It is found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each one thousand (1,000) persons residing within the city be devoted to local park and recreational purposes. (Ord. 05-06 § 2 Exh. A (part))

The amount of land to be dedicated shall be determined according to the following standards and formula. A. Acreage Requirement per Person. The city requirement of five acres per one thousand (1,000) persons is the same as .005 acre (or two hundred eighteen (218) square feet) per person. B. Dwelling Unit Table. The following table shall be used to establish the average number of persons per dwelling unit for each household classification: Unit type Average persons/ dwelling unit Acreage required/person Single-family detached 2.69 .01345 (586.42 sq. ft.) Single-family attached 1.85 .00925 (403.3 sq. ft.)

Multiple unit development 1.90 .0095 (413.82 sq. ft.)

For the purposes of 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 be the number of multifamily, duplex or condominium units. The term "new dwelling unit" does not include an existing dwelling unit in place prior to the date on which the parcel or final map is filed. C. Dedication Requirement. The amount of land to be dedicated is determined by the following formula: Amount of land

Total # of dwelling units × Average # of persons/dwelling unit × .005

For example, the area required for dedication for a subdivision of one hundred (100) single-family residential units would be: 100 × 2.69 × .005 = 1.345 acres D. Improvements. The owner shall, without credit against the amount of land to be dedicated: 1. Provide full street improvements and utility connections to land which is dedicated under this section; 2. Provide improved grading and drainage through the dedicated site; and 3. Provide other improvements which the approving body determines to be essential to the use of the land for recreational purposes. All such improvements shall comply with the standards and requirements of the Orinda Municipal Code. E. Acceptance. The land to be dedicated and the improvements to be made under this section shall be considered for acceptance by the City Council on recommendation of the Parks and Recreation Commission and Planning Commission.

(Ord. 05-06 § 2 Exh. A (part))

A. General Formulas for Fees. When fees are being paid instead of the dedication of land, the fee for a subdivision, new single-family residence or multi-unit project shall be the product of the acreage requirement for the project as determined under Section 3.28.070 of this chapter times the average fair market value of property in Orinda at the time of the approval of the final map plus twenty (20) percent for the costs of improvements specified in this section. B. Average Fair Market Value. The average fair market value of property in Orinda shall be: 1. That shown in the base appraisal report of representative properties in Orinda expressed in an average price per acre dated May, 2005, by Burchard & Rinehart for the city of Orinda seven hundred sixty thousand five hundred dollars ($760,500.00); 2. Adjusted annually by reference to the average increase or decrease in the price of residential real property in the city of Orinda as reported by a data source typically relied on by the Contra Costa County real estate industry for such information. C. Alternate Fair Market Value. If the property owner objects to the fair market value determination made under subsection B of this section, at least ninety (90) days before filing the final map, the owner may request the Planning Director to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the Planning Director and the owner, which appraisal will be considered by the Planning Director in determining the fair market value. All costs required to obtain an appraisal, plus an administrative fee, shall be borne by the owner and deposited with the city at the time of the request for an appraisal. For the purposes of this subsection, the determination of the fair market value of an acre, as defined below, 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;

Property location; and 5. Off-site improvements facilitating use of the property. (Ord. 05-06 § 2 Exh. A (part))

All land offered for dedication shall have access to at least one existing or proposed street open for general public access. This requirement may be waived by the City Council if the City Council determines that public street access is unnecessary for maintenance or use of the park area. (Ord. 05-06 § 2 Exh. A (part))