Chapter 19.74 — PARK DEDICATION FEES FOR RENTAL HOUSING PROJECTS

The city council hereby finds that multifamily rental housing projects have a significant effect on the use and availability of parks and recreation space and facilities, and that the limited open space and recreation amenities provided by multifamily residential housing projects are insufficient to meet the needs of the residents for open space and recreational facilities. The council further finds that increased population, regardless of the type of housing, impacts existing open space resources and increases the need to improve, expand and/or develop new parks, open space and recreation facilities. While multifamily residential complexes do provide limited open space areas and recreation amenities, they are insufficient to meet the needs of people for more and larger open space areas. The intent of this chapter is to treat multi-family/ rental housing developments in the same fashion as other residential development in the city requiring that such development pay its fair share toward improvements, and/or purchase and development of parks and recreational facilities. The provisions of this chapter are enacted pursuant to Article IV of the Charter of the city of Sunnyvale and the Sunnyvale general plan. (Prior zoning code § 19.86.010; Ord. 2623-99 § 1)

As a condition of approval of any multifamily, residential housing project, other than a subdivision as defined in Chapter 18.10 of this code, the owner and/or developer shall dedicate land, pay a fee, 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 open space and recreation subelement of the general plan, and the park or facility is to be located in whole or in part within a proposed multifamily residential housing project, to serve the immediate and future needs of the residents of the rental housing project, the owner and/or developer shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the project. The park land to be so dedicated shall conform to locations and standards set forth in the general plan. 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 this chapter establishing the formula for land dedication or for payment of fees in lieu thereof.

• (b) Fees In Lieu of Dedication. If there is no park or recreational facility designated or required in whole or in part within a proposed multifamily residential housing project, the owner and/or developer shall be required to pay a cash payment in lieu of the land equal to the value of the land as determined by this chapter.

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

• (1) An applicant is developing a multifamily residential unit project on land on which no park has been designated or proposed; or

• (2) Dedication is impossible, impracticable, or undesirable, as determined by the city; or

• (3) The proposed multifamily residential housing project contains twenty or fewer units.

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City of Sunnyvale, CA § 19.74.020

ZONING

§ 19.74.040

• (c) Dedication and Fees Required. In certain multifamily residential housing projects in excess of twenty units, a combination of land dedication and fee payment may be required. These shall be projects in which:

  • (1) Only a portion of the land to be developed is proposed in the general plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the project, 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 recreational site falling within the project has already been acquired, and only a small portion of 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.

2. A major part of the park or recreational site falling within the project has already been acquired, and only a small portion of 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.

• (d) Use of and Basis for In-Lieu Fees. The money collected pursuant to this chapter is to be used only for the purpose of providing park or recreational facilities to serve the multifamily residential housing project from which the fees are collected. Fees so collected shall be used to purchase land, buy equipment or construct improvements in neighborhood and district parks and recreational facilities serving the housing project. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

(Prior zoning code § 19.86.020; Ord. 2623-99 § 1)

In accordance with the open space and recreation sub-element of the general plan, it is found and determined that the public interest, convenience, health, welfare and safety require that acres of property, as prescribed below, for each one thousand persons residing within each neighborhood planning area within the city be devoted to public park and recreational facilities. The Murphy planning area shall be divided by Fair Oaks Avenue into two sections, to be designated Murphy West and Murphy East. The table that follows prescribes the acreage requirements and their effective dates. Multifamily residential housing projects are subject to the acreage requirement in effect at the time the planning permit application is deemed complete.

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Effective Date Acres of Property Per One Thousand Persons
Until June 30, 2010 1.75 acres
July 1, 2010 - June 30, 2011 2.25 acres
July 1, 2011 - June 30, 2012 3.00 acres
July 1, 2012 - June 30, 2013 3.5 acres
July 1, 2013 - June 30, 2014 4.25 acres
July 1, 2014 and thereafter 5.00 acres
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(Prior zoning code § 19.86.030; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2; Ord. 2953-11 § 3)

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.74.040

§ 19.74.070

In determining dedication or in-lieu fee payment requirements under this chapter, the following table, derived from density assumptions of the general plan and prevailing household sizes, shall apply:

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Acreage Requirement Per Dwelling Unit Within Housing Project
July 1, July 1, July 1, July 1,
Dwelling 2010 to 2011 to 2012 to 2013 to July 1,
Dwelling Units Per Until June June 30, June 30, June 30, June 30, 2014 and
Category Net Acre 30, 2010 2011 2012 2013 2014 thereafter
Low density 7 or fewer 0.0048125 0.0061875 0.0082500 0.009625 0.0116875 0.01375
residential
Low-medium Over 7 to 14 0.0043750 0.0056250 0.0075000 0.00875 0.010625 0.0125
density
residential
Medium density Over 14 to 0.0031500 0.0040500 0.0054000 0.0063 0.00765 0.009
residential 27
High density Over 27 0.0031500 0.0040500 0.0054000 0.0063 0.00765 0.009
residential
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A deduction for the number of existing dwelling units will be allowed in calculating the land dedication or in-lieu fees required pursuant to this chapter as set forth in Section 19.74.070. (Prior zoning code § 19.86.040; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2)

The planning commission shall upon approving a development permit for a multifamily residential housing project, 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 the conditions shall be attached as conditions of permit approval.

(Prior zoning code § 19.86.050; Ord. 2623-99 § 1)

Annually, on a fiscal year basis, the director of community development shall determine the fair market value for an acre of land in the city. The fair market value amount shall be included in the fee resolution adopted by the city council. The fair market value applicable to the calculation of all park in-lieu fees shall be based on the fee in effect at the time of complete building permit application submittal. The calculation of all park in-lieu fees shall be applied at building permit application submittal and payable prior to building permit issuance.

(Prior zoning code § 19.86.060; Ord. 2623-99 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 4; Ord. 2953-11 § 4)

For the purposes of the formula established by this section, the following definitions shall apply:

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City of Sunnyvale, CA § 19.74.070

ZONING

§ 19.74.080

• A — the acreage required per dwelling unit within the proposed residential housing project for park and recreational facilities from Section 19.74.040.

• B — the number of dwelling units in the proposed residential housing project.

• C — the fair market value per acre of land.

• D — the number of existing dwelling units.

• F — the in-lieu fee required. L — the land required for dedication.

The following formula shall be used in calculating land required for dedication:

A x (B-D) = L

The following formula shall be used in calculating fees to be paid in lieu of land dedication:

A x (B-D) x C = F (Prior zoning code § 19.86.070; Ord. 2623-99 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 4)

Any dwelling units designated as affordable housing are exempt from the total number of dwelling units used in the calculations in Section 19.74.070.

(Prior zoning code § 19.86.080; Ord. 2623-99 § 1; Ord. 2976-12 § 14)

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City of Sunnyvale, CA