ORD 1370 - Laserfiche WebLink

The determination of the city council as to whether credit shall be given and the amount of credit shall be final and conclusive. 19.44.100 Procedure. At the time of filing of the final approval of the subdivision, or subdivision map or parcel map, the subdivider shall dedicate the land or pay the fees as established at the time of subdivision approval, tentative map, or parcel map approval. In-lieu fees will be established using current land values at the time of final map approval with the formula set forth in Section 19.44,070. The in-lieu fee shall be based on the fair market value of the land as determined in Section 19.44.080. Open space covenants for private park or recreation facilities subject to 19.44,090 shall be submitted to the City Attorney prior to approval of the final subdivision, or parcel map and shall be recorded contemporaneous with the final subdivision. 19.44.110 Disposition of Fees. Fees determined pursuant to Section 19.44.070 shall be paid to the city and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements related thereto. Collected fees shall be appropriated by the City Council to which the land or fees are conveyed or paid for a specific project or community park to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision. 19.44.120 Exemptions. Subdivisions containing less than five dwelling units or parcels and not used for residential purposes shall be exempted from the requirements of this ordinance; provided, however, that a condition shall be placed on the approval of such parcel map or project that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.