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A. This section is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The provisions of this section shall not apply to any subdivision exempted from dedication requirements by Section 66477 of the Subdivision Map Act.
B. Requirements. As a condition of approval of a final tract map or parcel map for a residential subdivision, a subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, as determined at the time of approval of the tentative map. The land dedication, or fee in lieu thereof, shall be used for park and recreational purposes.
1. The general plan of the city sets a standard of four acres per one thousand people as the appropriate ratio for a proper well-balanced recreational program as it relates to local facilities.
2. Population density for the purposes of this section shall be 3.2 persons per single-family dwelling unit and 2.2 persons per dwelling unit for multiple-family dwellings.
3. Based on the preceding, five hundred sixty square feet of land per single-family dwelling unit and three hundred eighty-five square feet of land per multiple-family dwelling unit shall be dedicated. If a fee in lieu of dedication is required, the amount of such fee shall be based on the average estimated fair market value of the land being subdivided which would otherwise be required to be dedicated.
"Fair market value" shall mean the value of the assessable lot area at its highest and best use as determined by a qualified appraiser as of a date of value within a three-month period immediately prior to the date of issuance of a certificate of occupancy or other final entitlement for use. The qualified appraiser to make this determination shall be selected by the director of community development.
4. In the event that the applicant disputes the determination of fair market value reached by the qualified appraiser selected by the director of community development, the applicant may select another qualified appraiser who shall appraise the assessable lot area in the development project. Upon conclusion of such appraisal, the fee shall be determined as follows:
a. If the fair market value determination made by the second appraiser is within five percent of the fair market value determination of the first qualified appraiser, the applicant's fee shall be determined by taking the average of the two determinations of fair market value, so long as the fee calculated from this average does not vary from the fee which would result from calculation from the first appraiser's determination of fair market value by more than twenty-five thousand dollars for the entire development project.
b. In the event that determination of fair market value of the second appraiser varies from that of the first appraiser by more than five percent, or if the average of the two determinations of fair market value would result in a variation in total fees of more than twenty-five thousand dollars for the entire development project, the first appraiser and the second appraiser shall mutually appoint a third qualified appraiser. The third appraiser shall then determine the fair market value of the assessable lot area. The fee shall be determined based upon the fair market value which is the average between the third appraisal and the appraisal which is closest to it.
5. It shall be the responsibility of the applicant to ensure that any determinations of fair market value required hereunder are made before the issuance of any certificates of occupancy. No certificates of occupancy shall be issued for any property or development project for which fees have not been determined and paid.
6. All appraisal costs as may be required hereunder shall be paid by the applicant. Prior to any appointment of a qualified appraiser or appraisers, the applicant shall deposit with the city such funds in the amount the director of community development estimates will be necessary to pay for all required appraisal services. Any portions of funds deposited by an applicant and not used for appraisal services will be refunded. Whenever such deposit is insufficient to cover the costs of appraisal services, the director of community development shall notify the applicant, and the applicant shall increase the deposit as required by director.
7. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivisions, partial credit, not to exceed fifty percent, may be given against the requirements of land dedication or payment of fees in lieu thereof if the city council finds that it is in the public interest to do so, subject to the following terms and conditions:
a. The subdivider shall submit for review and approval of the city a plan for installation of private recreation facilities to be used in common by residents of the project.
b. The yards, and other open areas required to be maintained by the zoning and building ordinances are not included in the private recreational facilities.
c. The use of the private recreational facilities are restricted for park and recreational purposes by recorded covenant, which will run 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.
D. Choice of Land or Fees.
1. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
a. Subdivider. At the time of filing a tentative map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted.
b. Action of City. At the time of the tentative map approval, the planning commission or city council, if appealed, shall determine, as a part of their approval, whether to require a dedication of land within or adjacent to the subdivision, payment of a fee in lieu thereof, or a combination of both.
c. Prerequisites for Approval of Final Map. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, same shall be deposited with the city prior to the approval of the final map.
2. Whether the planning commission or city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, it shall be determined by consideration of the following:
a. Parks and recreational master plan, open space and recreational element of the city's general plan;
b. Topography, geology, access, and location of land in the subdivision available for dedication;
c. Size and shape of the subdivision and land available for dedication.
3. The determination of the planning commission or city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive; provided, however, if land is made available, it shall be land that is acceptable to the city. On subdivisions involving fifty parcels or less, only the payment of fees shall be required except that if a condominium project exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty.
E. Use of Fees. The fees received under this chapter shall be deposited in the park facilities fund and shall be used for the purchase of or development of park and recreational facilities, to serve the subdivision for which these were received.
(Ord. 91-04-1092: Ord. 82-3-889 § 1 (part))