San Ramon Municipal Code Ch. X Parkland Dedication

City of San Ramon, CA | Municipal Code 484

C5-155 through C5-160. Reserved. - Editor's note— Ord. No. 482, § 1, adopted Sept. 11, 2018, repealed former Ch. X, §§ C5-141—C5-155, in its entirety and enacted new provisions as herein set out. Former Ch. X pertained to similar subject matter an d derived from Ord. No. 406, § 2, adopted Oct. 28, 2008.

This Chapter is adopted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the general plan of the city. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

A. As a condition of approval of a tentative subdivision map, the subdivider shall be required to dedicate land, pay a fee in lieu thereof, or both, for park or recreational purposes at the time and according to the criteria and formula contained in this chapter. The condition shall be determined by the review authority after considering the recommendation of the parks and community services director and/or the parks and community services commission. B. The San Ramon 2040 General Plan establishes a guideline for public parkland of six and one half acres per one thousand residents, at General Plan buildout. Government Code Section 66477 limits the ability of the city in approving a tentative subdivision map to requiring dedication of land, payment of in-lieu fees, or a combination of both, to the amount necessary to provide three acres per one thousand persons unless existing park area within the city exceeds that threshold in which case a higher calculation not to exceed five acres per one thousand persons may be applied. Public parkland within the City of San Ramon exceeds the three acre per one thousand person threshold. Accordingly, the formula for dedication of land and the calculation of in-lieu fees set forth in this chapter shall be based upon the calculation of providing 4.91 acres of public parkland for each one thousand persons. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

A. Where a park or recreation facility has been designated in or is consistent with policies in the general plan of the city, and 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 dedicate land for a park sufficient in size and topography that bears a reasonable relationship to serve the present and

City of San Ramon, CA | Municipal Code 485

future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the formula set out in subsection B of this section. B. The formula for determining acreage to be dedicated shall be as follows: A = 4.91xN/1,000 Where "A" is the park area required to be dedicated in acres and "N" is the average number of persons per Equivalent Dwelling Unit (a measurement of residential unit that standardizes different types of development based on their anticipated demand for parks or other services) as defined in the applicable Nexus Fee Study methodology (2.61 persons per Equivalent Dwelling Unit for 2026 Nexus Study). C. The dedicated land shall be delivered to the city as an improved parcel conforming primarily to the off-site improvements required for the subdivision. Offsite improvements essential to the acceptance of land for dedication include but are not limited to: 1. Full street improvements and utility connections including, but not limited to street paving, traffic control devices, street trees, street lighting, curb, gutter and sidewalk to land which is dedicated pursuant to the provisions of this chapter. 2. Fencing along the property line of that portion of the subdivision contiguous to the dedicated land. 3. Extension of utility lines. 4. Improved drainage through the site. 5. The provision of other minimal improvements which the city council determines to be essential to the acceptance of land for residential purposes. D. For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the approved tentative map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. E. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

A. If the review authority determines that dedication of land is not appropriate, the subdivider shall, in lieu of dedicating land, pay a fee equal to the parkland impact fee and the associated rate in the Nexus Fee Study established by the San Ramon Municipal Code DIVISION C4, Chapter XIV (Parkland Impact Fee). B. Fees In Lieu of Land—Fifty Parcels or fewer. If the proposed subdivision contains fifty parcels or fewer, the subdivider shall pay a fee equal to the parkland impact fee and the associated rate in the Nexus Fee Study established by the San Ramon Municipal Code DIVISION C4, Chapter XIV ( Parkland Impact Fee). However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or fewer where the subdivider proposes such dedication voluntarily and the land is acceptable to the review authority and city council. C. Use of Money. The money collected hereunder shall be held in the city's Parkland Trust Fund and shall be used only for the purpose of acquiring necessary land and developing new, or rehabilitating

City of San Ramon, CA | Municipal Code 486

existing, park or recreational facilities reasonably related to serving the subdivision or greater San Ramon community. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

If for any reason, the review authority determines on a subdivision of more than fifty parcels that only a portion of the land otherwise required to be dedicated under Section C5-143 be actually dedicated, the value of the additional land shall be paid through an in-lieu fee computed in accordance with the parkland impact fee and the associated rate in the Nexus Fee Study established by the San Ramon Municipal Code DIVISION C4, Chapter XIV ( Parkland Impact Fee). (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

Whether the review authority requires 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 general plan of the city. E. The location of existing and proposed park sites and trailways. The determination of the review authority as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed common interest development as defined in Civil Code Section 1351, partial credit, in an amount not to exceed fifteen percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof if the review authority finds that it is in the public interest to do so and that all the following criteria are met: A. Yards, court areas, setbacks and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space. B. Private park and recreation facilities shall be owned by a homeowners' association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for proportionate share of expenses for maintaining facilities. C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor.

City of San Ramon, CA | Municipal Code 487

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location. E. Facilities proposed for the open space are in substantial accordance with the provisions of the parks and recreation element of the general plan. F. The open space for which credit is given is generally a minimum of three acres and provides one or more of the local park basic elements listed in this subsection, or a combination of such other recreation improvements that will meet the specific recreation needs of future residents of the area as determined by the review authority: 1. Recreational open spaces, which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball and football and have at least one acre of maintained turf with less than a five percent slope. 2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games. 3. Recreation swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen square feet of water surface area for each three percent of the population of the subdivision with a minimum of eight hundred square feet of water surface area per pool together with adjacent deck and/or lawn area twice that of the pool. 4. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development. 5. Trailheads and trails that connect neighborhoods, and are accessible to the public. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

Fees shall be paid proportionately as each building permit is issued. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

Fees determined pursuant to this chapter shall be paid to the city and shall be deposited into the parkland trust fund ("the parkland fund") or its successor. Money in the parkland fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements related thereto. Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision 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 lots created by the subdivision, whichever occurs later. If such fees are not so committed, these fees shall be distributed and paid to the then recorded owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots in the subdivision. The city shall report to the city council at least annually on income, expenditures and status of the Parkland Fund. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

City of San Ramon, CA | Municipal Code 488

A. Subdivisions containing four or fewer parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. B. The provisions of this chapter do not apply to commercial or industrial subdivisions, nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and when no new dwelling units are added. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The city council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in- lieu fee payments should the land and improvements be unacceptable. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

Land or fees required under this chapter shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map approval, the review authority shall determine whether the city is the appropriate local public agency. The city, county or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve the subdivision or greater San Ramon community. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the review authority if the review authority determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. (Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

If during the ensuing time between dedication of land for park purposes and commencement of first- stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for purchase of a more suitable site.

City of San Ramon, CA | Municipal Code 489

(Ord. No. 482, § 1, 9-11-2018; Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026

C5-155 through C5-160. Reserved. -

(Ord. No. 537, § 3 (Exh. 8), 03/24/2026)

Effective on: 4/23/2026