§ 13-256. Amount of fee in lieu of land dedication.

• (a) Where there is no public park or recreation facility required within the proposed subdivision, or where the subdivision contains 50 lots or fewer, the subdivider shall pay a fee in lieu of land dedication reflecting the value of land required for park and recreation purposes in accordance with the schedule of fees as adopted by resolution of the city council. This fee shall reflect the average fair market value of neighborhood and community park land within the city. The fair market value shall be determined by an appraisal of at least one neighborhood park site and one community park site. The appraisal shall be conducted by an M.A.I. appraiser and shall consider the factors set forth in subsection (e) , where applicable to the appraisal of public park land.

• (b) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 lots or fewer, where the subdivider proposes the dedication voluntarily and the land is accepted by the city council.

• (c) When a common interest development project, stock cooperative, or community apartment project exceeds 50 dwelling units, the city may elect to require dedication of land notwithstanding that the number of lots may be 50 lots or fewer.

• (d) For subdivisions in excess of 50 lots, the city council may elect to receive a fee in lieu of land dedication. The amount of such a fee shall be based upon the fair market value of land which would otherwise be required for dedication. The fair market value shall be

determined by an M.A.I. appraiser acceptable to the city and at the expense of the developer as set forth in subsection (e) of this section. If more than one year elapses between the appraisal and recording of the final map, the city shall have prepared a new appraisal and shall invoice the subdivider for the cost of the appraisal.

• (e) For purposes of this section, the determination of the fair market value of neighborhood and community park land or unimproved residential land which would otherwise be required for dedication shall be determined by an M.A.I. appraiser acceptable to the city and shall consider, but not necessarily be limited to, the following:

  • (1) The value of the unimproved residential land by residential density shown on the tentative subdivision map at the time the final map is to be recorded;

  • (2) Approval of and conditions of the tentative subdivision map;

  • (3) The general plan land use designation of the property;

  • (4) The zoning classification of the property;

  • (5) Property location;

  • (6) Off-site improvements facilitating use of the property; and

  • (7) Site characteristics.

• (f) If the subdivider objects to the amount of the fee pursuant to this section, an appeal may be made to the city council by filing an application of appeal with the city clerk and payment of an appeal processing fee as determined by the city council. A notice of appeal shall be filed with the city clerk within seven days of payment of the in-lieu fee. The subdivider shall have the burden of proof in contesting the amount of the fee. Within 30 days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city council, and the decision shall be final and conclusive in determining the amount of the fee.

• (g) The fee shall be paid to the development services department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the subdivision on which the fee is charged. Upon receipt of the fee, the development services department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code.

• (h) In order that the fees levied pursuant to subsection (a) of this section keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis, or as specified by city council by resolution. The fee schedule shall be adjusted using the methodology described in subsection (a) for establishing the fee schedule.

• (i) Upon application to the development services department, the payment of the fee in lieu of land dedication pursuant to this section may be deferred where the department makes the following findings:

  • (1) The subdivider has entered into a fee agreement with written evidence of adequate security to assure payment of the fee at a date prior to the issuance of a certificate of occupancy, and in a form approved by the city attorney; and

  • (2) The deferral of the fee shall not adversely impact the development of new or the rehabilitation of existing neighborhood or community park or recreational facilities to serve the subdivision.

• (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 15-09, § 1, 9-2-15)