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Ordinance: ORD 1519-2016
File Number: 16-381 Enactment Number: ORD 1519-2016
ORDINANCE AMENDING CHAPTER 19.24 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE TO MODIFY THE
AMOUNT AND METHOD OF CALCULATION FOR THE
DEDICATION OF LAND AND PAYMENT OF A FEE IN LIEU
OF DEDICATION OF LAND PURSUANT TO THE QUIMBY
ACT.
WHEREAS,parks and recreational facilities are vital to the health and welfare of a community; and
WHEREAS, the City of South San Francisco ("City") aims to provide sufficient levels of parks and
recreational facilities for its residents; and
WHEREAS, the City's General Plan and Parks and Recreation Master Plan aims to provide three
acres of parks and recreational facilities per 1,000 residents; and
WHEREAS, Guiding Policy 5.1-G-1 of the City's General Plan provides that the City should
"[d]evelop additional parkland in the city, particularly in areas lacking these facilities, to meet the
standards of required park acreage for new residents and employees"; and
WHEREAS, Implementing Policy 5.1-1-2 of the City's General Plan provides that the City should
"[m]aintain parkland standards of 3.0 acres of community and neighborhood parks per 1,000 residents";
and
WHEREAS, Goal #1 of the Parks and Recreation Master Plan provides that the City"should provide
a minimum of 3 acres of developed park land per 1,000 residents"; and
WHEREAS, residential subdivision projects attract new residents to the City, which generates
increased demand for parks and recreational facilities and impacts existing park service levels; and
WHEREAS, the City adopted Sections 19.24.030 through 19.24.120 of the South San Francisco
Municipal Code in 1981 ("Ordinance") pursuant to Government Code section 66477 ("Quimby Act") in
order to require developers of proposed residential subdivisions to dedicate land for parks or pay an
in-lieu fee ("Fee"); and
WHEREAS, since a significant period of time has passed since the adoption of Sections 19.24.030
through 19.24.120, certain revisions, updates and amendments are necessary to ensure that the ordinance
is operating adequately and achieving the City's objectives ("Amendments"); and
WHEREAS, the Amendments provide that the City Council will, by resolution, set the average fair
market value for land in the city necessary for calculating the Fee, set an administrative fee to
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File Number: 16-381 Enactment Number: ORD 1519-2016
cover the cost of administering the Ordinance, and set the annual adjustment of the Fee, which will be
accomplished by a separate resolution; and
WHEREAS, the City has caused to be prepared an impact study entitled "City of South San
Francisco Parkland Acquisition and Park Construction Fees Quimby Act and Mitigation Fee Act
Report," which report was prepared by Municipal Resources Group, LLC dated March 2016 ("Fee
Study"), a copy of which is on file in the Office of the City Clerk and Parks and Recreation
Administrative Office and is hereby made a part of this Ordinance by reference; and
WHEREAS, the Fee Study analyzes Chapter 19.24 and describes the amounts necessary to fund City
park and recreational facilities and a description of the reasonable relationship between the land to be
dedicated or the Fee to be paid and the new development requiring such parkland and park facilities and
recommends amendments to Sections 19.24.030 through 19.24.120 of the City's Municipal Code; and
WHEREAS, at least fourteen (14) days prior to the public hearing at which the Amendments
were considered, notice of the time and place of the hearing was mailed to eligible interested parties who
filed written requests with the City for mailed notice of meetings on new or increased fees or service
charges; and
WHEREAS, the Fee Study was available for public inspection,review, and comment for ten(10)
days prior to the public hearing at which the City Council considered the Amendments; and
WHEREAS, ten (10) days advance notice of the public hearing at which the Amendments were
considered was given by publication; and
WHEREAS, the action taken by the Amendments has no potential for physical effects on the
environment because it involves the modification of the method of calculating the amount of land to be
dedicated and/or payment of a Fee and/or charges imposed by the City, does not commit the City to any
specific project, and said calculation of land and/or Fee are applicable to future development projects
and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance
with the California Environmental Quality Act("CEQA") when sufficient physical details regarding said
projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,
Section 15004(b)(1)). Therefore, approval of the modification of the calculation of the land to be
dedicated and or the Fee to be paid is not a "project" for purposes of CEQA, pursuant to CEQA
Guidelines, Section 15378(b)(4); and, even if considered a "project" under CEQA, is exempt from
CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty
that there is no possibility that approval of the modification of the calculation of the land to be dedicated
or the Fee to be paid may have a significant effect on the environment; and
WHEREAS, the City Council of the City of South San Francisco finds as follows:
A. After considering the Fee Study, the testimony received at the noticed public meeting at which
the Amendments were considered, the accompanying staff report, the General Plan, the General Plan
EIR, the Parks and Recreation Master Plan and all correspondence received at or prior to the public
meeting(the"Record"),the City Council approves and adopts the Fee Study; and the
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File Number.• 16-381 Enactment Number. ORD 1519-2016
City Council further finds that future development in the City will generate the need for the park and
recreational facilities necessitating adoption of the Amendments.
B. The City currently provides park and recreational facilities to the community and the dedication
of land and/or payment of the Fee set forth in the Amendments will be used to maintain current levels
and assist the City in meeting its stated goals for park and recreational facilities under the General Plan,
Parks and Recreation Master Plan and other applicable plans. As such, the dedication of land and/or
payment of the Fee modified under the Amendments as it relates to development within the City is not a
"project" within the meaning of CEQA(Pub.Res. Code §21080(b)(8)(D)).
C. The Record establishes:
1. The cost estimates set forth in the Fee Study are reasonable estimates for acquiring parkland
and constructing park and recreational facilities and the Fee expected to be generated by future
development will not exceed the projected cost of acquiring parkland and constructing park and
recreational facilities.
2. The Fee Study is a detailed analysis of how parks and recreational services will be affected
by development in the city and the parks and recreational facilities necessary to accommodate that
development.
3. The amount of land to be dedicated and/or the payment of the Fee under the Amendments are
consistent with the General Plan and, pursuant to Government Code Section 65913.2, the City Council
has considered the effects of the Fee and the amount of the land to be dedicated with respect to the City's
housing needs as established in the housing element of the General Plan.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as
follows:
SECTION 1. Amendments
The City Council hereby amends the following sections of Chapter 19.24 of the South San Francisco
Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are
not included below, and shall remain in full force and effect.
19.24.030 Regulations for dedication of park and recreation land-Generally.
Regulations for dedication of land, payment of fees, or both, for park and recreation land in
subdivisions can be found in Sections 19.24.040 through 19.24.110.
19.24.040 Park and recreational facilities.
Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as
set forth in this section and Sections 19.24.030 through 19.24.110 for the purpose of providing park and
recreational facilities to serve future residents of such subdivision.
19.24.050 Application.
(a) Except as provided in Subsection (b) below, as a condition of approval of a tentative or final
subdivision map or parcel map, a subdivider shall either dedicate land pursuant to Section
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File Number.• 16-381 Enactment Number: ORD 1519-2016
19.24.080,pay a fee pursuant to Section 19.24.090, or do both.
(b) Pursuant to California Government Code section 66477(a)(8), subdivisions containing less than
five (5) parcels and those not used for residential purposes, shall be exempted from the dedication of
land or fees required under Sections 19.24.030 through 19.24.110 of this chapter. However, if a building
permit is requested for construction of a residential structure or structures on one or more of the parcels
within four (4) years of the approval of a map, the City shall require the owner of each parcel to pay the
fee as a condition of the issuance of the building permit. In addition, the provisions of Sections
19.24.030 through 19.24.110 shall not apply to commercial or industrial subdivisions or 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 when no new dwelling units are added.
19.24.070 Population density.
(a) Population density for the purpose of Sections 19.24.030 through 19.24.110 shall be determined
using the same average number of persons per household as that disclosed by the most recent federal
census of South San Francisco or a census of South San Francisco taken pursuant to Chapter 17
(commencing with Section 40200) of Part 2 of Division 3 of Title 4 of the Government Code.
(b) The basis for determining the total number of dwelling units shall be the number of such units
permitted by the City on the property included in the subdivision at the time the final subdivision tract
map is filed with the City Council for approval.
19.24.080 Amount of land to be dedicated.
(a) The amount of land required to be dedicated by a subdivider pursuant to Sections 19.24.030
through 19.24.110 shall be based on the formula set out in Formula 19.24.080(a).
(b) The following formula and table of population density and acreage to be dedicated has been
established pursuant to Government Code Section 66477(b) (See Table 19.24.080(a)).
Formula 19.24.080(a) Residents Per Unit X .003 (3 acres per 1,000 Residents) =Minimum Required
Acres to be Dedicated per Unit
Parkland Dedication Formula Table 19.24.080(a)
Units in Structure Acres per Resident Average Residents per Unit Park Land Acres Required per
Unit
1 (single-family residential unit) .003 3.45 .01035
2 to 4 (duplex to four-plex).003 2.98 .00894
5 to 19 .003 2.53 .00759
20 to 49 .003 2.04 .00612
50 or more .003 1.78 .00534
Mobile Home .003 2.65 .00795
19.24.090 Amount of fee in lieu of land dedication.
(a)Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be equal
to the average fair market value of the amount of land that would otherwise have been required to be
dedicated using the formula in Section 19.24.080. The fee shall be determined using the formula set out
in Formula 19.24.090(a) below. Fees to be collected pursuant to this section shall be approved by the
Director of Parks and Recreation.
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File Number.• 16-381 Enactment Number. ORD 1519-2016
Formula 19.24.090(a)
Units in Structure X Average Residents per Unit* X .003 (3 acres per 1,000 Residents)_X
Average FMV per acre* = In-lieu fee
* For the purposes of this formula, residents per unit will be determined by the Parkland-Dedication
Formula Table 19.24.080(a) above and the fair market value (FMV) per acre will be determined
pursuant to Section 19.24.090(b)below.
(b) In order to determine the fair market of land per acre for purposes of this chapter, the City will
obtain a written appraisal from a qualified appraiser assessing the average fair market value of land per
acre in the city of South San Francisco. Such appraisal setting the fair market value of land in the city
shall be approved by resolution of the City Council. A new appraisal may be periodically conducted to
reflect changes in the real estate market; provided, however, that such appraisal may not be conducted
more than once per year.
(c) Fees paid pursuant to this section shall be adjusted annually in accordance with the All Urban
Consumers, San Francisco-Oakland-San Jose (AUC-CPI); such annual adjustment shall be approved by
resolution of the City Council. In addition, the City may collect a reasonable administrative fee to cover
the cost of administering the program as determined by the Finance Director and approved by resolution
of the City Council.
(d) Except as allowed by Government Code Section 53077.5(b), the fees payable pursuant to this
section shall be paid in full when the first dwelling in the subdivision receives its final inspection or
certificate of occupancy, whichever occurs first.
19.24.100 Choice of land or fee.
(c) If the developer provides park and recreational improvements to the dedicated land, the value of
the improvements together with any equipment located thereon shall be a credit against the payment of
fees or dedication of land required by Sections 19.24.030 through 19.24.110.
19.24.105 Credit for private off-site open space for common interest developments.
(a) Common interest developments, as defined in Section 4100 of the California Civil Code, shall be
entitled to receive a credit, as determined by the City Council, in accordance with the procedures
outlined below, against the amount of land required to be dedicated or the amount of fees imposed
pursuant to Sections 19.24.030 through 19.24.110, for the value of private open space within the
development which is usable for active recreational uses. Where such space is to be privately owned and
maintained by the common interest development, partial credit, not to exceed fifty percent, may be given
for the value of private open space within the development if the City Council finds that it is in the
public interest to do so and that all of the following standards are met:
(1) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning
and building ordinances and regulations (Titles 20 and 15, respectively) shall not be included in the
computation of such private open space; and
(2) That the private ownership and maintenance of the open space is adequately provided for by
recorded written agreement, conveyance, or restrictions; and
(3) That the use of the private open space is restricted for park and recreational purposes by recorded
covenant, which runs with the land in favor of the future owners of property and which cannot be
defeated or eliminated without the consent of the City or its successor; and
(4) That the proposed private open space is reasonably adaptable for use for park and recreational
purposes, taking into consideration such factors as size, shape, topography, geology, access, and
location; and
(5) That facilities proposed for the open space are consistent with the provisions of the Open Space
Element of the General Plan; and
(6) That the open space for which credit is given provides a mix of the local park basic elements
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File Number.• 16-381 Enactment Number.• ORD 1519-2016
listed below, or a combination of such and other recreational improvements that will meet the
specific recreation/park needs of the future residents of the area:
Recommended
Facilities Sizes
(Sq. Ft.)
Children's play
apparatus area(tot lot) 500 - 3000
Landscaped park-like
and quiet areas (See (7)below)
Family picnic area 2000 - 3000
Athletic facilities/
game court area .25 acres- .75 acres
Swimming pool with
adjacent deck and
lawn areas 2000 - 3000
Recreation center
building 1500 - 2500
Water-oriented facilities (See(7)below)
Turf playfield 5000 +
Recreational
community gardening (See(7)below)
(7) Before credit is given, the City Council shall make written findings that the above standards are
met and that on-site open space with improvements as proposed are acceptable in size, design and
number in order to receive the proposed amount of credit towards the project's parkland requirements up
to but not more than the maximum credit allowed under this chapter for the private open space proposed.
(b) All such common interest developments shall meet a minimum of fifty (50) percent of the total
project parkland dedication requirement by payment of fees in lieu of dedication.
(c) Credit for private on-site open space qualifying as usable for active open space, as defined in this
section, shall be applied against a project's total parkland dedication requirements at a ratio of
one-to-one (1:1) up to a maximum of two-to-one (2:1) (to be determined by the City Council) meaning
that, for each acre of private open space land or fraction thereof, which qualifies as usable for active
recreational activities, the project will be relieved of dedicating a portion of the acreage of public park
land-or an equivalent amount of fees in lieu of dedication up to a maximum fifty(50)percent of the total
project park land dedication requirement.
(d) In those instances where the actual amount of on-site open space credit granted by the City to a
common interest development is less than the maximum amount of credit allowed under the provisions
of this section the difference between the amount of credit actually granted and the amount of credit
allowed under this section shall either be dedicated to the City in the form of public parklands, pursuant
to Sections 19.24.040 and 19.24.080 or be paid to the City as fees in lieu thereof pursuant to Sections
19.24.040 through 19.24.100.
19.24.110 Limitation on use of land and fees.
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File Number: 16-381 Enactment Number: ORD 1519-2016
(a) The land and fees received under this section and Sections 19.24.030 through 19.24.100 shall be
used only for the purpose of providing park and recreational facilities to serve the subdivision for which
received, and the location of the land and amount of fees shall bear a reasonable relationship to the use
of the park and recreational facilities by the future inhabitants of the subdivision.
(b)Notwithstanding subparagraph(a) above, fees received under this section and Sections 19.24.030
through 19.24.100 may be used for the purpose of developing new or rehabilitating existing park or
recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which
fees were paid as a condition to the approval of a tentative map or parcel map is located if all of the
following requirements are met:
(1) The neighborhood in which the fees are to be expended has fewer than three (3) acres of park
area per 1,000 members of the neighborhood population;
(2) The neighborhood in which the subdivision for which the fees were paid has a park area per
1,000 members of the neighborhood population ratio that meets or exceeds the ratio calculated, pursuant
to California Government Code section 66477(a)(2)(A), but in no event is less than three (3) acres per
1,000 persons;
(3) The City Council holds a public hearing before using the fees in a neighborhood other than the
neighborhood where the fees were paid;
(4) The City Council makes a finding supported by substantial evidence that it is reasonably
foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed
park and recreational facilities in the neighborhood where the fees are used; and
(5) The fees are used within a specified radius that complies with the City's ordinance, and are
consistent with the adopted general plan or specific plan of the City. For purposes of this clause,
"specified radius" includes a planning area, zone of influence, or other geographic region designated by
the City, that otherwise meets the requirements of California Government Code section 66477.
SECTION 2. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is
held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part
or provision to other persons or circumstances, shall not be affected thereby and shall continue in full
force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of
South San Francisco hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
SECTION 3. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance
shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the
City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this
Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a
certified copy of the full text of this Ordinance along with the names of those City Council members
voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty
(30) days from and after its adoption.
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File Number: 16-381 Enactment Number: ORD 1519-2016
2634053.1
*
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 27th day of April,
2016.
At a meeting of the City Council on 5/11/2016,a motio• as made b • : Normandy, seconded by Richard
Garbarino,that this Ordinance be adopted.The mot's passed.
Attest by
•
Krista
16'4
Mayor Mirk Addiego
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