This chapter is enacted pursuant to the authority contained in California Government Code Section 66477.
(Ord. 944 § 1, June 4, 1979)
A.
Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; 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 of the parcels within four years after recordation thereof, a fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
B.
The provisions of this chapter shall not apply to industrial subdivisions.
C.
The provisions of this chapter shall not apply to condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old, when no new dwelling units are added.
D.
The provisions of this chapter shall not apply to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leaseable area and no residential development or uses.
E.
When land is required to be dedicated or fees required to be paid, or a combination thereof is required pursuant to this chapter, the same shall be used only for the purpose of providing park or recreational facilities to serve the subdivision for which such requirement is imposed.
F.
The amount and location of land to be dedicated or fees to be paid pursuant to this chapter shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision for which such requirement is imposed.
G.
Only the payment of fees may be required in subdivisions containing 50 parcels or less.
H.
Notwithstanding any other provision contained in this chapter, the park and recreation facilities for which land is required to be dedicated or fees required to be paid shall be in accordance with definite principles and standards contained in the Recreational Element of the Mill Valley General Plan.
(Ord. 944 § 1, June 4, 1979)
Subject to the limitations contained in this chapter and in state law, the City may require the dedication of land, the payment of fees in lieu thereof, or a combination of both for park or recreational purposes as a condition to the approval of a final map or parcel map.
(Ord. 944 § 1, June 4, 1979)
The amount of land to be dedicated shall be based upon the anticipated population density for the proposed subdivision and shall be equal to three acres of land for each 1,000 persons. Anticipated population density shall be determined on the basis of 2.77 persons per dwelling unit.
(Ord. 944 § 1, June 4, 1979)
The subdivider may be required to pay fees in lieu of dedication of land:
A.
For subdivisions containing 50 parcels or less;
B.
When the City determines that the park or recreational needs of the subdivision can best be served in whole or in part at locations outside the subdivision;
C.
Where the subdivision is served in whole or in part by existing City park or recreational facilities. Fees in lieu of land dedication shall be based on the average current fair market value per acre of land in the proposed subdivision. The City may, in its discretion, require an appraisal of the property to ascertain the average current fair market value per acre. The amount of fees to be paid shall be a sum equal to the fair market value of the land which would otherwise be required to be dedicated in accordance with the standards set forth in Section 21.50.040.
(Ord. 944 § 1, June 4, 1979)
In recognition of the fact that privately owned open space areas and/or recreational facilities may serve the park and recreational needs of a subdivision, and thus reduce the burden on public parks and facilities, the City may grant credits against land or fees otherwise required by the provisions of this chapter. In determining whether such credit shall be allowed, the City may consider, among other matters, the location, shape, topography, geology and access of such private open space and/or recreational facilities, the provisions for ownership, maintenance and supervision thereof, and the relationship of such open space or recreational facilities to the provisions of the Mill Valley General Plan.
(Ord. 944 § 1, June 4, 1979)
All land or funds received by the City shall be developed or used in the manner provided in this chapter. At the time of approval of any final map or parcel map, the City shall develop a schedule specifying how and when it will use the land or fees, or both, to develop park or recreational facilities. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they 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 within the subdivision.
(Ord. 944 § 1, June 4, 1979)