2.749 × 4.5 / 1,000 = .0124 Acres/DU

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

Park Land Dedication Formula Table

Types of Dwellings Average Acreage/DU Density/DU* (4.5 ac. std.)

Single-Family Detached 2.749 .0124

Single-Family Attached (condominium) 2.260 .0102

Duplex 2.510 .0113

Apartments 3 or 4 Units/bldg. 2.386 .0107

Apartments 5 or more Units/bldg. 2.254 .0101

Mobilehomes 1.517 .0068

*From 2000 Federal census

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:

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.

Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land.

Provide improved drainage through the site.

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-