Brisbane Municipal Code Ch. 16.24 Park Improvements—bay Access

Footnotes:

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Editor's note— Ord. No. 566, §§ 9 and 10, adopted October 7, 2013, in effect repealed Chapter 16.24, §§ 16.24.010—16.24.090 in their entirety and enacted new Chapter 16.24 as set out herin. The former Chapter 16.24 pertained to park improvements—bay access—natural heating and cooling and derived from Ord. 282, 1982. See subsection 16.16.220(G), for provisions relating to the former § 16.24.090.

The subdivider shall provide for adequate and appropriate recreational facilities for the subdivision by the dedication of land in the subdivision or by the payment of fees in lieu thereof, in accordance with the conditions and requirements of this section; provided, however, that the requirements of this section may be satisfied by a development agreement between the subdivider and city council. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. Any fees collected shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(Ord. No. 566, § 9, 10-7-13)

Where there are more than fifty (50) lots to be established in the subdivision or when a condominium project, stock cooperative, or community apartment project exceeds fifty (50) dwelling units even though the number of parcels may be less than fifty (50), and where land therein can be properly located for public recreational facilities in accordance with the policies and standards for parks and recreation facilities contained in the general plan or applicable specific plan, the subdivider shall dedicate an area for such purposes on the basis of three (3) acres dedicated for each one thousand (1,000) population within the subdivision to be developed, assuming 2.35 persons per proposed unit.

(Ord. No. 566, § 9, 10-7-13)

Where there are fifty (50) lots or less in the subdivision or fifty (50) units or less in a residential condominium project, stock cooperative, or community apartment project, the subdivider shall, in lieu of dedication of land, pay a fee in a sum equivalent to the following formula: Number of proposed units times 2.35 persons per household divided by 1,000 times 3 acres times the fair market value of 1 acre of the subject property as determined by the planning director at the time of the filing of the tentative map. A residential condominium project, stock cooperative, or community apartment project with more than fifty (50) units may be required to dedicate land, even though the number of lots may be less than fifty (50), or pay a fee in lieu.

(Ord. No. 566, § 9, 10-7-13)

A. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.

B. If a condominium project or other common interest development provides private open space within the development which is usable for active recreational uses, the value of such land shall be a credit against the payment of fees or dedication of land required by this chapter.

(Ord. No. 566, § 9, 10-7-13; Ord. No. 612, § 7, 12-8-16)

A. At the time of approval of the tentative map, the approving agency shall determine pursuant to this chapter the land to be dedicated and/or the fees to be paid by the subdivider. At the time of filing of the final map or final parcel map, the subdivider shall dedicate the land or pay the fees as previously determined, except as provided below.

B. Open space covenants for private park or recreational facilities shall be submitted to the city upon the filing of the final subdivision or parcel map and shall be recorded contemporaneously with such map.

C. At the time of approval of the final map, the approving agency shall specify when development of the park and recreational facilities shall be commenced.

D. Any waiver of a tentative and final subdivision map or parcel map pursuant to Section 16.12.025 or Section 16.12.050 shall nevertheless be subject to dedication of land, payment of fees and/or recordation of open space covenants as required by this chapter.

(Ord. No. 566, § 9, 10-7-13; Ord. No. 612, § 8, 12-8-16)

The provisions of Sections 16.24.010 through 16.24.050 shall not apply to:

A. Subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, that a condition of approval of the tentative parcel map may require that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit;

B. 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. Commercial or industrial subdivisions;

D. Condominium projects restricted so as to be affordable to households with very-low or low-incomes, subject to restrictions approved by the city and recorded with the county of San Mateo, for which outdoor areas are provided in compliance with Section 17.30.030;

E. Condominium projects designed and restricted to use by households with one or more members who are sixty-two (62) years of age or older, subject to restrictions approved by the city and recorded with the county of San Mateo.

(Ord. No. 566, § 9, 10-7-13)

A. No tentative or final subdivision or parcel map of any subdivision fronting upon the shoreline of San Francisco Bay shall be approved unless the subdivision provides or has available reasonable public access by fee or easement from public highways to land below the ordinary high water mark within or at a reasonable distance from the subdivision.

B. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated.

C. Reasonable public access shall be determined by the planning commission.

D. In making the determination at what shall be reasonable public access, the planning commission shall consider:

1. That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel;

2. The size of the subdivision;

3. The type of shoreline and appropriate public use;

4. The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(Ord. No. 566, § 9, 10-7-13)