Alameda County Municipal Code Art. III General Provisions

Land dedicated in fulfillment of the park dedication requirement shall be dedicated to the appropriate local park agency as described in Section 12.20.180. Specific land to be dedicated shall be determined by mutual agreement of the planning director, the local park agency and the developer, and shall be suitable for park and recreation use by virtue of topography, size and shape, location, and other such factors.

Land to be dedicated for park purposes that is without frontage on a dedicated street shall, unless otherwise waived by the planning director, be provided by the developer with any necessary easements for public access to such land, together with such street improvements as may be necessary for the residents of the development to gain access to such land. Credit shall not be available for such easements or improvements.

In the event that the area to be dedicated is or will in the future be bounded or abutted by public street frontage, the developer shall, without credit, provide public improvements including, but not limited to, curbs, gutters, storm drains, lights, sidewalks, matching pavement, property line fencing and street trees to county standards. However, in lieu of installation of such improvements, the planning director may determine, at the time of approval of the tentative subdivision map or development plan, that the developer shall pay a fee equal to the cost of said improvements as a condition of the said map or plan. Costs of public works improvements shall be determined by the director of public works. Such fees shall be paid to the county prior to the date of final inspection or occupancy and release of utilities for the development, whichever occurs first.

When land is to be dedicated, it shall be dedicated free and clear of all liens, charges and encumbrances, except and subject to provisions as follows:

A. Where land is to be dedicated as a condition of approval of a tentative subdivision map, parcel map or other land division map, it shall be dedicated in accordance with provisions in the Subdivision Map Act of the state of California and in ordinances and regulation for land division of the county of Alameda, and it may be dedicated subject to such interests as are permitted by said laws.

B. Where land is to be dedicated in conjunction with any development not involving subdivision, it shall be dedicated prior to issuance of a building permit for the dwelling unit(s) unless otherwise agreed upon by the planning director, the local park agency and the developer. Land shall be dedicated by a duly executed and acknowledged appropriate conveyance capable of being recorded, and it may be dedicated subject to such interests as are permitted by said laws referred to above in this section.

Dedication of land outside of the land area covered by the development to meet the requirements of this chapter may be authorized by the planning director in consultation with the local park agency prior to an action on a tentative map in the case of a subdivision approval of a rezoning, site development review, conditional use permit, or issuance of a building permit in the case of any other development.

(Ord. 2004-81 § 1 (part))

Fees paid in lieu of dedication or improvement of land shall be deposited to an interest bearing or investment account held by the county of Alameda. There shall be a separate account for each benefit area or subarea, and funds in each account shall not be commingled with any other funds. Use of funds in such accounts, including accrued interest, shall only be used for provision of park or recreation facilities under this chapter. Withdrawals from any account must be authorized by the county.

(Ord. 2004-81 § 1 (part))

Dedication of land or payment of in-lieu fees pursuant to this chapter shall be made as indicated above on or before the date of final inspection or prior to occupancy and release of utilities for the dwelling unit. The public works agency shall not allow occupancy or release utilities for a dwelling unit for which this requirement has not been met.

(Ord. 2004-81 § 1 (part))

For purposes of this chapter, the unincorporated area of the county is divided into benefit areas, as follows:

Livermore: That portion of the Livermore area recreation and park district lying outside the city of Livermore, for which that district shall be the appropriate local park agency.

Pleasanton: That portion of Pleasanton Township lying south of Interstate Highway 580, for which the city of Pleasanton shall be the appropriate local park agency.

Dublin: That portion of Pleasanton Township lying north of Interstate Highway 580, for which the city of Dublin shall be the appropriate local park agency.

Eden: That portion of the Hayward area recreation and park district lying outside the city of Hayward, for which that district shall be the appropriate local park agency.

The Eden benefit area is further divided into benefit subareas as follows:

Ashland/Cherryland/San Lorenzo: That portion of the Eden benefit area lying within the boundaries of the Ashland, Cherryland, and San Lorenzo census designated places, and intervening unincorporated areas including but not limited to those areas commonly known as Hayward Acres, Hillcrest Knob, the Fairmont property, and Mt. Eden; CastroValley: That portion of the Eden benefit area lying within the boundaries of the Castro Valley census designated place and the Five Canyons County service area; and

Fairview: That portion of the Eden benefit area lying within the boundaries of the Fairview census designated place.

Eden Remainder: That portion of the Eden benefit area lying outside the boundaries of the above-defined subareas, including but not limited to that area known as the Canyonlands.

(Ord. 2004-81 § 1 (part))

The in-lieu fees shall be released for use by the local park agency according to the following procedure:

There shall be an advisory committee established for each of the benefit areas and subareas. For the Ashland/Cherryland/San Lorenzo benefit subarea, this committee shall have five members, consisting of one planning commissioner for the area, appointed by the supervisors for that area; one representative each from the Ashland area community association, the Cherryland homeowners association, and the San Lorenzo homes association, or their successor organizations; and one representative from the area as a whole appointed by the supervisors for that area. For the other benefit areas or subareas, the committee shall have three members, one of whom shall be a planning commissioner who represents the area or subarea, appointed by the supervisor for the area. In addition, for the Castro Valley subarea, one member shall be the chair of the Castro Valley municipal advisory council, one shall be appointed by the supervisor for the area upon nomination by the municipal advisory council. For the Fairview subarea, two members shall be appointed by the supervisor for the area upon nomination by the community associations in the area. For the Eden remainder benefit area, there shall be no advisory committee. For the Livermore, Pleasanton, and Dublin benefit areas, two members shall be appointed by the supervisor for the area. Members may select an alternate to act in their place; selection of such alternate shall be communicated in writing to the planning director. Where a community organization as specified in this section becomes inactive and there is no successor organization, the supervisor or supervisors for that community shall appoint a representative from that community to the advisory committee for the subarea until such time as the specified community organization becomes reactivated or a successor organization is formed.

Prior to release of any money for a park project, the local park agency shall submit a request to the planning director for release of the money. This request shall clearly state the purpose to which the money is proposed to be put. The planning director shall consult with the appropriate advisory committee members. Upon their comment and recommendation and upon a finding that the facility is likely to be used by residents of the area which generated the money, the planning director shall release the requested money for the specified purpose. For the Eden remainder benefit area, release of funds shall be authorized by the planning director upon the above finding.

In-lieu fees generated from the Dublin, Pleasanton, or Livermore benefit areas shall be spent on facilities in those areas which can be assumed to be used by residents of the development which generated those fees, and may be spent on facilities within city limits if they meet this requirement.

Of the in-lieu fees generated from the Eden benefit area, seventy percent (70%) shall be spent on facilities in the subarea that generated the fees and which can be assumed to be used by residents of the development that generated those fees. The remaining thirty percent (30%) may be spent on facilities in the subarea that generated the fees, or in other parts of the Eden benefit area or in the city of Hayward, which facilities can be assumed to be used by residents of the development that generated those fees. The in-lieu fees generated from the Eden remainder benefit area shall be spent on facilities either in the Eden remainder area or in other benefit areas or the city of Hayward, which facilities can be assumed to be used by residents of the development that generated those fees. Examples of facilities that can be located outside the subarea include but are not limited to ballfields, swim facilities, recreation, senior, or community centers, etc.

(Ord. 2004-81 § 1 (part))

The planning department shall review the standards set out in Section 12.20.120 in July of each even numbered year to ensure that they meet contemporary standards. Such review shall consist of an inventory of existing parklands to set the basic standard, a review of population and household size, and a review of costs of land and development to set the in-lieu fee. Both the land dedication and in-lieu fee requirement shall be adjusted as appropriate.

(Ord. 2004-81 § 1 (part))

For each separate account established pursuant to Section 12.20.160, the county shall, within sixty (60) days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year and the fee, interest, and other income and the amount and purpose of expenditures and the amount of refunds made during the fiscal year. The planning commission shall review this information at the next regularly scheduled public meeting not less than fifteen (15) days after the availability of the information required by this section.

(Ord. 2004-81 § 1 (part))

The board of supervisors, upon recommendation of the planning commission, shall make findings once each fiscal year with respect to any portion of the fees remaining unexpended or uncommitted in any account established pursuant to Section 12.20.160 five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The county shall refund the unexpended or uncommitted portion of the fee and any interest accrued thereon, for which need cannot be demonstrated pursuant to this section, to the then current record owner(s) of lots or units of the development project(s) on a prorated basis.

(Ord. 2004-81 § 1 (part))

Any person may request an audit in order to determine whether the requirement, either in land or in-lieu fees, exceeds the amount reasonably necessary to provide park and recreation facilities under this chapter for a development. If a person makes such request, the board may retain an independent auditor to conduct the audit or may cause the audit to be done by a county department or agency. Such audit shall conform to generally accepted auditing standards. Any costs incurred by the county in having an audit conducted shall be recovered from the person who requests the audit. Should the audit show that the requirement exceeds or falls short of a reasonable amount for the benefit area or subarea, the requirement for that development shall be as determined by the audit.

(Ord. 2004-81 § 1 (part))

The adoption of the ordinance codified in this chapter and repeal of the pre-existing park dedication requirements in the Alameda County Subdivision Ordinance shall not affect the validity of any rights and obligations created pursuant to such pre-existing article, and all such rights and obligations shall continue in full force and effect.

(Ord. 2004-81 § 1 (part))

Any action of the planning director under the provision of this chapter may be appealed to the board of supervisors under Section 17.54.670 through 17.54.710 of this code. An appeal fee equal to that charged for appeal of an at cost application shall be charged the appellant to cover the costs of the appeal.

(Ord. 2004-81 § 1 (part))

If any clause, sentence, section, or portion of this chapter, or any fee imposed upon any person or entity, is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section, or part of this chapter, or such person or entity, and shall not affect or impair any of the remaining provisions, clauses, sentences, sections, or parts of this chapter or the effect of this chapter on other persons or entities.

It is hereby declared to be the intention of the board of supervisors of Alameda County that this chapter would have been adopted had such unconstitutional, illegal, or invalid clause, sentence, section, or part of this chapter not been included herein, or had such person or entity been expressly exempted from the application of this chapter. To this end the provisions of this chapter are severable.

(Ord. 2004-81 § 1 (part))