26.64.010 STANDARDS.

(a) Pursuant to the authority of the Subdivision Map Act, and in conformity with the parks and recreation element of the general plan, a subdivider of lands, as a condition of final approval of a subdivision or parcel map, shall dedicate land or pay a fee in lieu thereof or a combination of both, at the option of the City, for park and recreation facilities to serve the subdivision based on the following standards:

(1) In order properly to serve the subdivision, two acres are needed for each 1,000 estimated population as determined by applying factors per dwelling structure types as outlined in the City's fee schedule in effect at the time the fees are to be paid.

(2) The fair market value of land in the City, used to calculate each subdivider's in-lieu fee and determined by the Parks and Recreation Director or designee, will be included in the City's fee schedule adopted by City Council resolution. For purposes of determining the in-lieu fee, the Parks and Recreation Director or designee may require that a subdivider submit available sales information regarding the site subject to development and, alternatively, a subdivider-paid appraisal of the site subject to development if accurate sales information is not available prior to the approval of the first final map.

(3) Only the payment of fees is required in subdivisions of 50 parcels or less.

(4) Subdivisions containing fewer than five parcels and not used for residential purposes are exempt from the requirements of this section; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more parcels within four years the fee must be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

(5) If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.

(b) Fees shall be paid at or before the time of issuance of the first building permit for a development project.

(c) The land, fees, or combination thereof are to be held in a separate, interest-bearing account for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision.