Article I — Introduction

This chapter shall be called the "Park Dedication Ordinance of Alameda County."

(Ord. 2004-81 § 1 (part))

This chapter is enacted pursuant to authority granted by Sections 66000 et seq. and 66477 of the Government Code of the state of California and pursuant to the authority in the field of municipal affairs granted to the county of Alameda by its Charter and by the Constitution of the state of California.

(Ord. 2004-81 § 1 (part))

The purpose and intent of the park dedication requirement is to assure that each new residential unit in the unincorporated area bears the burden of its individual, incremental share of improvements needed to accommodate the cumulative demand for park and recreation facilities caused by all new residential development, and to ensure that the current level of park and recreation facilities is maintained. It is specifically not the purpose or intent of this requirement to increase the level of park and recreation facilities in the unincorporated area.

(Ord. 2004-81 § 1 (part))

In establishing the requirements set out in this chapter, the Board of Supervisors finds and determines as follows:

A.

All new residential development contributes to the demand for park and recreation facilities, which are significant, widespread, and reflective of the increased financial burden being placed on local park agencies to mitigate this demand.

B.

In providing for the general health and welfare, it is in the public interest to require all new residential development, except as may be exempted from the requirement or for which the requirement may be waived to set aside and improve land and/or pay fees in lieu of dedicating and improving land to provide for park and recreational facilities serving the area where the development occurs.

C.

The county has completed background studies in the form of staff analyses entitled Park Dedication Policies Review, dated May 18, 1992, February 2, 2004, addendum February 2, 2004, March 1, 2004, April 5, 2004, and addendum April 5, 2004, (all on file with the Board of Supervisors and the planning

department) that identify the method for determining the park dedication requirement, including park and recreation facilities in the unincorporated area, the population of the unincorporated area, the per capita acreage of park and recreation facilities, current land costs, and the rationale for including residential development which is exempt from the Quimby Act

D.

The county does not provide local park and recreational facilities or services for the unincorporated areas; however these services are provided to residents of the unincorporated area by local park agencies, including local park and recreation districts and cities.

E.

There are certain cases where the demand which new residential construction places on local park and recreation facilities is minimal by reason of location or other factors; there are certain geographical areas of the county where no agency exists to provide local park and recreation facilities; and there are certain cases where other county policies outweigh the need for provision of local park and recreation facilities.

F.

The requirement is consistent with the Alameda County general plan.

G.

Pursuant to Government Code Section 65913.2, the Board of Supervisors has considered the effects of the requirement, including in-lieu fees, with respect to the county's housing needs as established in the housing element of the Alameda County general plan, and finds that it does not render infeasible the development of housing for any and all economic segments of the community.

(Ord. 2004-81 § 1 (part))

For purposes of this chapter, certain words and phrases are defined and shall be construed as set out in this section unless it is apparent from the context that they have a different meaning. Words or phrases not defined below shall have the meaning given to them in other sections of this title, or, if not defined therein, shall have the meaning commonly ascribed to them by professional or general usage in the context of this chapter.

"Affordable housing" means a rental housing unit with rent restricted for fifty-five (55) years to be affordable to households with incomes of no more than sixty (60) percent of area median income, adjusted for household size, or an ownership housing unit with price restricted for forty-five (45) years to be affordable to households with incomes of no more than eighty (80) percent of area median income, adjusted for household size, as defined by the U.S. Department of Housing and Urban Development or a successor agency designated by the director of community development.

"Agricultural caretaker's unit" means an agricultural caretaker's unit as defined in the zoning ordinance or any second or subsequent unit including but not limited to additional dwellings for persons employed in the agricultural use on the property under Section 17.06.040(A) of the zoning ordinance and occupancy of a

mobile home by persons directly related to an on-site agricultural use or for security purposes under Section 17.06.040(M).

"Canyonlands" means those portions of the Hayward area park and recreation district outside and to the north, east, and southeast of the census designated places of Castro Valley and Fairview and the city of Hayward, including but not limited to those areas known as Cull, Crow, Norris, Eden, Hollis, Palomares, and Stony Brook Canyons.

"Developer" means a person, firm, corporation, or public agency responsible for construction of a dwelling unit directly or through the services of any employee, agent, or independent contractor.

"Development" means the construction or establishment of one or more dwelling units as a unified project.

"Housing for the disabled" means an affordable housing unit with occupancy restricted to people with disabilities for a period of not less than fifty-five (55) years for rental housing and forty-five (45) years for ownership housing, as defined by the U.S. Department of Housing and Urban Development or a successor agency designated by the director of community development.

"In-lieu fees" means fees paid or required to be paid to a local park agency under this chapter in lieu of dedicating or improving land for park and recreation purposes.

"Local park agency" means an agency established or authorized to provide park and recreation facilities, including the Hayward area recreation and park district, the Livermore area recreation and park district, any other special district established under the provisions Section 5780 et seq. of the California Public Resources Code, a city or a community services district as defined by the California Government Code and which is established to provide park and recreation services. "Local park agency" does not include the East Bay regional park district or any other special district established under the provisions of Section 5500 et seq. of the California Public Resources Code.

"Multiple" or "multiple unit" means a two-family dwelling or multiple dwelling as defined by Section 17.04.010 of this code.

"Ordinance" or "this ordinance" means the Park Dedication Ordinance of Alameda County.

"Park dedication requirement" or "requirement" means the requirement to provide for park and recreation facilities by dedicating or making improvements to land or paying money for construction of all new dwelling units.

"Secondary (or accessory dwelling) unit" means, for the purpose of this chapter, a second or secondary unit as allowed under the zoning ordinance or other adopted county policy regarding such units, which is either attached or detached and which is not fully contained within the existing space of an existing singlefamily residence or accessory structure. "Accessory dwelling unit" does not mean an agricultural caretaker's unit.

"Senior housing" means a rental housing unit which meets the definition of senior housing as defined by the U.S. Department of Housing and Urban Development, with rent restricted for fifty-five (55) years to be affordable to households with incomes of no more than sixty (60) percent of area median income, or an ownership housing unit with price restricted to forty-five (45) years to be affordable to households with

incomes of no more than eighty (80) percent of area median income, adjusted for household size, as defined by the U.S. Department of Housing and Urban Development or a successor agency designated by the director of community development.

"Secondary unit" means a second or secondary unit as allowed under the Zoning Ordinance or other adopted county policy regarding such units. "Secondary unit" also means an agricultural caretakers unit as defined in the Zoning Ordinance or any second or subsequent unit including but not limited to additional dwellings for persons employed in the agricultural use on the property under Section 17.06.040(A) of the Zoning Ordinance and occupancy of a mobile home by person directly related to an on-site agricultural use or for security purposes under Section 17.06.040(M).

"Single-family" or "Single-family unit" means a one-family dwelling as defined by Section 17.04.010 of this code.

(Ord. No. 2017-13, § 2(Pt. 1), 4-25-17)