Alameda County Municipal Code Art. II Requirements

All developers of new dwelling units constructed after the effective date of this requirement as indicated in Section 12.20.080 shall be required to dedicate and/or improve land, pay fees in lieu of dedicating or improving land, or any combination thereof, for park and recreation purposes as set out in this chapter, except as may be exempt under Section 12.20.090, or for which the requirement may be waived under Section 12.20.110. The county may not require dedication of land for developments of less than fifty (50) dwelling units; however in such developments land may be dedicated in total or partial fulfillment of the requirement upon mutual agreement of the planning director, the local park agency, and the developer. Where a developer dedicates land to fulfill this requirement, the developer shall also be liable for improvement of the land either by payment of in-lieu fees or as otherwise provided in this chapter. A developer may dedicate additional land on a dollar for dollar basis to meet this requirement.

(Ord. 2004-81 § 1 (part))

The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood and community park or recreational facilities bearing a reasonable relationship to use by residents of the development which generates the requirement. Park and recreational facilities shall be in accord with principles and standards of the park and recreation element of the Alameda County general plan, and with the master plan or other relevant long range plan of the appropriate local park agency. The local park agency to which the land or fees are conveyed or paid shall use the land or fees, or both, to develop park or recreational facilities to serve the residents of the development which generates the land or fees in a manner consistent with the limitations of this chapter. Any fees collected under this chapter shall be committed within five years after the payment of such fees. If such fees are not so committed, they shall be distributed and paid to the then record owners of the dwelling units. Only the payment of fees may be required in residential developments containing fifty (50) or fewer dwelling units or residential parcels.

(Ord. 2004-81 § 1 (part))

This requirement shall apply to all dwelling units for which a complete building permit application has been filed and fees paid on or after the sixtieth (60th) day after the ordinance codified in this chapter takes effect. Any change to the requirement shall likewise take effect and apply to all dwelling units for which a complete building permit application has been filed and fees paid on or after the sixtieth (60th) day after the effective date of the change, except that any project for which a complete application, as determined by the planning director, for variance, conditional use permit, site development review, subdivision, rezoning, or building permit has been filed prior to or on the fifty-ninth (59th) day after the effective date of the ordinance codified in this chapter shall be subject to the fees in effect at the time of filing such application, to be paid prior to occupancy and release of utilities as indicated in Section 12.20.170.

(Ord. 2004-81 § 1 (part))

This requirement shall not apply in the following cases:

A. To construction of dwelling units in a project for which a requirement for dedication of land or money for park or recreation purposes or improvements to park or recreational facilities has been made a part of the approval of the project and which requirement is specifically stated to take the place of the requirement of this chapter. This exemption may be total or partial, depending on the terms of the condition;

B. To construction of dwelling units on lots created by a tract for which a tentative map has been approved prior to the effective date of the ordinance codified in this chapter, which tentative map has required dedication of land or payment of in-lieu fees, and for which the required land has been dedicated or in-lieu fees paid prior to the effective date of this requirement, even though a final map may have not been filed;

C. To construction of dwelling units that meet the requirements of affordable housing, housing for the disabled, or senior housing;

D. To construction of dwelling units on parcels that are under a Williamson Act contract for which a notice of nonrenewal has not been filed under the provisions of Government Code Section 51245;

E. To construction of dwelling units on parcels zoned in the A (agricultural) district, or in a PD (planned development) district which is based on the A district and are twenty (20) acres or larger in size;

F. To construction of dwelling units in the Suñol area, defined as the Suñol Glen school district as of the date of the ordinance codified in this chapter;

G. To construction of dwelling units in areas not served by a local park agency, or not located within a benefit area as described in Section 12.20.180;

H. To group housing, such as a boardinghouse, convalescent or rest home, convent, medical or residential care facility, community care facility, group home, etc. However, this exemption shall not preclude the inclusion of a requirement to provide appropriate park and recreational facilities through dedication of land or payment of fees or a combination thereof as a condition of approval of a rezoning, conditional use permit, site development review, or other application for the group housing;

I. To remodeling, rehabilitation, or restoration of an existing dwelling unit, including additions or expansions thereto, or to conversion of apartment units to condominium units, so long as no new dwelling units are created;

J. To replacement of a dwelling unit which was destroyed, so long as no new dwelling unit(s) are created and the replacement unit is of the same type as the destroyed unit; and

K. To a change of the status of a nonconforming dwelling unit to conforming.

(Ord. 2004-81 § 1 (part))

The following development is specifically not exempted from this requirement:

A. Legalization of an illegally constructed or established dwelling unit. The in-lieu fee to be paid shall be that fee in effect on the effective date of the rezoning or other action which legalizes the unit;

B. Replacement of one type of dwelling unit by another, where the replacement unit is subject to a higher requirement. The in-lieu fee to be paid shall be the difference between the two fees in effect on the date the release of utilities for the replacement unit is issued;

C. The moving of a dwelling unit and placement of it on a permanent foundation on a parcel from a parcel outside the benefit area or subarea; and

D. Construction of dwelling units on parcels that are less than twenty (20) acres in size, and that are not on property subject to a Williamson Act contract.

(Ord. 2004-81 § 1 (part))

The planning director may waive all or part of the requirement if any of the following findings can be made:

A. The dwelling unit will have no impact on local park and recreational facilities; or

B. The dwelling unit meets other county policies, such as but not limited to provision of affordable housing, senior housing, or housing for the disabled that may not meet the definitions in this chapter, or provision of housing for other targeted groups, which outweigh the need to provide park and recreational facilities.

Where a waiver is granted under subsection B, the planning director, in consultation with the local park agency and the appropriate advisory committee as set out in Section 12.20.190, shall make a further finding that the dwelling unit for which the waiver is made shall be restricted to that use for a minimum of fifty-five (55) years. Developers of housing which is granted a waiver under subsection B shall enter into a regulatory agreement with the county of Alameda which shall guarantee the use, affordability, and term of affordability.

(Ord. 2004-81 § 1 (part))

The park dedication requirement shall be based on a figure of five acres of land per one thousand (1,000) persons or two hundred eighteen (218) square feet per person except as may be indicated below. The requirement shall consist of dedication or improvement of land, payment of fees in lieu of dedication of land or improvement of facilities or a combination thereof. Where a developer improves land as part of the requirement, such improvements shall be done to the standards of the appropriate local park agency. In-lieu fees shall be rounded to the nearest twenty-five dollars ($25.00). Until June 30, 2005, the Requirement shall be as follows:

Subsequent to July 1, 2005, and until June 30, 2006, the requirement shall be as follows:

Subsequent to July 1, 2006, the requirement shall be as follows:

(Ord. 2004-81 § 1 (part))

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

Where a private park or recreation area is provided in a development, the planning director may allow the value of improvements to be a credit against the park dedication requirement if the planning director finds that it is in the public interest to do so. To receive a credit, qualifying private park or recreation areas shall equal at least twenty-five percent (25%) of the total requirement for the development or two thousand four hundred (2,400) square feet, whichever is the greater amount. The amount of the credit is based on the percentage of the required parkland that is provided through private park and recreational areas, as determined by the planning director after consultation with the appropriate local park agency, but shall not exceed fifty percent (50%) of the requirement, provided that:

A. Private open space or recreation facilities are owned and maintained by a homes association, are available to all residents of the subdivision without restriction, and are designated for park and recreational purposes by recorded covenants which run with the land.

B. Private open space and facilities are suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access and improvements proposed.

C. All of the following standards or regulations shall be complied with to receive a credit:

1. Private yards, setbacks, parking areas and other open areas required under the county's zoning and building ordinances and regulations shall not be included in computing the amount of park or recreation areas available for credit.

2. Private park or recreation areas shall be conveniently accessible to all residents and, as much as possible, shall consist of one contiguous area.

3. Where private park or recreation areas will be owned by a homeowners' association, ownership and maintenance of such areas shall be adequately provided for by recorded written agreement, covenant or restrictions, through which each owner within the development is automatically a member of the association and may be subject to a proportionate share of maintenance expenses.

4. Developments with credit received for private park or recreation areas shall have a covenant recorded which shall run with the land that: (a) restricts such areas from being altered or eliminated without the prior consent of the planning director and, (b) requires such areas to be maintained in an attractive, usable and safe condition at all times. The covenant shall also stipulate that, if the planning director determines that a violation of any of the above requirements has occurred, the current owner(s) shall be subject, at the planning director's option, to either payment of in-lieu fees based on the amount of credit originally received for the development or any other remedy available at law or equity including but not limited to injunctive relief for specific performance. The amount of in-lieu fees shall be according to the fee schedule in effect at the time the violation is determined to have occurred.

For subdivisions, the covenant for private park or recreation land and improvements shall be submitted to the county prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with such final documents. For all other developments, the covenant shall be submitted to the county for review and approval and then recorded with the county prior to issuance of a building permit for said developments.

5. Private park or recreation areas shall be reasonably adaptable for their intended purpose, taking into consideration such factors as size, shape, topography, geology, sun exposure, safety and security.

6. Facilities for private park or recreation areas shall be in substantial accordance with the provisions of the park and recreation element of the Alameda County general plan (or its successor document) and with the master or general plan of the local park agency.

7. Facilities shall exhibit quality workmanship and design shall be constructed with durable materials, and shall conform to standards required for public park or recreation facilities.

8. Private park or recreation areas shall contain at least two of the local park elements listed below, with the exception that a swimming pool shall provide the two required park elements:

All turf and planting areas offered for credit shall be completely irrigated by automatic irrigation systems.

Notwithstanding the above, credit equaling one hundred percent (100%) of the requirement may, at the planning director's discretion, be given for any of the above facilities which are open to the public on an unrestricted basis.

(Ord. 2004-81 § 1 (part))

Credit may be given for an in-lieu fee on up to a dollar for dollar basis for improvements which a developer makes to land which is dedicated to fulfill this requirement or to an existing public park or recreational facility, including improvements to a school property which is under management of a local park agency and is open to the public for recreational use, or for any other such actions which the planning director determines are consistent with the intent and purpose of this chapter. Such improvements and the value thereof shall be determined by the planning director after consultation with the developer, the appropriate subarea advisory committee as established by Section 12.20.190, and the local park agency. Said improvements must be permanent in nature.

Credit for development of park and recreation facilities may be given on up to a dollar for dollar basis for additional land which a developer dedicates to a local park agency. The amount of such credit shall be determined by the planning director, after consultation with the developer, the appropriate subarea advisory committee as established by Section 12.20.190, and the local park agency.

(Ord. 2004-81 § 1 (part))