Sec. 17-82. - Applicant's acknowledgment of adjustment or waiver.

As a condition of any adjustment or waiver made for a fee imposed upon a particular development project, the applicant may be required to provide an acknowledgment and waiver, in a form acceptable to the director, of any further right to protest or appeal the city's imposition of fees for that development project.

(Ord. No. 2014-1081, § 1, 11-25-14)

Secs. 17-83—17-99. - Reserved.

ARTICLE IV. - PARKLAND DEDICATION REQUIREMENTS AND IN-LIEU FEES

Sec. 17-100. - Subdivision ordinance amended.

This article sets forth and amends requirements for the dedication of land and the payment of in-lieu fees previously set forth in the Belmont Subdivision Ordinance, Ordinance No. 530, Section 6.10.

(Ord. No. 2014-1082, § 3, 11-25-14)

Sec. 17-101. - Authority.

This Article is adopted in accordance with the provisions of the Quimby Act (Government Code Section 66477) which is a part of the Subdivision Map Act, and implements the Parks, Recreation and Open Space Element of the City's General Plan and the City of Belmont Park and Open Space Master Plan.

(Ord. No. 2014-1082, § 3, 11-25-14; Ord. No. 2020-1152, § 2, 10-13-20)

Sec. 17-102. - Purpose and scope.

(a)

This article provides for the dedication of land, the payment of fees in-lieu thereof, or a combination of both, for park and recreational purposes in conjunction with the approval of residential subdivisions.

(b)

This article does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five (5) years old when no dwelling units are added.

(c)

Subdivisions containing less than five (5) parcels and not used for residential purposes are exempted from the requirements of this article. However, in that event, a condition shall be placed on the approval of a parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, an in-lieu fee shall be paid by the owner of each parcel as a condition of the issuance of the permit.

(Ord. No. 2014-1082, § 3, 11-25-14)

Sec. 17-103. - Tentative and final maps conditions.

(a)

Tentative map conditions. As a condition of approval of a tentative map or tentative parcel map for a residential subdivision, the approving body must require that land be offered for dedication, in-lieu fees to be paid, or both, for park and recreational purposes, according to the standards and formula contained in this chapter.

(b)

Final map conditions. At the time of final map or parcel map approval for recordation, the subdivider must, as required by the conditions of approval, offer to dedicate land, pay an in-lieu fee, or both, and provide improvement agreements and security for improvement of parkland for which the subdivider is receiving a credit.

(c)

Limitation on requiring dedication of land. In accordance with Government Code Section 66477(a)(7), the approving body may require dedication of land without the subdivider's consent only for:

(1)

Residential subdivisions containing more than fifty (50) parcels; or

(2)

Residential condominium, stock cooperative, or community apartment project containing more than fifty (50) dwelling units, even if the development contains fewer than fifty (50) parcels.

(d)

Fees required when parkland not dedicated. The approving body must require payment of an in-lieu fee as provided in section 17-105 when parkland is not dedicated.

(Ord. No. 2014-1082, § 3, 11-25-14)

Sec. 17-104. - Standards and formula for dedication of parkland.

(a)

Parkland Dedication Standard. The City's General Plan establishes a service standard goal of 5 acres of parkland per 1,000 residents. However, under the Quimby Act, the City's maximum dedication requirement is its existing ratio of neighborhood and community parks per 1,000 residents. The area of existing neighborhood and community parks is 3.44 acres per 1,000 residents. For purposes of this Article, the City therefore adopts a parkland dedication standard of 3.44 acres of parkland for every 1,000 persons.

(b)

Calculation of Dedication Requirement. Under the Quimby Act, a subdivision's dedication requirement is calculated based on the average number of persons for each dwelling unit type (single-family multi-family) as established by the most recent federal census. The average household size in the U.S. Census American Community Survey (5-year estimate, 2014-2018) is shown in Columns 1 and 2 in the following table. The parkland dedication requirement per dwelling type (Column 3) is computed by multiplying the average number of persons per dwelling type in Column 2 by the dedication standard in subsection (a). The subdivision's acreage dedication requirement (Column 4) is calculated by multiplying Column 3 by the number of dwelling units of each dwelling unit type contained in the subdivision and adding up the total acreage.

*U.S. Census American Community Survey (5-year estimate, 2014-2018)

(Ord. No. 2014-1082, § 3, 11-25-14; Ord. No. 2020-1152, § 3, 10-13-20)

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Sec. 17-105. - Formula for fees in-lieu of parkland dedication.

(a)

When a fee is required to be paid in-lieu of parkland dedication, the amount of the fee is be based upon the amount of land required to be dedicated as determined in section 17-104(b). The city council will establish

a fee amount per acre of land required to be dedicated based on the estimated fair market value of land in the city. The city council will establish the fee amount by resolution which it may amend from time to time.

(b)

A subdivider may request that the city complete an appraisal of the fair market value of the subdivided property. The appraisal shall be completed by a certified MAI appraiser retained by the city at the subdivider's expense. If the appraisal determines that the fair market value of the subdivided property varies from the estimated fair market value adopted by the city council by more than five (5) percent, the inlieu fee shall be based on the appraised value of the subdivided property as determined by the appraisal.

(Ord. No. 2014-1082, § 3, 11-25-14)

Sec. 17-106. - Use of in-lieu fees.

(a)

All in-lieu fees collected shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. As specified in the City of Belmont Park and Open Space Master Plan, community parks serve an area within a four-mile radius, and so serve residents in the entire city and all subdivisions. Neighborhood parks serve subdivisions that are within a one-half-mile radius of the park or within the same planning area, as planning areas are shown in the City of Belmont Park and Open Space Master Plan.

(b)

The city shall develop a schedule specifying how, when, and where it will use the fees to acquire and develop park or recreational facilities to serve the residents of the subdivision. Fees not committed within the timeframe required by Government Code Section 66477(a)(6) shall be distributed as provided therein.

(Ord. No. 2014-1082, § 3, 11-25-14)

Sec. 17-107. - Procedure and standards for determining requirement for land or fee for tentative maps.

(a)

Parks and recreation commission review. Before the approval of any tentative map with fifty (50) or more units, any condominium project with fifty (50) or more dwelling units, any tentative map or tentative parcel map where parkland dedication is proposed or improvements to dedicated parkland are proposed, or any tentative map or tentative parcel map where a credit for private recreational facilities is proposed, the park and recreation commission shall consider, after a report and recommendation from the park and recreation director, whether land should be dedicated, whether in-lieu fees should be paid by the subdivider, whether improvements should be made to neighborhood or community parks or dedicated land, whether a credit should be given for private recreational facilities, or any combination, in accordance with the standards in this article and the criteria listed in this section. The recommendation of the park and recreation commission shall be submitted to the approving body in its review of the tentative map or tentative parcel map.

(b)

Suitability of proposed parkland. Land proposed for dedication must meet the following standards:

(1)

Use of the land as parkland must be consistent with the goals and policies General Plan, any applicable specific plan, and the City of Belmont Park and Open Space Master Plan.

(2)

The proposed parkland must be suitable for the type of park being developed considering location, physical attributes, sufficiency of size and shape, constraints, and proximity to existing parkland.

(3)

The proposed parkland must have access to a public street.

(4)

Park and recreational purposes may include land for the activity of "recreational community gardening," as defined in the Quimby Act.

(c)

Parkland outside a subdivision. The city may approve the proposed dedication of parkland not located within the subdivision provided that the land proposed for dedication will serve the subdivision as described in section 17-106(a) and is otherwise suitable as described in this section 17-107(b).

(d)

Fee in lieu of dedication. If the proposed dedication of land does not meet the standards set forth in subsection (b), the subdivider shall pay a fee in lieu of land dedication. The fee amount shall be determined in accordance with section 17-105.

(e)

Land dedication and fee in lieu of dedication. The subdivider may both dedicate land and pay a fee in lieu of dedication when land suitable for dedication is smaller than that required by section 17-104.

(f)

Improvements to dedicated parkland. If the subdivider proposes to provide improvements and equipment on dedicated land, the proposed improvements and equipment shall be consistent with the general plan, any applicable specific plan, the City of Belmont Park and Open Space Master Plan, and any other applicable adopted standards. If the approving body for the tentative map or tentative parcel map approves the improvements and equipment, the value of the improvements and equipment shall be determined by the park and recreation director, and the value of the improvements and equipment shall be a credit against the dedication of land or payment of fees otherwise required by this article.

(g)

Credit for private recreational facilities. A credit may be granted for private recreational facilities provided within common interest developments, as defined in Section 1351 of the Civil Code, against required land dedications or in lieu fees if all of the following standards are met:

(1)

The private facilities are consistent with the all of the standards for mini-parks, neighborhood parks, or community parks contained in the City of Belmont Park and Open Space Master Plan.

(2)

The private facilities are open to the public.

(3)

The use of the private facilities is restricted to park and recreation purposes and their private ownership and maintenance are assured by recorded covenants that run with the land and cannot be eliminated without the consent of the city.

(4)

Credit granted for private recreational facilities shall be from zero percent to twenty (20) percent of the amount of required land dedication or in lieu fee imposed by this article. In no case shall credit exceed twenty (20) percent. The amount of credit shall be determined based on the degree to which the private facilities complement existing or proposed public facilities serving the subdivision, as shown in the City of Belmont Park and Open Space Master Plan; and the degree to which the private facilities reduce the burden on existing or proposed public park facilities serving the subdivision.

(Ord. No. 2014-1082, § 3, 11-25-14)

Sec. 17-108. - Implementation.

(a)

At the time of filing the final map or parcel map for recordation, the subdivider must offer to dedicate any land as required, pay any required in-lieu fee, and provide improvement agreements and security for improvement of parkland for which the subdivider is receiving a credit.

(b)

The city council will accept, accept subject to improvement, or reject the offer of dedication at the time of map approval.

(c)

The subdivider must coordinate any required improvements to public or private park and recreational facilities with the development of the subdivision to assure the availability of recreational facilities to serve the residents of the area.

(Ord. No. 2014-1082, § 3, 11-25-14)

Secs. 17-109—17-124. - Reserved. ARTICLE V. - PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT

Sec. 17-125. - Title.

This Article may be referred to as the "Public Art Ordinance."

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-126. - Definitions.

As used in this Article, the following terms have the meanings set forth below.

"Affordable housing" means housing that is restricted to occupancy at an affordable rent or an affordable housing cost to moderate-income households, low-income households, or very low-income households. The terms "affordable rent" and "affordable housing cost" are as defined in Health & Safety Code Sections 50053 and 50052.5 and their implementing regulations.

"Artist" means an individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work.

"Building development costs" means those construction costs as declared on building permit applications, and as accepted by the building official. Building permit applications include building, plumbing, mechanical and electrical permit applications for the project.

"Capital facility" means any building or structure that serves a particular purpose.

"Capital improvement" means any public project construction by the city to construct or remodel a cityowned, leased or controlled building, decorative or commemorative structure, park, street, sidewalk, parking facility or utility or any portion thereof, with the city limits.

"City-owned arts facility" means any city-owned capital facility primarily devoted to visual or performing arts, including performing arts centers, museums, cinemas, galleries, music venues, workshop and rehearsal spaces, and theaters.

"Developer" means any person that undertakes any construction within the city subject to the requirements in this article. Developer does not include the City of Belmont or other public agency.

"Floor area" means gross floor area as defined by the Belmont Zoning Ordinance except for purposes of this article floor area includes parking structures wherever located.

"Freely accessible" means the artwork is accessible to the public for viewing, in its entirety and in a direct line of sight without hindrances or visual obstacles, during regular business hours consistent with the operation and use of the premises. Nothing in this definition or article is intended to require access by any member of the public to any area not otherwise accessible to the public under normal operation and use of the premises.

"Maintenance" means the preservation of the public art, and where applicable of the lighting and surrounding landscaping, in good condition to the satisfaction of the city and protection of the artwork against physical defacement, mutilation or alteration.

"Public Art Advisory Committee" means the body designated by the city council to review and render a recommendation related to an alternative method of complying with this article.

"Public Art" means an artwork that is an original work in a space freely accessible to the public that includes but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, or crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials.

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-127. - Administrative regulations.

The city manager is authorized to adopt rules and regulations to implement this article and to develop all related forms and other materials and take other steps as needed to implement this article, and make such interpretations of this article as he or she may consider necessary to achieve the purposes of this article.

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-128. - Public art requirement.

(a)

Requirement. The following development projects must devote an amount not less than 1% of building development costs for acquisition and installation of public art on the development site:

(1)

Non-residential/Mixed Use. Non-residential and mixed use development involving 10,000 square feet or more of new floor area.

(2)

Residential. Residential development of 5 or more new dwelling units.

(b)

In-Lieu Contribution. At the discretion of the developer, and in lieu of installing public art, an in-lieu contribution may be paid to the city for acquisition and placement of public art in the city.

(c)

Alternative Public Location. A developer may propose to satisfy the public art requirement by acquisition and installation of freely accessible art on city property or in the public right-of-way. The proposed must be submitted to the Public Art Advisory Committee for review and recommendation to the city council. The council may approve the alternative location if it finds:

(1)

The artwork is acceptable and the alternative proposal will further the purposes of this article, the Public Art Master Plan, the General Plan and any applicable specific plan.

(2)

The cost of the alternative proposal will be equal to or greater than the cost of the public art requirement and establish freely accessible public art to an equal or greater extent than installation of the public art on the development site.

(3)

Adequate and acceptable provisions have been made for the maintenance and security of the public art.

(4)

The developer has agreed to enter into agreements reasonably necessary to memorialize the legal rights and obligations of all parties.

(d)

Exclusions. The article does not apply to:

(1)

A 100% affordable housing development that is consistent with Government Code Section 65915(b)(1)(G).

(2)

Reconstruction of a building damaged by accidental fire or natural disaster.

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-129. - Appeal.

The procedures in Belmont Zoning Ordinance Sections 10.11.13, 10.11.4 and 10.11.5 govern the review of a decision by a subordinate decisionmaker imposing a condition of approval related to a public art requirement. The city council is the reviewing body for all appeals. The city council may grant or denial the appeal in whole or in part and impose reasonable conditions as are necessary to comply with the law.

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-130. - Artist requirement.

(a)

Public art must be designed by either:

(1)

One or more independent artists; or

(2)

Independent artists working in conjunction with an arts or community organization in good standing and recognized by the IRS as having 501(c)(3) status.

(b)

For the purposes of this section, "independent artist" does not include members of the developer's firm or of an architectural, engineering, design, or landscaping firm retained for the design and construction of other portions of the development project.

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-131. - Compliance and maintenance.

(a)

Before Building Permit. At the time of filing the first building permit application for a project subject to this article, the developer must demonstrate compliance with this article to the building official by one of the following:

(1)

Payment of the full amount of the in-lieu fee;

(2)

Furnishing written proof of the complete submittal package required by the "Public Art for Private Development Checklist" including budget and artist contract(s) for projects on the development site;

(3)

Furnishing written proof of a city council approved alternative and compliance with any pre-building permit conditions of approval including any required agreements.

(b)

Before Certificate of Occupancy. Before issuance of a certificate of occupancy, the developer must do the following.

(1)

Install the public art unless the city manager has approved some other method of assuring compliance with the installation requirement.

(2)

Submit a maintenance plan approved by the city that includes information on materials, parts and fabricator contact information. Funds for maintenance and security of the artwork are not counted toward

compliance with the public art contribution requirement.

(3)

Record a covenant approved by the city attorney setting forth the developer and owner's obligations under this article with the San Mateo County Recorder, and submit a conformed copy to the city. The covenant must include a financial plan for the maintenance of the artwork, a schedule of future condition checks, and preventative maintenance and restoration to conserve the artwork at an appropriate level.

(4)

Install a plaque adjacent to the public art measuring no less than 8" x 8" or a proportionate size.

(5)

Obtain written approval of insurance coverage from the city's risk manager.

(c)

On-going Obligations. After the public art is installed, the developer and owner must comply with the following. Successors in interest assume these obligations.

(1)

Secure and maintain the public art in proper condition on an ongoing basis.

(2)

Maintain adequate insurance to cover the costs of the repair or replacement due to damage or theft.

(3)

Repair or replace damaged or stolen public art.

(4)

Not remove, relocate, change, alter, modify, or allow to be defaced, the public art or portion thereof without the express consent of the city.

(d)

Sale. Public art on private property may not be sold or transferred separately from the development project unless authorized by the city council and agreed to by the city in writing.

(e)

Inspection. The city may inspect public art to ensure it is being maintained as required by this article and may require demonstration of insurance compliance from time to time.

(f)

Alternative compliance. The city council may modify the requirements of this section when approving an alternative method of compliance.

(Ord. No. 2020-1155, § 2, 12-8-20)

Sec. 17-132. - Damaging prohibited.

Unless an artwork poses imminent danger to life or property, no person may destroy, permanently remove, relocate, change, alter, modify, or allow to be defaced, any artwork or portion thereof without the express consent of the city.

(Ord. No. 2020-1155, § 2, 12-8-20)