§ 32.83

a. General Formula. When a fee is to be paid in lieu of land dedication, the fee shall be equal to the value of the land prescribed for dedication in subsection 32-83.11 and in an amount determined in accordance with paragraph b. below.

b. Amount of Fee . When a fee is to be paid in lieu of park land dedication, the amount of the fee shall be determined at the time of final map approval or building; permit issuance, whichever is the time of fee collection, and shall be based upon the fair market value of the amount of land which would otherwise be required for dedication under subsection 32-83.11.

c. Determination of Fair Market Value . The predominate zoning of the Town is single family residential. Therefore, for the purpose of determining the in lieu fee, the fair market value of a buildable acre is based upon the value of land zoned for single family residential development. For purposes of this section, a buildable acre shall mean a typical acre of land located in other than an area on which building is excluded because of flooding, topography, easements, or other restriction and would otherwise be suitable for active park development.

As of May 3, 2005, the market value of a buildable acre of land in Danville zoned single family residential is $985,543. This amount was established by review of assessors records and recent sales within the Town.

d. Establishment of Maximum Fee. Based on the value of an acre of land as established in subsection 32-83.12.c multiplied by the acreage required for dedication established in subsection 32-83.11, the maximum in lieu fee shall be:

Single family, detached $14,882 Single family, attached $10,053 Duplex $8,870 Cluster, 3 to 4 units $9,215 Cluster, 5 or more units $8,673

e. Determining Amount of Fee to be Paid. The actual fee to be paid shall be determined at the time the fee is due. The fee shall be the amount set forth in the following table, multiplied by any increase in the Consumer Price Index for the San Francisco Bay Area from July 3, 2005 to the date of payment. In no event shall the fee exceed the maximum specified in subsection 32-83.12d. above.

Single family, detached $7,873

Single family, attached $5,318 Duplex $4,692 Cluster, 3 to 4 units $4,875 Cluster, 5 or more units $4,588

f. For the purposes of this subsection:

Single Family, Detached means an unattached residential dwelling unit constructed on a single parcel.

Single Family, Attached means an attached residential dwelling unit constructed on a separate parcel.

Duplex means two (2) attached residential dwelling units constructed on a single parcel.

Cluster, 3 or 4 means residential dwelling units attached in groups of three (3) or four (4) constructed on a single parcel.

Cluster, 5 or More means residential dwelling units attached in groups of five (5) or more constructed on a single parcel.

g. Fees in Lieu of Land; 50 Parcels or Less . Only the payment of fees, not the dedication of land, may be required in a

development containing fifty (50) parcels or less.

However, nothing in this subsection prohibits the dedication and acceptance of land for park and recreation purposes in projects of fifty (50) parcels or less, where the developer proposes such dedication voluntarily and the land is acceptable to the Town.

(Ord. #69-85, §8-6212; Ord. #137, §§1, 2; Ord. #90-1, §§1 and 2; Ord. #90-21, §§1 and 2; Ord. 2003-08, §§2–4; Ord. 200502, §1)

Whether the Town accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

• a. The natural features, access, and location of land in the subdivision available for dedication;

• b. The size and shape of the subdivision and land available for dedication;

• c. The feasibility of dedication;

• d. The compatibility of dedication with the Danville Park and Recreation Element of the General Plan, and

• e. The location of existing and proposed park sites and trails.

The Town determination as to whether land shall be dedicated, a fee be charged, or a combination of both, is final.

(Ord. #69-85, §8-6213)

Division 3

CREDIT; EXEMPTIONS

The value of park and recreation improvements provided by a subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The Town reserves the right to approve such improvements before agreeing to accept the dedication of land and to require in lieu fee payments should the land and improvements be unacceptable.

(Ord. #69-85, §8-6220)

Where private open space or recreational facilities within the development, usable for active recreational uses, is provided and such area is to be privately owned and maintained by the future owner(s) of the development, the Town may give partial credit, not to exceed fifty (50%) percent against the requirement of land dedication or payment of fees. An application for partial credit should be made to the Town at the time the tentative map is submitted for official review so that dedication requirements can be determined as soon as possible.

(Ord. #69-85, §8-6221)

The standards for partial credit are that:

a. Yards, court areas, setbacks, and areas required by the zoning and building ordinances and regulations or in conjunction with Planned Unit Developments shall not be included in the computation private open space;

b. The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions;

c. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be eliminated without the consent of the Town;

d. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

e. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan; and

f. The open space for which credit is given is a minimum of one (1) acre and provides four (4) park elements from among those listed below:

1. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, have at least one (1) acre of maintained turf with less than five percent (5%) slope.

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hardsurfaced areas especially designed and exclusively used for court games.

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent (3%) of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

4. Recreation buildings and facilities are designed and used for the recreation needs of residents of the development.

g. Provision is made to grant up to one hundred percent (100%) credit if certain high demand facilities are constructed. The facilities so constructed must meet minimum size, configuration, and other standards as determined by the Town Manager or his designee, The facilities must be available for public use under a lease or similar agreement with a term of not less than twenty-five (25) years and be owned and maintained as described in subsection 32-83.22 paragraph b. above. The agreement shall provide for scheduled public use of not less than seventy-five percent (75%) of peak use times as determined by the Town.

d by the Town Manager or his designee, The facilities must be available for public use under a lease or similar agreement with a term of not less than twenty-five (25) years and be owned and maintained as described in subsection 32-83.22 paragraph b. above. The agreement shall provide for scheduled public use of not less than seventy-five percent (75%) of peak use times as determined by the Town.

h. The credit granted shall bear a reasonable relationship to the park and recreation needs of the subdivision residents met by the private facilities. The credit granted shall be related to the recreation facilities developed and the resulting reduction of the burden on public facilities to serve subdivision residents. The determination of the Town as to whether credit shall be given and the amount of credit is final.

(Ord. #69-85, §8-6222)

a. A permit to repair or rebuild a dwelling unit damaged by act of God, fire, or other natural disaster, is exempt from this section if the permit to rebuild is applied for within one (1) year of the damage or destruction.

b. This section does not apply to a commercial or industrial subdivision, or a condominium project or stock cooperative which consists of the subdivision of airspace in an existing apartment building if that building is more than five (5) years old and no new dwelling unit is added.

(Ord. #69-85, §8-6223)

32-83.24—32-83.29 Reserved.