Mountain View Municipal Code Ch. 41 Park Land Dedication or Fees in Lieu Thereof

The city council hereby finds that development of residential subdivisions as well as single-family dwellings, duplex dwellings, multiple dwellings, apartments, mobile homes, townhouses and other dwelling units have a significant effect on the use and availability of park and recreation space and facilities, and that the limited open space and recreation amenities provided by these residential developments are insufficient to meet the needs of the residents for open space and recreational facilities. The intent of this chapter is to require that such developments contribute their fair share toward the purchase, development and/or improvement of park and recreational facilities. The provisions of this chapter are enacted pursuant to the Charter, the open space section of the environmental management chapter of the general plan and the park and open space plan of the city as well as Sections 66477 and 66479 of the Government Code of the State of California, as may be applicable.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 3.21, § 1, 4/13/21.)

As used in this chapter:

"Affordable housing" for purposes of this chapter shall mean housing which costs a very low-, low- or moderate-income household no more than approximately thirty (30) percent of its gross monthly income as defined in Sec. 36.40.05 of Chapter 36, Article XIV of the City Code.

"Community park" shall include, but is not limited to, Shoreline at Mountain View Regional Recreation and Wildlife Area.

"Historic resource" is as defined in Chapter 36, Article XVI, Division 15 of the City Code."

"Land dedication," "dedicate land" or "land to be dedicated" and other such references to land dedicated pursuant to this chapter shall mean, for purposes of this chapter, land dedicated to the city in fee simple ownership.

"Privately owned/publicly accessible open space" (POPA) shall mean a parcel of private land made accessible to the public that meets the requirements set forth in Sec. 41.11.

"Subdivider" shall mean a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision.

"Subdivision" shall mean the same as defined in Section 66424 of the California Government Code.

"Subdivision map" shall mean any map filed pursuant to any proceedings for subdivision as defined in Chapter 28 and this chapter.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 3.21, § 2, 4/13/21.)

As a condition of approval to construct any new single-family dwelling, duplex dwelling, multiple dwelling, apartment building, mobile home, townhouse and other dwelling unit other than a subdivision (hereinafter referred to as "residential development" in this chapter), the owner and/or developer shall dedicate land, pay a fee or both at the option of the city, for park or recreational purposes. The terms "single-family dwelling, duplex dwelling, apartment, mobile home, townhouse and other dwelling unit" shall be as defined in Chapter 36 of this Code. Said land dedication or fee payment, or both if required, shall be a condition precedent to the issuance of any required building, electrical, plumbing or mechanical permit for new residential development, except as otherwise provided in Government Code Section 66007(a) and (b), and in the event of deferred fee payment, the owner and/or developer shall enter into a recordable agreement pursuant to Government Code Section 66007(c) and subject to the approval of the city.

a. Dedications of sites. Where a park or recreational facility has been designated in the open space section of the environmental management chapter of the general plan, a precise plan or the park and open space plan of the city, and the park or facility is to be located in whole or in part within a proposed residential development, to serve immediate and future needs of residents of the residential development, the owner and/or developer may be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the residential development. The park land to be dedicated shall conform to locations and standards set forth in the general plan, a precise plan, if applicable, and the park and open space plan of the city. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose. The amount of land to be provided shall be determined pursuant to the standards set forth in Secs. 41.5 through 41.9 of this chapter establishing the formula for land dedication or for payment of fees in lieu thereof. Any land offered for dedication to the city that creates new parcels or alters existing property lines shall comply with the subdivision regulations required in Chapter 28 of this Code.

b. If park land is dedicated in accordance with this section, the development standards for a project, as set forth in Chapter 36 of the City Code or an adopted precise plan, shall be calculated to include the dedicated park land for floor area, lot size and density.

c. Fees in lieu of land dedication. If there is no public park or recreational facility designated or required in whole or in part within the proposed residential development, which meets the requirements set forth herein, the owner and/or developer shall be required to pay a fee in lieu of land dedication equal to the value of the land as determined by Secs. 41.5 through 41.9 of this chapter.

A fee in lieu of land dedication hereunder shall be required when:

1. An applicant is developing land on which no park is shown or proposed in the general plan, a precise plan or the park and open space plan; or

2. Dedication is impossible, impractical or undesirable as determined by the public works director, zoning administrator or city council as appropriate; or

3. The proposed residential development contains fifty (50) or fewer units.

d. Dedication and fees required. In certain residential developments in excess of fifty (50) units, a combination of land dedication and fee payments may be required. These shall be residential developments in which:

1. Only a portion of the land to be developed is proposed in the general plan, a precise plan or park and open space plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the residential development, shall be dedicated for park purposes, and a fee shall then be required in lieu of any additional land that would have been required to be dedicated under this chapter; or

2. A major part of the park or recreation site falling within the residential development has already been required, and only a small portion of the land is needed from the applicant to complete the park or recreation site, in which case, the land needed shall be required for dedication, and a fee shall then be required in lieu of the additional land that would have been required to be dedicated under this chapter.

e. Use of and basis for in-lieu fees. The fees collected pursuant to this chapter are to be used only for the purpose of providing park or recreational facilities to serve the residential development from which fees are collected in accordance with the service area requirements as shown in Table 41.3 of this chapter. Fees so collected shall be used to purchase land, buy equipment, construct improvements or rehabilitate a proposed or existing mini-park, neighborhood park, community park, recreational facility, Stevens Creek Trail, community gardening facility or combination thereof serving said residential development. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

Table 41.3 Park Service Area and Size

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 3.21, § 3, 4/13/21.)

As a condition of approval of any final subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes according to the following standards:

a. Dedication of sites. Where a park or recreational facility has been designated in the parks and recreation section of the open space section of the environmental management chapter of the general plan, a precise plan or the park and open space plan of the city, and the park or facility is to be located in whole or in part within the proposed subdivision, to serve the immediate and future needs of the residents of the subdivision, the subdivider shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the subdivision area. The park land to be so dedicated shall conform to locations and standards set forth in the general plan, a precise plan, if applicable, and the park and open space plan of the city. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose. The amount of land to be provided shall be determined pursuant to the standards set forth in Secs. 41.5 through 41.9 of this chapter establishing the formula for land dedication or for payment of fees in lieu thereof.

b. If park land is dedicated in accordance with this section, the development standards for a project, as set forth in Chapter 36 of the City Code or an adopted precise plan or master plan, shall be calculated to include the dedicated park land for floor area, lot size and density.

c. Fees in lieu of land dedication. If there is no park or recreational facility designated or required in whole or in part within a proposed subdivision which meets the requirements set forth herein, the subdivider shall be required to pay a fee in lieu of land dedication equal to the value of the land as determined by Secs. 41.5 through 41.9 of this chapter.

A fee in lieu of land dedication hereunder shall be required when:

1. A subdivider is subdividing land on which no park is shown or proposed in the general plan, a precise plan or the park and open space plan; or

2. When dedication is impossible, impractical or undesirable as determined by the subdivision committee or city council as appropriate; or

3. When the proposed subdivision contains fifty (50) parcels of land or less.

d. Dedication and fees required. In certain subdivisions in excess of fifty (50) parcels of land, a combination of land dedication and fee payment may be required. These shall be subdivisions in which:

1. Only a portion of the land to be subdivided is proposed in the general plan, a precise plan, or the park and open space plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the subdivision, shall be dedicated for park purposes, and a fee shall then be required in lieu of any additional land that would have been required to be dedicated under this chapter; or

2. A major part of the park or recreation site falling within the subdivision has already been acquired, and only a small portion of land is needed from the subdivider to complete the park or recreation site, in which case the land needed shall be required for dedication, and a fee shall then be required in lieu of the additional land that would have been required to be dedicated under this chapter.

e. Use of and basis for in-lieu fees. The fees collected pursuant to this chapter are to be used only for the purpose of providing park or recreational facilities to serve the subdivision from which fees are collected in accordance with the service area requirements as shown in Table 41.3. Fees so collected shall be used to purchase land, buy equipment, construct improvements or rehabilitate a proposed or existing mini-park, community park, neighborhood park, recreational facility, Stevens Creek Trail, community gardening facility or combination thereof serving said subdivision. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 3.21, § 4, 4/13/21.)

In accordance with the open space section of the environmental management chapter of the Mountain View General Plan, it is hereby found and determined that the city currently provides park and recreational facilities to its residents at a ratio in excess of the three (3) acres per one thousand (1,000) standard set forth in state law. The public interest, convenience, health, welfare and safety require that three (3) acres of property for each one thousand (1,000) persons residing within the city be devoted to public parks and recreational facilities.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 3.21, § 5, 4/13/21.)

In calculating dedication and in-lieu fee requirements under this chapter, the following table, derived from the density assumptions of the general plan, shall apply:

Table 41.6 Density Formula

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 10.16, § 1, 6/14/16; Ord. No. 3.21, § 6, 4/13/21.)

The public works director, zoning administrator, subdivision committee or city council, as appropriate, shall, upon approving a residential development or subdivision map, determine the conditions necessary to comply with the requirements for park land dedication or fees in lieu thereof as set forth in this chapter, and said conditions shall be attached as conditions of approval. The establishment of said conditions for projects other than a subdivision map shall comply with Government Code Section 66001.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15.)

a. An appraiser shall determine the fair market value ranges for an acre of land in Mountain View, which shall be adopted by resolution of the city council for each density listed in Table 41.6.

b. The city shall determine the park land dedication requirement within the adopted range of fair market values for the applicable density of the project at the time a formal application for a residential development is submitted. Nothing shall preclude the city from recalculating the park land dedication requirement based on modifications to the application or any preexisting site or development conditions.

c. If a residential development application is resubmitted with modifications that results in a change in the project's dwelling density category per Table 41.6, then the park land dedication requirement shall be revised based upon the fair market value ranges in effect at the time of application resubmittal.

d. If the developer objects to the fair market value, the city, at developer's expense, shall obtain an appraisal of the property by a qualified independent real estate appraiser, agreed to by the city and the developer, and the value established by said appraiser using standard recognized appraisal techniques to establish fair market value will be accepted as the fair market value of the land in the proposed development.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 3.21, § 7, 4/13/21.)

For the purpose of the formula established by this section, the following definition shall apply:

"A" equals the park land dedication acreage required per dwelling unit within the proposed residential development for park and recreational facilities as set forth herein and in Section 41.6 of this chapter.

"B" equals the number of new dwelling units in the proposed residential development.

"C" equals the fair market value per acre of land in the proposed residential development.

"F" equals the in-lieu fee required.

"L" equals the land required for dedication.

The following formula shall be used in calculating the land required for the dedication under this chapter:

A × B = L

The following formula shall be used in calculating the in-lieu fees required to be paid under this chapter:

A × B × C = F

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15.)

Any fees collected for these purposes shall be committed within five (5) years after payment of such fees or issuance of building permits on one-half of the units of the residential development, whichever occurs later. The requirements of this section as they relate to fees collected from developments other than subdivisions shall be consistent with Government Code Section 66001.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15.)

a. Privately owned/publicly accessible (POPA) open space credit.

1. Credit amount. Privately owned/publicly accessible (POPA) open space proposed in a residential or mixed-use residential development that meets the eligibility requirements set forth herein may receive a credit up to seventy-five (75) percent of the value of the land devoted to the POPA open space against the land dedication or fees in-lieu thereof required by this Chapter.

2. Eligibility criteria. To be eligible for POPA open space credit, the POPA open space must meet either the general requirements set forth in subsection (a) or the alternate proposal requirements set forth in subsection (b).

(a) General requirements.

(i) A minimum size of 0.4 acre or, if the residential development is located within a precise plan or master plan with identified open space, the minimum size of the identified open space in the precise plan or master plan.

(ii) The space shall conform with the provisions of the parks, open space and community facilities chapter of the general plan and provisions of the Parks and Recreation Strategic Plan.

(iii) The POPA open space shall be located with frontage of a public street(s) or with a prominent and highly visible entrance easily accessible to the public and, in all cases, have minimum dimensions of one hundred (100) feet on all sides.

(iv) The POPA open space complies with the city's guidelines for hydration stations and restroom buildings in city parks.

(v) The POPA open space will include a sign(s) with notification of the area as public open space and posted hours, name and contact information for maintenance. The sign shall be reviewed and approved through a sign permit pursuant to Chapter 36 of the city code.

(vi) Required elements. The entirety of the POPA open space shall consist of any combination of elements, but not less than one (1) element, meeting the minimum requirements as defined in Table 41.11. The selected elements must be supported by the required analyses as set forth in subsection d.2.(b), Process.

Table 41.11 Open Space Credit Elements

(vii) Exclusion from credit.

1.) Yards, court areas, setbacks, decorative landscape areas, bike and pedestrian paths and other open areas required with residential site design by a precise plan, master plan or zoning code shall be excluded from the credit computation of POPA open space.

2.) Irregularly shaped land with limited utility, accessibility or topographic conditions that are unsuitable for elements described in Table 41.11 shall not be eligible for credit.

(b) An alternate proposal is a unique, high-quality open space proposal that may not otherwise be achieved through the general requirements in subsection (a).

An alternate proposal may be eligible for a POPA open space credit if greater than one (1) acre of single, contiguous land is provided and the POPA open space:

(i) Serves a diverse park user population; and

(ii) Provides design benefits greater than the general requirements set forth in subsection (a).

3. Term and maintenance. All POPA open spaces shall be maintained as set forth in this Section.

(a) The POPA open space shall be publicly accessible during the operating hours of city parks.

(b) The POPA open space shall be wholly owned and maintained by the property owner(s), homeowner association(s) or some combination thereof of the residential development awarded the credit.

(c) The right of the public to access and use the open space shall be recorded against the property by an easement, covenant or restrictions subject to review and approval by the city attorney, and such right shall run with the land in perpetuity.

(d) The property owner shall enter into an agreement with the city in conjunction with, or as part of, the easement, covenant or restrictions to identify maintenance responsibilities, procedures for future modifications or upgrades to the POPA open space and violation and/or penalties for noncompliance subject to review and approval by the city attorney. The agreement shall indemnify the city for use of the POPA open space by the public.

(e) Any future redevelopment of a project site granted a POPA open space credit shall submit a formal development application and be required to provide the minimum acreage of the POPA open space as originally credited. The POPA open space shall be subject to compliance with the requirements of this Chapter in place at the time of application submission.

b. Historic resource. Where a historic resource is preserved or rehabilitated as part of a residential development, a credit may be given against the requirement of land dedication or fees in lieu thereof due on the residential development, required by this Chapter, up to a maximum of fifty (50) percent of the value of the land dedication or fees in lieu thereof required by this Chapter. This Section may also apply to the relocation of a historic resource provided it is preserved or rehabilitated in conjunction with the relocation. The developer, as part of the application for a credit, shall file an application for a historic preservation permit pursuant to Section 36.54.45, et seq. Credit may be awarded pursuant to subsections d. and e. of this Section when it is in the public interest to do so.

c. Affordable housing. Because affordable housing is an important community need, the affordable housing units included in new development projects shall not be included in the total number of dwelling units used to calculate the park land dedication requirement set forth in Sections 41.5 through 41.9. This exemption shall not include affordable housing units in otherwise market-rate developments provided pursuant to density bonus law (under state law and as set forth in Chapter 36, Article XVI, Division 8 of the city code).

d. Process.

1. To request a credit pursuant to this Section, the applicant shall submit a written request specifying the credit being sought at time of a formal development application submittal, which shall include a description of how the request meets the credit requirements in this Chapter. Each request for a credit shall also include the information required under subsections (2), (3) or (4) as applicable.

2. For the POPA open space credit, the applicant shall also submit the following with a formal development application:

(a) Dimensional site, design and landscaping plans that detail the proposed POPA open space and elements; and

(b) Analyses.

(i) A demographic analysis of the area within one (1) mile of the proposed POPA open space (measured from the project site boundary), including the target demographics of the new residential development.

(ii) An analysis of the elements at the closest public parks and/or POPA open spaces within one (1) mile of the project site, up to a maximum of five (5) parks and/or POPA open spaces.

3. For the historic resource credit, the applicant shall also submit with a formal development application an itemized cost estimate of planned rehabilitation or relocation costs for the historic resource.

4. For the affordable housing credit, the applicant shall also submit with a formal development application the number of affordable units within the residential development as defined in Section 41.2.

e. Approval.

1. POPA open space and historic resource credits may be awarded by the city council with written findings that the applicable requirements are met.

2. The affordable housing credit may be awarded when the public works director, community development director, community services director, subdivision committee or city council, as appropriate to the development application, makes written findings that the applicable requirements are met.

f. Housing developments subject to administrative approval. Notwithstanding any provision to the contrary, a request for POPA open space and/or historic resource credits submitted by housing developments subject to administrative approval under Section 36.44.75 of the city code shall be reviewed and approved administratively by the community services director, in consultation with the community development director and public works director, and shall be approved only if the requested credit satisfies all applicable objective criteria set forth in this Chapter.

(Ord. No. 4.97, 3/25/97; Ord. No. 4.07, 6/12/07; Ord. No. 2.12, § 3, 2/14/12; Ord. No. 7.15, § 1, 10/13/15; Ord. No. 2.19, § 1, 4/9/19; Ord. No. 3.21, § 8, 4/13/21; Ord. No. 11.2026, § 14, 6/9/26.)

a. The requirements established in Section 41.3 relating to single-lot development projects shall not apply to the subdivision of land as defined by the Subdivision Map Act of the State of California; nor shall they be construed to limit the city's power to require fees or land dedication for park or recreation purposes as a condition of approval of a tentative map or preliminary parcel map pursuant to the Subdivision Map Act of the State of California or Chapter 28 of this Code; nor shall they apply to the repair of damages caused by natural disasters such as earthquakes, floods or fires as determined by the city; nor shall they apply to the construction of any nonresidential buildings or structures; nor shall they apply to any unit for which the park and recreation fee has been paid based on the fee density formula established on July 28, 1971; nor shall they apply to an existing building that is altered or expanded where no additional residential units are created and where the use is not changed; nor shall they apply to the first single-family dwelling unit in a single-family residential district (R1) as defined in Chapter 36 of the Mountain View City Code; nor shall they apply to single room occupancy (SRO) living unit facilities as defined in Chapter 36 of the Mountain View City Code.

b. The requirements established in Section 41.4 relating to subdivisions shall not apply to commercial or industrial subdivisions, nor do they apply to nonresidential condominium units, nor do they apply to projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five (5) years old when no new dwelling units are added, nor do they apply to parcel maps for a subdivision containing less than five (5) parcels and not used for residential purposes; nor do they apply to a maximum of two (2) dwelling units that exist on a property if, at the time the subdivision is approved, the existing units are to remain on the property, nor do they apply to any units for which the park and recreation fee had been paid based on the density formula established on July 28,1971.

(Ord. No. 4.97, 3/25/97; Ord. No. 7.15, § 1, 10/13/15.)