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.
(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.
(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.
|
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
|
(Prior zoning code § 19.86.030; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2; Ord. 2953-11 §
3)
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:
|
Dwelling Category
|
Dwelling Units Per Net Acre
|
Acreage Requirement Per Dwelling Unit Within Housing Project
| |||||
|---|---|---|---|---|---|---|---|
|
Until June 30, 2010
|
July 1, 2010 to June 30, 2011
|
July 1, 2011 to June 30, 2012
|
July 1, 2012 to June 30, 2013
|
July 1, 2013 to June 30, 2014
|
July 1, 2014 and thereafter
| ||
|
Low density residential
|
7 or fewer
|
0.0048125
|
0.0061875
|
0.0082500
|
0.009625
|
0.0116875
|
0.01375
|
|
Low-medium density residential
|
Over 7 to 14
|
0.0043750
|
0.0056250
|
0.0075000
|
0.00875
|
0.010625
|
0.0125
|
|
Medium density residential
|
Over 14 to 27
|
0.0031500
|
0.0040500
|
0.0054000
|
0.0063
|
0.00765
|
0.009
|
|
High density residential
|
Over 27
|
0.0031500
|
0.0040500
|
0.0054000
|
0.0063
|
0.00765
|
0.009
|
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:
|
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)
