dedication of the land shall be made in accordance with the procedures contained in subsection 9-20.022 hereof.

c.

For the purpose of determining the amount of the land or in lieu fee required by this section, the number of new dwelling units shall be based upon the number of parcels indicated on the 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. In the case of a condominium project, the number of new 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.

d.

The subdivider shall, without credit:

1.

Provide full street improvements and utility connections including, but not limited to, curbs, gutters, 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.

4.

Provide other minimal improvements including, but not limited to removal of debris, clearing of the site, and temporary hydroseeding which the director of parks and recreation determines to be essential to the acceptance of the land for recreational purposes.

e.

The location, size and configuration of the land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director or parks and recreation.

(Ord. No. 1124, § 2; Ord. No. 1280, §§ 1, 2; Ord. No. 1478, § 2)

9-20.010 Formula for Fees In Lieu of Land Dedication.

a.

General Formula. If there is no park or recreational facility designated in the Novato General Plan, or called for in recreation policies of the Novato General Plan, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicated land, pay a fee. The fee shall be equal to the value of the land which would have been required for dedication in subsection 9-20.008 hereof. The value of the land shall be determined in accordance with the provisions of subsection 9-20.014 hereof. Such fees shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

b.

Fees in Lieu of Land; 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee and in an amount determined in accordance with the provisions of subsection 9- 20.014 hereof.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the approving body.

c.

Use of Money. The money collected hereunder shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, including, but not limited to, the purchase of land and/or the improvement of land, as well as the payment of consultation fees, feasibility studies, environmental review costs, professional services and other similar costs and expenses associated therewith.

(Ord. No. 1124, § 2; Ord. No. 1478, § 3)

9-20.012 Criteria for Requiring Both Dedication and Fee. In subdivisions of more than 50 parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

a.

When only a portion of the land to be subdivided is proposed on the Recreation Facilities Map or is called for by Recreation Policies of the Novato General Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of subsection 9-20.014 hereof shall be paid for the value of any additional land that would have been required to be dedicated pursuant to subsection 9-20.008 hereof.

b.

When a major part of the local park or recreation site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site such remaining portion shall be dedicated and a fee computed pursuant to the provision of subsection 9-20.014 hereof shall be paid in an amount equal to the value of the land not dedicated, such fees to be used for the improvement of the existing park and recreation facility or for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

(Ord. No. 1124, § 2; Ord. No. 1478, § 4)

9-20.014 Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the average fair market value, at the time the final map or parcel map is filed, of the amount of land which would otherwise be required for dedication pursuant to subsection 9-20.008. The fee shall be determined by the following formula:

Where:

DUs = Number of dwelling units as defined in subsection 9-20.008.

POP = Population per dwelling unit.

DU

FMV/Buildable Acre = Fair market value for a typical acre located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

FMV/Buildable Acre shall be determined annually as adopted by city council resolution. The amount of the fee applicable to a particular subdivision shall be determined in accordance with the city council resolution in effect at the time the final map or parcel map is filed.

Fees to be collected pursuant to this section shall be approved by the director of parks and recreation.

(Ord. No. 1124, § 2; Ord. No. 1478, § 5)

9-20.016 Alternate Valuation Method When Requested by Subdivider.

a.

If the subdivider objects to the FMV/Buildable Acre valuation adopted by the city council pursuant to subsection 9.20.014, the subdivider may request that the city obtain an appraisal of the subdivision property by a qualified real estate appraiser selected by the city. All costs required to obtain such appraisal shall be borne by the subdivider who shall deposit with the city the city's estimated cost for performing the appraisal prior to the commencement of the appraisal work. Such appraisal shall be considered by the city in determining the FMV/Buildable Acre. Once the subdivider has elected to utilize this alternate method for determining the FMV/Buildable Acre, the subdivider may not reverse that decision and elect instead to utilize the valuation adopted by the city council.

b.

A subdivider requesting an appraisal must make such request no more than three months prior to the filing of the final map or parcel map. If the subdivider is delayed in the filing of the final map or parcel map so

that more than four months separate the date the appraisal was completed and the final map or parcel map filing, the subdivider shall be required to pay for a new or supplemental appraisal.

c.

For the purpose of determining the FMV/Buildable Acre pursuant to this subsection, the city and the appraiser shall consider, but not necessarily be limited to, the following:

1.

Approval of and conditions of the tentative subdivision map;

2.

The general plan;

3.

Zoning;

4.

Property locations;

5.

Off-site improvements facilitating use of the property;

6.

Site characteristics of the property.

d.

If the subdivider objects to the FMV/Buildable Acre determined by the city after the completion of the appraisal, he/she may appeal to the city council, pursuant to subsection 9-3.010. The burden of proof shall lie with the subdivider.

(Ord. No. 1124, § 2; Ord. No. 1478, § 6)

9-20.018 Determination of Land or Fee.

a.

Whether the approving body 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 natural features, access, and location of land in the subdivision available for dedication;

The size and shape of the subdivision and land available for dedication;

3.

The feasibility of dedication;

4.

The compatibility of dedication with the Novato General Plan; and,

5.

The location of existing and proposed park sites and trailways.

b.

The determination of the approving body as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be subject to appeal pursuant to subsection 9-3.010.

(Ord. No. 1124, § 2)

9-20.020 Credit for Private Recreation Facility. No credit shall be given for private recreation facilities or open space in the subdivision except as hereinafter provided. Where private facilities usable for active recreational purposes are provided in a proposed planned development, real estate development, stock cooperative, or community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, or condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed 50 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the approving body finds that it is in the public interest to do so and that the following standards are met:

a.

Yards adjacent to each residential unit, 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

b.

Private park and recreation facilities shall be owned by a homeowners' association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100 percent affirmative vote of the membership, 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, or subject to a covenant running with the land requiring continued operation by the developer or owner;

c.

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

d.

The proposed private open space is reasonably adaptable for use for park and recreation purposes, including recreational community gardening, children's play apparatus areas, picnic areas, hiking, jogging, and bicycle trails and paths, or landscaped exercise areas, taking into consideration such factors as size, shape, topography, geology, access, and location; and,

e.

Facilities proposed are in substantial accordance with the provisions of the Recreation Policies of the Novato General Plan; and,

f.

The private facilities for which credit is given generally provide the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area;

1.

Recreational areas, which are generally defined as parks' areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than 5 percent slope.

2.

Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar areas especially designed and exclusively used for court games.

3.

Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, spas, or both. They must also include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and typically consisting of 450 square feet of water surface area for each 1,000 population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

4.

Children's play facilities such as slides, swings, climbing structures, and sandboxes.

5.

Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

g.

The determination of the approving body as to whether credit shall be given and the amount of credit shall be subject to appeal pursuant to subsection 9-3.010.

(Ord. No. 1124, § 2)