Article 6 — Procedures

At the time of the submittal of a tentative map for official city review or application for building permit when no map is required, the owner shall, as part of such filing or application, indicate whether he or she prefers to dedicate land or facilities or both for park, trail and recreation purposes, or to pay a fee in lieu thereof, or do a combination of these. If the owner prefers to dedicate land, the specific land shall be recommended. The owner must clearly identify those elements for which he or she is requesting partial credit. Additionally, the owner shall provide evidence as to how the dedicated facilities or land are to be maintained. (Ord. 05-06 § 2 Exh. A (part))

The City Council, upon recommendations of the Parks and Recreation and Planning Commissions, shall determine whether to require a dedication of land, payment of a fee in lieu thereof, or a combination of both. In making this determination, the City Council shall consider the following factors: A. Whether or not lands offered for dedication will substantially comply with the open space, parks, schools and utilities element of the general plan; B. The topography, soils, soil stability, drainage, access, location and general utility of the land in the development available for dedication; C. The size and shape of the development and land available for dedication; D. The potential use of adjacent land (e.g., school playgrounds or public park lands) in combination with dedicated lands for the development of local park and recreation facilities and open space; E. The space or local park and recreation facilities to be privately owned and maintained by future residents of the development; and F. Credit to be given under Article 4 of this chapter. (Ord. 05-06 § 2 Exh. A (part))

A. Land. When land is to be dedicated, it shall be offered for dedication in the manner provided for by law for the dedication of streets and other easements. When a recorded covenant concerning the ownership, maintenance or use of private areas and facilities for park and recreational purposes under Section 3.28.110(B) or (C) is required, the covenant shall be submitted to the city for approval of the final map, parcel map or building permit, whichever occurs first. Such covenants shall be recorded at the same time as the final or parcel map, or if there is no map, when the building permit is issued. B. Fees. When a fee is required, it shall be paid to the park dedication fund of the city of Orinda at the time of the recording of the final map or parcel map or issuance of a building permit, whichever occurs first.

(Ord. 05-06 § 2 Exh. A (part))

At the time the city approves the final map, parcel map or building permit, the city shall designate when the owner must begin and complete development of the park, trails and recreational facilities, including either on-site or off-site improvements. A report of same shall be made to the Planning Commission and Parks and Recreation Commission. (Ord. 05-06 § 2 Exh. A (part))

The fees and interest earned thereon shall be accounted for in the park dedication fund by the Finance Director until committed by the city. (Ord. 05-06 § 2 Exh. A (part))

A. If the land in a final subdivision map or parcel map is reverted to acreage and the fees paid have not been committed, the City Council may order return of the fees and interest earned thereon, less administration costs, upon written request of the applicant. B. If a building permit is canceled or voided and the fees have not been committed, the City Council may order return of the fee and interest earned thereon, less administration costs, upon written request of the applicant. (Ord. 05-06 § 2 Exh. A (part))

A. Damage or Destruction. A permit to rebuild a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an expansion of the footprint of the dwelling unit. B. Nonresidential Subdivision. This chapter does not apply to subdivisions containing less than five parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map approval of such a subdivision: "If, within four years, a building permit is requested for construction of

a residential structure on one or more of the parcels, the owner of each such parcel shall be required to comply with this chapter before the permit is issued." C. Other Exceptions. This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added. D. No Duplication. No fee or land dedication is required on a parcel for which park dedication requirements have previously been met, unless the owner proposes to add a new bedroom to or increase the footprint of an existing dwelling unit. E. Affordable Housing. Affordable housing in a single-family or multifamily development is exempt from this chapter if a written contract restricting the use as affordable housing for thirty (30) years is entered into with the city, except that if a finding is made under Government Code Section 65589.5(d), then the housing will be subject to this chapter. If during the term of the contract any unit subject to the contract does not qualify as affordable housing, then the contractor or successor shall pay the then current fee attributable to all of the units covered by the contract. (Ord. 05-06 § 2 Exh. A (part))