Redwood City Municipal Code § 30.67 Requirements

A. This Article shall be known and may be cited as the "Redwood City Quimby Act Implementation Ordinance."

B. The requirements of this Article are imposed upon subdivisions pursuant to the authority granted by the Quimby Act (Government Code Section 66477).

C. This Article shall apply to the extent permitted by the statutes and laws of the State of California.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

The following words and terms as used in this Article shall have the meaning respectively ascribed thereto:

ADMINISTRATOR: Means the Director of Parks, Recreation and Community Services, or their designee, who shall administer the provisions of this Article.

AFFORDABILITY AGREEMENT: Means an agreement, to which the City is a party, that:

1. Identifies itself as an Affordability Agreement pursuant to this Section;

2. Restricts ownership (in the case of owner occupied housing) or tenancy (in the case of rental housing) to persons at or below a specified income level;

3. Restricts purchase price or rental costs to a level affordable to such owners or tenants, using the affordability calculations applicable to expenditures of moneys from the low and moderate income trust funds established pursuant to the Community Redevelopment Act;

4. Has a term of not less than fifty (50) years; and

5. Is determined by the City Manager to contain sufficient provisions to permit enforcement of these restrictions by the City and recapture in-lieu fee credit in the event of breach of the Affordability Agreement.

DWELLING UNIT: Means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one (1) kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one (1) household on a long-term basis.

ENR: Means the construction cost index published in the Engineering News Record, or if such index is no longer published, its successor.

IMPACT FEE PROJECT LIST: Means the list of park improvements, approved by resolution of the City Council and maintained on file in the office of the Administrator, to be funded in part or in whole by fees levied by the City pursuant to Article XVI of Chapter 18 of this Code.

LOW INCOME HOUSING UNIT: Means a dwelling unit that is restricted, by means of an affordability agreement, to be affordable to persons with income of not more than eighty percent (80%) of area median income and to be owned (in the case of owner-occupied housing) or leased (in the case of rental housing) only by such persons.

MODERATE INCOME HOUSING UNITS: Means a dwelling unit, other than a low income housing unit, that is restricted, by means of an affordability agreement, to be affordable to persons with income of not more than one hundred twenty percent (120%) of area median income and to be owned (in the case of owner-occupied housing) or leased (in the case of rental housing) only by such persons.

PARK IMPROVEMENT: Means and includes the planning, design, construction, acquisition, installation, improvement or expansion of any mini parks, neighborhood parks, community parks and special use parks, including associated or appurtenant recreational facilities and equipment and acquisition of land necessary for any park improvement.

RESIDENTIAL USE: Means a "dwelling," as that term is defined in Section 2.32 of the Zoning Code.

SITE IMPROVEMENTS: Means:

1. Full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees and sidewalks to land which is dedicated pursuant to this Section;

2. Fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Improved drainage through the site; and

4. Other minimal improvements which the City Council determines to be essential to the acceptance of the land for recreation purposes.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. As a condition of approval of a tentative or final subdivision map or parcel map, the subdivider shall dedicate land for park or recreational purposes, pay a fee for such purposes, or both, according to the standards and formulas contained in this Article.

B. At the time of approval of the tentative map or parcel map for the subdivision, the City Council shall determine the amount of land that is required to serve a subdivision and may be required for dedication pursuant to Section 30.69 and the amount of the fee required by Section 30.70.

C. The requirements of this Article shall not apply to any commercial or industrial subdivision.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. It is found and determined that the public interest, convenience, health, welfare and safety require that 2.75 acres of property for each one thousand (1,000) persons residing within this City be devoted to park and recreational purposes.

B. The following formula shall be used to determine the amount of parkland required to serve a subdivision:

[required parkland (acres)] = [expected population] * .00275

C. For purposes of subsection B, above, expected population shall be calculated based on the following standard, which is derived from the most recent federal census available at the time this Section was adopted:

Single-family residences (attached and detached one-unit structures): 2.90 persons per dwelling unit

Multifamily (two (2) or more units): 2.49 persons per dwelling unit

D. For the purposes of subsection C, above, there shall be the following rebuttable presumptions:

1. When all or part of a subdivision is located in an area zoned for one (1) dwelling unit per parcel, the number of new dwelling units for that portion of the proposed subdivision will be the number of parcels indicated on the subdivision map.

2. When all or part of the subdivision is located in an area zoned for more than one (1) dwelling unit per parcel, the number of proposed dwelling units in that portion of the proposed subdivision shall equal the maximum allowed under that zone.

3. In the case of a condominium project, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of proposed dwelling units shall be the number of condominium units.

E. For purposes of subsection C, above, dwelling units lawfully in place prior to the date on which the parcel or final map is filed shall not be included in calculations.

F. For purposes of subsection C, above, the expected population of a Low Income Housing Unit shall be deemed to be zero (0) and the expected population of a Moderate Income Housing Unit shall be deemed to be one-half (½) of the expected population otherwise indicated in subsection C. The City will provide needed parkland for such dwelling units using other available resources.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. Where a park or recreation facility has been designated in the Impact Fee Project List, and such facility is located in whole or in part within the proposed subdivision and will serve the immediate and future needs of the residents of the subdivision, the subdivider may dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision.

B. The subdivider shall, without credit, provide the following site improvements to any land dedicated pursuant to this Section:

1. Full street improvements and utility connections, including curbs, gutters, street paving, traffic control devices, street trees, and sidewalks adjacent to land which is dedicated pursuant to this Section; and

2. Fencing along the property line of the subdivision contiguous to the dedicated land as approved by the City Engineer.

C. The land to be dedicated and the site improvements to be made pursuant to this Section shall be approved by the Administrator, who shall not grant approval to any proposed improvement that does not meet the standards set forth in the Impact Fee Project List.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. The fee required with respect to a subdivision shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision, and shall be calculated by first subtracting the acreage dedicated pursuant to Section 30.70 from the parkland requirement for that subdivision and then multiplying the result of that calculation by a per acre land cost calculated pursuant to subsection B, below.

B. The cost per acre of land for purposes of subsection A, above, shall be three million eight hundred sixty-five thousand three hundred eighty-two dollars ($3,865,382.00).

C. A credit against the fee required by this Section may be given for dedications of park improvements constructed or provided at private expense and for the value of land dedicated to the City that is necessary or useful to a park improvement. Such credit will be granted only if, prior to dedication, the City Council determines (i) that the dedicated land or improvement is included on the Impact Fee Project List and (ii) that the grant of the credit, in lieu of the fee, will not cause the City to delay the implementation of park improvements that are of higher priority, in the judgment of the City Council, than the land or improvements to be dedicated. At the time the City Council makes these determinations, it must also make a determination of the maximum credit that will be allowed for the dedication, which maximum credit shall not exceed the City Council's reasonable estimate of the fair market value of the park improvement and/or land. The amount of any credit granted pursuant to this subsection shall not exceed the lesser of (i) the actual documented construction costs for the dedicated improvement plus the value of any dedicated land as supported by a professional appraisal or (ii) the maximum credit approved by the City Council pursuant to this subsection. No credit shall be given pursuant to this subsection for any dedication required by or made pursuant to Section 30.70, as the value of such dedications are already reflected in the calculation made pursuant to subsection A, above.

D. Beginning July 1, 2023, and on each July 1 thereafter, each dollar amount set forth in this Article shall increase without further action by the City according to the following formula:

City Council-Approved Rate * (Most Recent ENR/ENR at City Council-Approval

Where the "City Council-Approved Rate" is the rate set forth in this Article, "Most Recent ENR" is the most recently published Construction Cost Index for the San Francisco Bay Area in the Engineering News Record when the calculation is made and "ENR at Council-Approval" is the Construction Cost Index published for the month in which the Council adopted the "Council-Approved Rate." The Administrator shall calculate the increased fee annually and give notice of that calculation in the manner required by law for the publication of ordinance of the City Council.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. If a subdivider dedicates land for park purposes pursuant to Section 30.70(A) then, in lieu of any credit available pursuant to Section 30.71(C) and only to the extent required by Section 66477 of the California Government Code, the subdivider may elect to have the value of park and recreational improvements provided by the subdivider to the dedicated land credited against the dedication requirement set forth in Section 30.70(A).

B. Common interest developments, as defined in Section 1351 of the California Civil Code, shall be eligible to receive a credit against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this Section, for the value of open space within the development, which is usable for active recreational uses. For purposes of this subsection, open space shall be deemed "useable for active recreational uses" only if, in the judgment of the City Council, that space meets the following criteria:

1. The open space is at least one (1) acre in size;

2. At least twenty-five percent (25%) of the space is developed with amenities that permit active recreation that may include, but is not limited to, swimming pools, basketball, soccer, baseball, volleyball, tennis, football or similar courts, and playground equipment; and

3. At least fifty percent (50%) of the open space area consists of smooth grass spaces with a grade of no more than one-foot rise in twenty-five (25) feet that can be divided into rectangles each of no less than five hundred (500) square feet, with the shorter side of each rectangle being no less than twenty (20) feet wide.

The value of such private open space shall be determined by the City Council, based upon a professional appraisal produced by an independent consultant selected by the City and paid for by the subdivider. Such appraisal shall take into account only the value of such open space in the marketplace if it were restricted to use as open space usable for active recreational uses and sold separately from the remainder of the subdivision. The valuation shall not take into account the amount the City (or any other public entity) might pay for such open space unless, in the opinion of the City Council, the City or another public entity has an established history or policy of purchasing open space in the City of similar size, configuration and use.

The credited amount shall be as follows:

i. One hundred percent (100%) credit for space open to the public during normal City Park hours.

ii. Twenty-five percent (25%) credit for space open to the residents of the subdivision only.

C. Where a credit granted pursuant to subsection A or B of this Section is applied to a land dedication requirement, as opposed to a fee requirement, the amount of such credit shall be calculated at a rate of one (1) acre of credit for each three million eight hundred sixty-five thousand three hundred eighty-two dollars ($3,865,382.00) in value of park and recreational improvements (in the case of a credit pursuant to subsection A of this Section) or private open space useable for active recreational uses (in the case of a credit pursuant to subsection B of this Section).

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. The City shall develop a schedule specifying how, when, and where it will use the land and fees accepted or collected pursuant to this Article to develop park or recreational facilities to serve the residents of the subdivisions for which such dedications or payments have been made. Any fees collected shall be committed within five (5) years after the payment of the fees or the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

B. All fees collected shall be deposited into a subdivision park trust fund. Money in that fund, including accrued interest, shall be used only for the purpose of developing new or capacity enhancing park or recreational facilities that serve the subdivision for which the fees were paid.

C. Land and improvements accepted by the City pursuant to this Article shall be used only for the purpose of developing new or rehabilitating existing neighborhood or Community Park or recreational facilities that serve the subdivisions for which the fees were paid.

D. There is no requirement that any park or recreational facility fully or partially funded pursuant to this Article or dedicated to the City pursuant to this Article be accessible only to the residents of a specific subdivision, and all such parks and recreational facilities shall be open to the public in the manner specified by the City Council and by City policy.

E. Collected fees shall be appropriated by the City or paid for a specific project to serve residents of the subdivision in a budgetary year within five (5) years upon receipt of payment or within five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. Any fee required by this Article shall be payable with respect to the entire subdivision when any application is submitted for any building permit in the subdivision. However, payment of the portion of the fee attributable to each parcel in the subdivision may be deferred to the date of approval of the final building inspection of the building on that parcel, provided the subdivider enters into a recordable agreement with the City prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval of the final building inspection shall not be granted until the fee is paid. The agreement shall also provide that, in any action to collect the fee or any portion thereof, the City shall be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The City Manager may execute such agreements on behalf of the City in a form acceptable to the City Attorney.

B. A credit granted pursuant to Section 30.71(C) shall be applied when the City accepts the land or improvement. If the City Council has made the determinations required by Section 30.71(C), payment of a portion of the required fee equal to the amount of an expected credit against the fee may be deferred to the date of approval of the final building inspection of the development, provided the owner of the real property for which the fee is required enters into a recordable agreement with the City prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval of the final building inspection shall not be granted until the fee is paid or the credit issued. The agreement shall also provide that, in any action to collect the fee or any portion thereof, the City shall be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The City Manager may execute the agreement on behalf of the City in a form acceptable to the City Attorney.

C. If a building permit or other entitlement for a subdivision expires without commencement of construction, then the subdivider shall be entitled to a refund, without interest, of the in-lieu fee paid as a condition for its issuance, except that the City shall retain two percent (2%) of the fee to offset a portion of the costs of collection and refund. The applicant shall apply in writing for such a refund within thirty (30) calendar days of the expiration of the permit; provided, that the Administrator may extend such period for good cause, not to exceed six (6) months.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

Any person, corporation, or other business entity violating or causing the violation of any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Section 1.7(A) of this Code. Notwithstanding, the foregoing, the provisions of this Article may also be enforced by legal or equitable action, or both such actions, all such remedies being cumulative.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)