§ 16.52

As a condition of approval of any tentative map and prior to the approval of every final map, the City shall require dedication of a portion of such land, payment of a fee in lieu thereof, or a combination of both, as set forth in this Chapter, for the purpose of establishing and developing park and recreational facilities to serve the future residents of such subdivided property.

As used in this Chapter, the following terms are defined in this Section:

A. “Average Population per Dwelling Unit” means 3.70 residents per dwelling unit as based on the most recent data available in the form of the federal and state census and study on the population density in the City.

B. “Fair Market Value” means the market value of the land as determined by staff of the City, and approved by the Planning Commission or City Council, prior to the approval of the tentative map. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City, whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of City and subdivider; however, any and all decisions of the City as to fair market value shall be final and conclusive;

C. “Number of Dwelling Units” means the number of dwelling units as determined by the City based upon the number of units allowed pursuant to the standards of the Development Code of the City or as otherwise specified by the City on the property included in the subdivision at the time the tentative map is filed with the City Council for approval;

D. “Planned Park Land Density per One Thousand (1,000) Population” shall be equal to three (3) acres of park property per one thousand (1,000) population of persons residing within the City, as determined by the standards of the recreation element of the General Plan of the City.

Whenever required by the terms of this Chapter, land for park and recreation purposes shall be dedicated in the amount of three (3) acres of land for each one thousand (1,000) persons residing within the subdivision.

When the payment of in-lieu fees are required under the terms of this Chapter, such fees shall be calculated, on a per residential unit basis, as follows:

B. If a proposed subdivision contains fifty (50) parcels or less, only the payment of fees, as provided herein, shall be required, unless otherwise agreed by the City and the developer. 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 dwelling units may be less than fifty (50).

The requirements of this Chapter shall be complied with prior to the approval of the final map or parcel map by the provision of park land in whole or in part, the payment of a park fee, or by a combination of both as required by City. A. Subdivider. At the time of filing a tentative map application, the subdivider shall, as part of such filing, state in writing whether it is desired to dedicate property for park and recreational purposes or to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract map as submitted.

B. Action of City. At the time of the tentative tract map approval, the City shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of a fee in lieu thereof or a combination of both.

C. Prerequisites for Approval of Final Maps. Where dedication is offered and accepted, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the final tract map.

D. Determination. The City shall determine whether to require land dedication, require payment of a fee in lieu thereof or a combination of both, by consideration of the following:

1. Recreation element of the General Plan;

2. Topography, geology, access and location of land in the subdivision available for dedication; and

3. Size and shape of the subdivision and land available for dedication.

E. Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited up to seventy-five percent (75%) against the requirement of a dedication for park and recreation purposes, or the payment of fees in lieu thereof, provided the City finds it is in the public interest to do so, and that the following standards are met:

1. That yards, court areas, setbacks and other open area required to be maintained by the zoning, land use district and building regulations shall not be included in the computation of such private open space;

2. That the private ownership and maintenance of the open space is adequately provided for by written agreement;

3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract;

4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

5. That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan and are approved by the Planning Commission and/or City Council.

A. The provisions of this Chapter do not apply to commercial or industrial subdivisions or to condominium projects which consist of the subdivision airspace in an existing apartment building which is more than five (5) years old, when

no new dwelling units are added.

B. Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempt from the requirements of this Chapter, 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 (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition of the issuance of such permit.