21.36.060 Land dedication or in lieu fees for park or recreation purposes.
As a condition to the approval of a tentative map or parcel map, the City may require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes.
The park area required to be dedicated shall be equal to the ratio of the ultimate population of the subdivision to the current population of the total City, times the total park area within the City of Berkeley existing at the time of filing of the tentative or parcel map, but in no case less than three acres of park area per thousand persons nor more than five acres per thousand persons who will ultimately reside in the subdivision. The following definitions apply:
A. The ultimate population of the subdivision is based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative or parcel map and the average household size.
B. Total population of the City shall be as shown in the most recent available federal census.
C. Current City park acreage shall be the amount of neighborhood and community park acreage as shown on the records, maps, or reports of the City as of the date of the most recent available federal census.
In lieu of dedication of land, the City may require a fee, equal to an equivalent amount of land as required above, equal to the average value of the total acreage (without improvements) comprising the subdivision. Such value shall be determined by a current appraisal acceptable to the City.
For subdivisions containing fifty parcels or less, only payment of in-lieu fees, as defined above, shall be required.
The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the residents of the subdivision, and the City shall follow applicable requirements of Section 66477 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)