Chapter 16.02 DESIGN STANDARDS

A. The size, design, character, grade, location, orientation and configuration of lots within a proposed subdivision and improvements required in connection therewith shall be consistent with the density and uses authorized for the area by the general plan, any applicable specific plan, the zoning ordinance and other land use regulations.

B. The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site (including soil conditions), the nature or extent of existing development, the availability of public utilities, environmental habitat or wildlife preservation or protection, or other provisions of this title.

C. All subdivisions shall result in lots which can be used or built upon for the purpose or use intended. No subdivision shall create lots which are impractical for improvement or use due to steepness of terrain, location of water courses, size, shape, inadequate frontage or access or building area or other physical condition. (Ord. 510 § 2, 2007)

16.02.020 General access requirements.

A. Each local street providing access to lots within a subdivision shall connect directly, or by way of one or more local streets, to a collector street or arterial street.

B. A tentative subdivision map that makes use of a local street that passes through a predominately residential neighborhood as a route of access for industrial, commercial or other subdivision generating traffic that would conflict with the residential character of the neighborhood may constitute grounds for denial.

C. Each route of access to collector streets or arterial streets and its point of connection therewith shall be adequate to safely accommodate the composition and volume of vehicular traffic generated by the land uses that it serves. However, residential subdivisions shall be designed to encourage vehicle speeds of less than 25 miles per hour and traffic volumes of less than 4,000 average daily trips (ADT), or as otherwise provided for in the circulation element of the general plan or in the city standards. (Ord. 510 § 2, 2007)

16.02.030 Street design and standards.

A. Street design shall conform in principle to the streets shown on the circulation element of the general plan and in width and alignment to the streets shown on any precise plan and/or agreement adopted by the city council relating to streets and shall conform to the requirements of this title and/or city standards.

B. The subdivider shall be required to dedicate all land necessary for street purposes as shown on the general plan or any precise plan or to conform to the provisions of this title.

C. Location. The locations of a freeway, arterial street, or collector street shall be as shown on the general plan, any applicable specific plan, or as otherwise designated by the city council.

D. The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision.

E. Centerlines. The centerlines of all streets wherever practicable shall be the continuation of the centerline of existing streets.

F. Street Intersection. Intersections shall be required to be as near to a right angle as is practicable.

G. Cul-de-Sac or Dead-End Streets. Dead-end streets, where necessary to give access to, or permit a satisfactory future subdivision of, adjoining land, shall extend to the boundary of the property and the resulting dead-end streets may be approved without a turnaround at the discretion of the Escalon fire district. In all other cases, a turnaround having a minimum radius of 46 feet in an “R” district or 60 feet in all other districts or a comparable area in another form shall be required, separated to the depth of one lot from the exterior boundary line or other topographical feature of the subdivision. No dead-end street shall be more than 500 feet in length.

H. Curve Radius. All curves shall have sufficient length to avoid the appearance of an angle point. Reverse curves shall be connected by tangents of length approved by the city engineer. The centerline curve radius of all streets and highways shall conform to accepted engineering standards of design and shall be subject to the approval of the city engineer but shall not be less than 250 feet.

I. Rounding of Intersection Corners. At all street intersections, the block corners shall be rounded at the property line with a curve having a radius of not less than 20 feet. Where street intersections are not at right angles, greater curve radii may be required.

J. Grades. No streets or highways shall have a grade of more than six percent, or less than 0.25 percent, except when approved by the city engineer.

K. Street Names. The planning commission shall approve all street names. Duplication of existing names within San Joaquin County will not be allowed unless the streets are obviously in alignment with existing streets and likely to sometime be a continuation of the other street.

L. Street Name Signs. Each subdivider shall pay to the city at the time of approval of the final subdivision map as condition of such approval an amount established by the city engineer based on actual cost for each street name sign required in the subdivision; provided, that when only a part of an intersection requiring a street name sign is within or contiguous to the subdivision, the charge for street name signs for such intersection shall be proportional to the number of corners of the intersection within or contiguous to the subdivision.

M. Part-Width Streets. In the case of a part-width street, a minimum of 40 feet along and adjacent to a boundary of the subdivision shall be required except in cases in which proper deed or instrument of dedication to the city duly executed by the owner or owners of adjacent lands is filed with the map of the subdivision, granting sufficient land to make a street of the required full width. Part-width streets shall be permitted only on the periphery of a subdivision and only when the street design approved by the planning commission requires the street to be so located such that a full dedication would require land not in the subdivider's ownership or control. In no case shall a “part-width street” be less than 40 feet in width, except as provided below. The phrase “part-width street” shall be lettered on the map following the name of such streets.

Exception: A part-width street less than 40 feet may be permitted upon the approval of the planning commission. The approval shall be based upon the following factors:

1. The extension of the street is along property lines that form a boundary of the subdivision.

2. The public interest in having a street without an off-set in the centerline thereof outweighs the general public policy, set forth above, of having all part-width streets a minimum of 40 feet in width.

In all cases in which a part-width street less than 40 feet is permitted, on-street parking may be prohibited until such time as a minimum of 40 feet of the street is improved.

N. Streets and Highways. Streets and highways not shown on any other master street and highway plan or not affected by proceedings initiated by the city council shall not be of less width than those set forth herein. Increased widths may be required when streets are to serve commercial property or when foreseeable traffic conditions warrant as such. The planning commission shall determine the required width in the absence of an approved master plan of streets and highways.

O. Street Widths.

1. Streets and highways shall have a right-of-way as described in the circulation element of the general plan, and/or in accordance with city standards as determined by the city engineer or, in the case of roadways controlled by another agency, as determined by that governmental agency.

2. Cul-de-sacs shall have a maximum length of 500 feet measured from the centerline of the intersecting street to the center of the turnaround. The radius of the turnaround at the property lines shall be in accordance with city standards as determined by the city engineer. (Ord. 510 § 2, 2007)

16.02.040 Existing streets and unsubdivided land.

A. Streets shall be laid out to conform to the alignment of existing streets in adjoining subdivisions and to the logical continuation of existing streets where the adjoining land is not subdivided.

B. The realignment of streets in contemplation of the development or use of adjoining property and the provision of streets or dead-end street extensions to facilitate the subdivision of adjoining property may be required.

C. Permanent dead-end streets (except cul-de-sacs as defined in this title) are prohibited. When a street is temporarily dead-ended, a barricade or temporary turning area or temporary connection to another street may be required. Permanent turnarounds may be required at the end of dead-end streets where the future extension of the street is remote, as determined by the city engineer. (Ord. 510 § 2, 2007)

16.02.050 Provisions for resubdivision.

Where property is subdivided into lots substantially larger than the minimum size required by these regulations or by the zoning district in which the subdivision is located, whichever is more restrictive, streets and lots shall be required to be laid out so as to permit future resubdivision in accordance with the provisions of these regulations. (Ord. 510 § 2, 2007)

16.02.060 Waiver of access rights.

A. A frontage road or other type of limited access layout may be required where a subdivision adjoins or contains an existing or proposed freeway or arterial street. To accomplish the purpose of this section, waivers of vehicular and pedestrian access rights to the freeway or arterial street may be required.

B. Waivers of vehicular and pedestrian access rights may also be required to prevent a local or collector street which passes through a predominantly residential neighborhood from being used as a route of access to industrial, commercial or other subdivisions generating traffic which would conflict with the residential character of the neighborhood. (Ord. 510 § 2, 2007)

16.02.070 Intersections.

All streets shall intersect or intercept each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it intersects or intercepts. Street alignment shall provide for streets entering opposite each other to have their centerlines directly opposite. Where this is not possible, street jogs shall have a minimum centerline offset of 120 feet. No jogs shall interrupt the continuity of an arterial or collector street. (Ord. 510 § 2, 2007)

16.02.080 Local streets.

Local streets shall be laid out so that their use by through traffic shall be discouraged. Maps of proposed subdivisions containing excessively long, straight residential streets, conducive to high-speed traffic, shall be denied. Curvilinear streets shall be encouraged. (Ord. 510 § 2, 2007)

16.02.090 Right-of-way widths and improvement design.

All streets and alley rights-of-way and the location of improvements therein shall be designed to conform to adopted street standards, except where a modification is expressly permitted by Chapter 16.16 EMC. Exceptions to this section may be granted by the city engineer where a specific cross-section is required to conform to an adopted planned street line or an applicable specific plan. For any street for which a bikeway's master plan or similar plan indicates that an on-street bikeway shall be provided, and the width of such street was established prior to the adoption of said bikeway's master plan, such width shall be increased by at least 10 feet, as determined by the city engineer, in order to provide the bikeways in accordance with the bikeway's master plan or other plan and to retain the design applicable to the previously adopted width of the street. (Ord. 510 § 2, 2007)

16.02.100 Alleys.

A. Alleys shall be prohibited in residential subdivisions except when approved or required by the planning commission for any one of the following reasons:

1. To widen an existing part-width alley that has been dedicated and approved in an adjacent subdivision.

2. To complete the continuity of existing alleys where the property to be subdivided is located adjacent to existing blocks containing alleys.

3. The special nature of the design or density of a residential subdivision where dwellings are to be grouped in such a manner as to require access from other than street frontage.

4. The relationship to existing or proposed adjacent commercial, industrial or high-density residential development, or adjacent railroad, canal rights-of-way or other physical barrier.

5. The unusual size, shape or topographical character of the property to be subdivided.

B. Residential alleys permitted under subsection A of this section shall be a minimum of 20 feet in width.

C. Alleys shall be provided where needed to serve existing or proposed commercial or industrial areas, and shall have a minimum width of 30 feet, with adequate provision for ingress and egress.

D. Where two alleys intersect, 10-foot corner cut-offs measured along the property lines from the point of intersection shall be required.

E. Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services. (Ord. 510 § 2, 2007)

16.02.110 Blocks.

A. Large Lot Subdivisions. Where a parcel is first subdivided into lots of such size that they can be further subdivided and conform to all requirements of this chapter, the design shall be of such a form as to provide for the future opening of arterial and collector streets and for the ultimate extension and opening of local streets at such intervals as will permit a subsequent division of any parcel into smaller lots.

B. Block Lengths. Block lengths shall not exceed 1,000 feet unless existing conditions warrant an exception. Long blocks along arterial streets and highways may be required to reduce the number of intersections.

C. Block Widths. Blocks shall be of sufficient width to permit the platting to two tiers of lots of normal depth, except where blocks are adjacent to arterial streets, freeways or expressways and lots are created which back up to such street and front onto a local or collector street and access rights to such arterial or freeway are waived by the subdivider. The planning commission may grant an exception to these provisions to permit through lots which are to be developed with uses facing both streets when it is determined that such exception is warranted by the circumstances of a particular subdivision and is in compliance with an existing zoning classification. (Ord. 510 § 2, 2007)

16.02.120 Lots.

A. Minimum frontage and depth requirements shall be as set forth in the zoning ordinance.

B. The sidelines of all lots shall be at right angles to the street on which they front, wherever possible.

C. The depth of lots shall not exceed the lot width by more than three times unless specifically authorized by the planning commission.

D. All lots or parcels being created must front with access on a city street or state highway.

E. Lots proposed for single-family and two-family uses shall not have access to two parallel streets.

F. No lot shall be divided by a city or county boundary line. (Ord. 510 § 2, 2007)

16.02.130 Lot size compatible with nearby lots.

When determined necessary to promote the general welfare, and assure the orderly development of the community, residential lots within a proposed subdivision may be required to be increased in size so as to more closely conform to the size of existing nearby lots fronting on the same street and adjoining to the rear. (Ord. 510 § 2, 2007)

16.02.140 Flag lots.

Flag lots for any proposed usage may be approved if the following findings are made:

A. Either the flag lot is required by topographic conditions, or there is no alternative design for the development of the interior portions of excessively deep parcels; and

B. The flag lot will not be detrimental to public health, safety or welfare. (Ord. 510 § 2, 2007)

16.02.150 Property remnants.

Remnants of property which do not conform to lot requirements or are not required for public or private utility or other public use or approved access purpose shall not be created by or left in a subdivision. (Ord. 510 § 2, 2007)

16.02.160 Lot drainage.

All lots shall be graded to provide adequate, positive drainage. Provision shall be made for proper erosion control, including the prevention of sedimentation or damage to off-site property. (Ord. 510 § 2, 2007)

16.02.170 Open space ownership and maintenance.

All areas within a subdivision designated or planned as open space or for use for park or recreation purposes shall be either:

A. Designated as a separate parcel or parcels and dedicated to the city for park and recreation purposes;

B. Designated as a separate parcel or parcels and maintained as common open space within an approved planned development, condominium or community apartment project; or

C. Contained within the various lots of the subdivision and maintained by the owners of such lots. (Ord. 510 § 2, 2007)

16.02.180 Easements.

A. The subdivider shall grant easements for public utility use where necessary for the extension of any such utility and for the relocation of existing public utility facilities. This easement shall be at least 10 feet in width.

B. Dedication of easements, as may be required by the planning commission, shall be for the purpose of installing utilities, both privately and publicly owned, planting strips and other public purposes.

C. Protection of Easements. No person other than a public utility shall erect, construct or place any building or structure except fences or walls on any public utility easement. No person shall permit or allow vines or other climbing plant materials to become attached to public utility poles, street trees or other objects that may interfere with the maintenance of the easement and/or access to the utilities therein. It shall be the responsibility of the owner and/or occupant of real property to maintain any public utility easement area located thereon in such a manner that its condition will not interfere with the proper operation and maintenance of public utility facilities located thereon. Any public utility using such easement, its representatives, agents or employees shall have the right to trim or top such trees or shrubs growing within, on or overhanging the easement as may endanger or interfere with public utility facilities constructed therein and may have free access to said public utility facilities constructed therein and every part thereof at all times for the purpose of constructing, operating and maintaining said public utility facilities.

D. Design of Easements. Easements shall be located and designed in subdivisions to provide for reasonable, practical and useful placement, replacement, enlargement, repair and maintenance of public utility facilities. (Ord. 510 § 2, 2007)

16.02.190 Pedestrian ways.

Improved pedestrian ways not less than 12 feet in width may be required where needed for traffic safety or for access to schools, playgrounds, shopping facilities, other community facilities or scenic easements. (Ord. 510 § 2, 2007)

16.02.200 Equestrian, hiking and biking trails and paths.

Equestrian, hiking and biking trails and paths shall be provided in locations established by the general plan or any applicable specific plans. Adequate access points for the public, maintenance and emergency vehicles and parking facilities shall be provided as necessary. (Ord. 510 § 2, 2007)

16.02.210 Underground utilities.

A. All utility distribution facilities and lines including but not limited to gas, water, sewer, electrical communications, street lighting and cable television shall be installed underground, except that overhead utility lines may be permitted when it is determined by the planning commission that such facilities are designed to serve areas larger than that being subdivided and that it is impractical to locate such facilities underground. When overhead lines are approved by the planning commission, they shall extend along alleys, side lot, rear yard or privately owned easements whenever possible. Overhead service to lots abutting existing overhead lines is permitted where no extension of overhead lines is required.

B. Street lighting standards, underground cables or conduit and conductors and all materials and appurtenances necessary shall be installed of a design and at a location approved by the city engineer and as described by city standards.

C. It shall be the responsibility of the subdivider to ensure that utilities are installed in compliance with the requirements of this section. The subdivider shall make the necessary arrangements with the companies or other agencies for such installation, according to the specifications of the governing agency and the utility involved. (Ord. 510 § 2, 2007)

16.02.220 Service roads.

When a subdivision is developed adjacent to a freeway or arterial street as shown on the general plan, the planning commission may require the subdivider to dedicate and improve a frontage road to provide ingress and egress to adjacent lots or to create backup lots which front upon an interior residential street and back up to such freeway or arterial street. When backup lots are created, the subdivider shall waive direct access rights from the lots to the freeway or arterial street and shall construct a masonry wall, fence or other suitable barrier as required by the planning commission between the subdivision and the adjacent freeway or arterial street. (Ord. 510 § 2, 2007)

16.02.230 Water courses.

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel, stream or creek that traverses the subdivision, or, at the option of the subdivider, provide by dedication, further and sufficient easements, construction or both, to dispose of such surface and stormwater. (Ord. 510 § 2, 2007)

16.02.240 Sewage disposal.

Provisions shall be made for adequate sewage disposal by:

A. Sewer Available. Connection to sanitary sewer is required by installation of one or more main line(s) to the boundary of the subdivision and service laterals to the property line of each lot. The design and specifications of sewer connection shall be determined and approved by the city engineer.

B. Sewer Unavailable. When sanitary sewer service is unavailable to the property, it shall be the responsibility of the subdivider to provide necessary off-site improvements to make sewer service available to the property. Connection shall then be made as required in subsection A of this section. The city may provide for means of reimbursement to the subdivider for the cost of making off-site improvements and, if alternative means of providing sanitary sewer service are available, the city may waive this requirement.

C. Drainage and Sanitary Sewer Facilities. Whenever the city, by ordinance, has adopted a sanitary sewer plan for a particular local sanitary sewer area, pursuant to Section 66483 of the Government Code, each subdivider filing a final parcel or subdivision map for the division of land, any part of which is located within the boundaries of such area and the tentative subdivision or parcel map is filed after the effective date of the ordinance, shall pay to the city at the time of the filing of the final parcel or subdivision map, as a condition of approval thereof, such fees as may be required by said ordinance. The city council may enter into agreements that establish conditions under which such fees may be paid over a period of time.

D. Sewer Connection Fees. Prior to the issuance of building permits, the subdivider shall pay to the city such sewer connection fees and other sewer assessments as required by the city. (Ord. 510 § 2, 2007)

16.02.250 Domestic water.

Provisions shall be made for adequate domestic water by:

A. Water Available. Connection to domestic water by installation of a water main to the boundary of the subdivision and service laterals to the property line of each lot. The design and specifications of water connection shall be determined or approved by the city.

B. Water Unavailable. When domestic water service is unavailable to the property, it shall be the responsibility of the subdivider to provide necessary off-site improvements to make water service available to the property. Connection shall then be made as required in subsection A of this section. The city may provide for means of reimbursement to the subdivider for the cost of making off-site improvements and, if alternative means of providing domestic water service are available, the city may waive this requirement.

C. Water Connection Fees. Prior to the issuance of building permits, the subdivider shall pay the city such water connection fees and other water assessments as required by the city. (Ord. 510 § 2, 2007)

16.02.260 Reservations.

A. Requirements. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards contained in this section.

B. Standards and Formula for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown on the general plan or an applicable specific plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the above specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

C. Procedure. The public agency for whose benefit an area has been reserved shall at the time of approval of the final parcel or subdivision map enter into a binding agreement to acquire such reserved area within two years after the compliance and acceptance of all improvements, unless such period of time is extended by mutual agreement.

D. Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative subdivision or parcel map, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

E. Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement within 120 days of the time of approval of the map, the reservation of such area shall automatically terminate. (Ord. 510 § 2, 2007)

16.02.270 Drainage facilities.

A. Drainage facilities shall be installed as deemed necessary by the city engineer to provide for the removal of surface water. Such drainage facilities shall be of a character and design approved by the city engineer and in accordance with the requirements of the city in order to ensure proper grading and erosion control, including but not limited to the prevention of sedimentation or damage to off-site property. Dry wells shall not be permitted as a drainage facility.

B. Whenever the city council, by ordinance, has adopted a drainage plan for a particular drainage area, pursuant to Section 66483 of the Government Code, each subdivider filing a final parcel or subdivision map for the division of land, any part of which is located within the boundaries of such a drainage area and the tentative subdivision or parcel map is filed after the effective date of the ordinance, shall pay to the city at the time of the filing of the final parcel or subdivision map, as a condition of approval thereof, such fees as may be required by said ordinance.

C. The city council may enter into agreements that establish conditions under which such fees may be spread over a period of time. (Ord. 510 § 2, 2007)

16.02.280 Railroad crossings.

Provisions shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California Public Utilities Commission for the establishment and improvement of such crossing. The cost of such railroad crossing improvement shall be borne by the subdivider. (Ord. 510 § 2, 2007)

16.02.290 Monuments.

Monuments shall be set as required by city standards or as required by Chapter 16.15 EMC. (Ord. 510 § 2, 2007)

16.02.300 Energy conservation.

A. The design of a subdivision for which a tentative parcel or subdivision map is required shall provide, to the extent feasible, for the future passive or natural heating or cooling opportunities in the subdivision.

B. Passive or natural heating opportunities include, but are not limited to, the design of lot size and configuration to permit orientation of a structure:

1. In an east-west alignment for southern exposure; and

2. To take advantage of shade or prevailing breezes. (Ord. 510 § 2, 2007)

16.02.310 Centralized mail delivery.

The subdivider shall confer with local postal authorities to determine whether cluster mailboxes will be required. If clustering is not required, the subdivider shall provide a letter from the postmaster stating the exemption. If clustering is required, proposed easements or other provisions shall be included on the tentative subdivision or parcel map. The final subdivision or parcel map shall include these provisions as approved. The local postal service and the public works department shall approve the location of such units. (Ord. 510 § 2, 2007)

16.02.320 Licensing.

All construction work performed herein shall be done by a person or firm licensed to perform such work in and by the State of California. (Ord. 510 § 2, 2007)

16.02.330 Park land and facilities dedication.

A. As a condition of approval of any residential development upon any lot or lots, the developer of such lot or lots shall dedicate land to the city for parks and recreational purposes, pay to the city a fee in lieu thereof, or both at the option of the city, based on the number of dwelling units to be constructed. The city has determined, as a general standard, that five acres of property for each one thousand persons residing within the city shall be devoted to neighborhood and community park and recreational purposes.

B. Formula for Dedication of Land.

1. The amount of land to be dedicated is based on the estimated population of the proposed subdivision. This section assumes that the average number of persons in a single-family household is three and that the average number of persons in all other types of households (duplex, multifamily and mobile homes) is 2.6. The amount of land to be dedicated shall be determined by application of the following formula:

Average number of persons per dwelling unit divided by 1,000/5 = minimum acreage dedication

2. The following table shows the required park land dedication per type of dwelling unit based on the formula in subsection (B)(1) of this section:

Park Land Dedication Table
Type of Dwelling	Average Number of Persons per Dwelling Unit	Average Number of Persons per Dwelling Unit Divided by 1,000/5
Single-family	3.0	.015
Other	2.6	.013

For example, the amount of park land that would be dedicated for a 150-unit single-family project would be determined in the following way:

150 x 0.015 = 2.25 acres

2.25 acres would be required to be dedicated for a 150-unit single-family project.

3. The basis for determining the total number of dwelling units shall be the actual number of dwelling units to be permitted within the subdivision. A final calculation of the total number of dwelling units to be used for determining the amount of park land required shall be made by the city engineer at the time the final map or parcel map is filed for approval. In conjunction with the dedication of the land, the developer shall also provide the following:

a. Full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, and sidewalks contiguous to land which is dedicated pursuant to this section;

b. Fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

c. Improved drainage through the site;

d. Other minimal improvements which the city determines to be essential to the acceptance of land for recreational purposes.

C. Payment of Fees in Lieu of Land Dedication.

1. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication. The fee shall be determined by the following formula:

Number of Units x DU Requirement x FMV of BUA = Fee

Where:


DU Requirement =	Dedication requirement per dwelling unit as determined by subsection (B)(2) of this section
FMV =	Fair market value
BUA =	Buildable acre, a typical acre of subdivision and located in an area other than an area where building is not allowed because of flooding, easements or other restrictions

For example, the amount of in-lieu fee that would be paid for a 150-unit single-family project, where the land is valued at $400,000 an acre, would be determined in the following way:

150 x 0.015 [2.25] x $400,000 = $900,000

2. Fair market value shall be determined by the city with a written appraisal report prepared and signed by an appraiser acceptable to the city and paid for by the developer. The appraisal shall be made immediately prior to the filing of the final map. If more than six months elapse prior to filing the final map, the city will prepare a new appraisal and bill the subdivider for the cost of reappraisal.

D. Determination of Land or Fee. If the proposed subdivision contains 50 or fewer parcels, the subdivider shall pay an in-lieu fee in the amount specified by this section, unless the subdivider proposes the dedication of land voluntarily and the land is acceptable to the city. If the proposed subdivision contains 51 parcels or more, the city has the discretion of accepting land dedication, an in-lieu fee or a combination of both. Whether the city accepts land dedication or the payment of an in-lieu fee, or a combination of both, shall be determined by the consideration of the following by the city:

1. The natural features, access and location of land in subdivision available for dedication;

2. The size and shape of the subdivision and land available for dedication;

3. The feasibility of dedication;

4. The compatibility of dedication with the park master plan;

5. The location of existing and proposed park sites and trailways.

E. Credit for Private Open Space. No credit shall be given for private open space in the subdivision.

F. Disposition of Fees. Fees collected pursuant to this section shall be deposited into the subdivision park trust fund. Collected fees shall be committed to the development of park or recreational facilities to serve residents of the subdivision within five years after the issuance of building permits on one-half of the lots created by the subdivision. 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. (Ord. 510 § 2, 2007)