20.008. The fee shall be determined by the following

POP 4.5 Acres FMV

DU × _____ × _____ × _____ = In Lieu Fee

DU 1,000 People Buildable Acre

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.

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.

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.

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:

Approval of and conditions of the tentative subdivision map;

The general plan;

Zoning;

Property locations;

Off-site improvements facilitating use of the property;

Site characteristics of the property.

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.

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:

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;

The feasibility of dedication;

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

The location of existing and proposed park sites and trailways.

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:

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

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;

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

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,

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

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;

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.

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

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.

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

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

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)

9-20.022 Procedure.

The approving body may, but is not required, to expressly state in the tentative map the amount of land required for dedication pursuant to subsection 9-20.008 or the amount of land which will serve as the basis for the calculation of the in-lieu fee at the time the final map or parcel map is filed, pursuant to subsection