San Ramon Municipal Code Ch. XI Open Space Development Impact Fee

Contents: C4-160. - Purpose of provisions. C4-161. - Definitions. C4-162. - Amount of the open space development impact fee. C4-163. - Imposition of open space development impact fee. C4-164. - Exemptions. C4-165. - Payment of fees. C4-166. - Disposition of fees. C4-167 through C4-174. - Reserved.

City of San Ramon, CA | Municipal Code 431

This Chapter is adopted pursuant to the general powers reserved to the city under its city charter for the purpose of authorizing an open space development impact fee. The fees adopted in this chapter shall be assessed upon landowners developing such property for any residential use in order to provide all or a portion of the funds which will be necessary to acquire open space and design, construct and install open space improvements required to meet the needs of and address the impacts caused by new development. It is the intent and purpose of the city to protect and promote the public health, safety and welfare by acquiring open space and designing, constructing, and installing open space facilities, such as trails, necessitated by new development in the city. Furthermore, it is the intent and purpose of the city that landowners undertaking the new development pay the costs of the acquiring open space and development of open space improvements and that the costs shall not be or become a responsibility of the city's general fund. (Ord. No. 486, § 1, 12-11-2018)

(Ord. No. 486, §1, 12-11-2018; Ord. No. 537, § 1D (Exh. 4), 03/24/2026) The following definitions shall apply to provisions of this chapter: Automatic annual adjustment means the automatic annual adjustment of open space development impact fee based on the inflation factors identified by the applicable Nexus Fee Study.

Effective on: 4/23/2026 Development means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements. Development project means any project undertaken for the purpose of development, exclusive of projects undertaken by or for public agencies, including, without limitation, schools and parks. Dwelling unit means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepting therefrom any unit rented or leased for temporary residency for fewer than thirty (30) days, such as a motel or hotel room (which shall be considered a commercial use). Fee resolution means any resolution adopted by the city council which implements the provisions of this chapter, including, without limitation, the setting of the amounts of the fee established hereby and the adoption of provisions for credits, reimbursements and deferral relating to the fees. Government Code means the Government Code of the State of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as it may thereafter be amended or renumbered from time to time. Nexus Fee Study means the current and applicable Development Impact Fee Justification Study including other studies, reports, and all supporting data referred to and relied upon in the study to establish applicable fees, which may thereafter be amended, supplemented, or updated from time to time with adoption by the City Council.

Effective on: 4/23/2026 Open space development means the open space facilities to be designed, constructed and installed to meet the needs of and address the impacts caused by the additional persons residing on a property as a result of new development.

City of San Ramon, CA | Municipal Code 432

Open space development impact fee means the monetary exaction as defined by subsection (b) of Government Code Section 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.

A. The city council shall establish by resolution the specific initial and subsequent amounts of the open space development impact fee. B. Future open space development impact fees will be subject to the automatic annual adjustment inflation factors as provided for by the applicable Nexus Fee Study. (Ord. No. 486, §1, 12-11-2018; Ord. No. 537, § 1D (Exh. 4), 03/24/2026)

Effective on: 4/23/2026

A. The open space development impact fee established under this chapter shall be imposed on real property located within the city based upon the following types of development: 1. The construction on the property of a new building or structure containing one or more dwelling units; 2. The construction on the property of alterations or additions to an existing building or structure that adds one or more dwelling units to such existing building or structure; or 3. The change in use of an existing building or structure on the property from a previous nonresidential use to a residential use. B. Except as may be expressly provided in this chapter, no building permits or extension of permits relating to the activities described in subsection (A)(1) of this section shall be granted unless and until the appropriate open space development impact fee has been paid to the city in accordance with the provisions of this chapter. C. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision of this chapter, the open space development impact fee established pursuant to this chapter shall apply to any development project that receives a residential development approval or permit, whether discretionary or nondiscretionary, from the city, and where the approval or permit is conditioned upon payment of an open space development impact fee. (Ord. No. 486, § 1, 12-11-2018)

A. The following shall be exempted from payment of the open space development impact fee established by this chapter: 1. Alterations, renovations, or expansion of an existing residential building or structure where no additional dwelling units are created and the use has not changed. 2. The replacement of a destroyed or partially destroyed or damaged building or structure with a new residential structure. 3. A development project that is the subject of a development agreement executed prior to the effective date of the ordinance codified in this chapter, and the development agreement does not require the payment of an open space development impact fee. 4. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building that is more than five years old and no new dwelling units are added. 5. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined by California Government Code Section 66313, as amended.

City of San Ramon, CA | Municipal Code 433

(Ord. No. 486, §1, 12-11-2018; Ord. No. 537, § 1D (Exh. 4), 03/24/2026)

Effective on: 4/23/2026

Fees shall be paid proportionately as each building permit is issued to create a dwelling unit. (Ord. No. 486, § 1, 12-11-2018)

A. Fees shall be paid to the city and shall be deposited into the open space trust fund ("the open space fund"), or its successor. Money in the fund, including accrued interest, shall be expended solely for the purpose as established by this chapter. Collected fees shall be appropriated by the local agency for a specific project to serve residents of the development in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the dwelling units created by the development, whichever occurs later. B. If such fees are not so committed, these fees shall be distributed and paid to the then recorded owners of the development in the same proportion that the size of their dwelling units bears to the total area of all dwelling units in the development. C. The city shall report to the city council at least annually on income, expenditures and status of the open space fund. (Ord. No. 486, §1, 12-11-2018; Ord. No. 537, § 1D (Exh. 4), 03/24/2026)

Effective on: 4/23/2026

C4-167 through C4-174. - Reserved.