Danville Municipal Code § 32.83 Requirements and Standards

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. 2005-02, §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)