Chapter 18.32
DEDICATION AND RESERVATIONS

Sections:

18.32.010    Dedication of rights-of-way and easements.

18.32.020    Parkland dedication.

18.32.030    School facilities.

18.32.035    Affordable housing.

18.32.040    Bicycle paths – Transit facilities.

18.32.050    Access to public resources.

18.32.060    Other public facilities.

18.32.070    Reservations.

18.32.010 Dedication of rights-of-way and easements.

A. Every street, alley, walkway, drainage channel, reserve strip (or waiver of access rights), easement, and other right-of-way shown on the final or parcel map intended for public use shall be offered for dedication at the time the final or parcel map is filed. (Sections 66475, 66476, 66477.1, 66477.2, 66477.3)

B. When property is dedicated in fee for public purposes, other than for open space, parks or schools, the city shall record with the county recorder a certificate, attached to the map, which contains:

1. The name and address of the subdivider;

2. A legal description of the dedicated property; and

3. A statement that the city shall reconvey the property if the city determines that the public purpose or the need for the property no longer exists. (Section 66477.5)

C. The subdivider shall provide rights-of-way and easements for all on-site and off-site streets, utilities, sidewalks and appurtenant landscaping. The subdivider shall pay all acquisition costs.

D. If any off-site rights-of-way or easements are required:

1. The subdivider shall enter into the city’s standard right-of-way agreement which specifies how and when the necessary title to an interest in the land shall be acquired. The subdivider shall enter into this agreement before the first plan check of the map and improvement plans are submitted to the city.

2. Before city council approval of the final map, one of the following must have occurred:

a. The city has received signed deeds for all off-site rights-of-way and easements; or

b. The subdivider has executed the standard city contract for real property acquisition and deposited the estimated acquisition costs into a city trust account, and the subdivider has formally requested and the city council has approved a resolution of intent to use its powers of condemnation to acquire the rights-of-way and/or easements. (Ord. 1417 § 2, 1994)

18.32.020 Parkland dedication.

A. Authority. This section is adopted under the authority of Government Code Section 66477.

B. Applicability. This section applies to a residential subdivision of more than 50 parcels. It does not apply to a commercial or industrial subdivision or to a condominium project in an existing apartment building which is more than five years old, when no new dwelling units are added.

C. Dedication Requirement – Improvement to Dedicated Land.

1. Dedication Requirement. As a condition of approval of a subdivision map involving more than 50 parcels, the subdivider shall dedicate land for park or recreational improvements if any part of the proposed development site is designated by the city or Livermore Area Recreation and Park District for a park facility. A site shown in the LARPD Master Plan, as it may be amended from time to time, and meeting current standards and policies adopted by the LARPD board, shall be dedicated to LARPD, unless LARPD is unwilling to accept the dedication, in which case the dedication shall be made to the city.

The dedication of land shall be the proportionate amount necessary to provide five acres of park area per 1,000 persons residing within the subdivision. The amount of land to be dedicated shall be 1.40 acres of park for each 100 dwelling units. The rate of dedication is based upon the following factors: (1) as of April, 2000, the total area of neighborhood parks and community parks in the city was 446 acres, and the population of the city was 73,345; and (2) the average population per dwelling was 2.80 persons per dwelling unit. Therefore the city had a ratio of 6.08 acres of parkland for each 1,000 residents. Since the ratio used to calculate park dedication cannot exceed five acres of parkland for each 1,000 residents, the dedication equates to 1.40 acres for each 100 dwelling units.

2. Improvement to Dedicated Land. The subdivider shall, without credit, provide:

a. Full street improvements and utility connections including curbs, gutters, street paving, traffic control devices, street trees, and sidewalks adjacent to land which is dedicated under this section; and

b. Fencing along the property line of the subdivision contiguous to the dedicated land.

3. Voluntary Dedication. A subdivider may voluntarily dedicate land for park or recreational improvements if the proposed dedication is approved by the city or Livermore Area Recreation and Park District.

4. Time of Dedication. The subdivider shall dedicate the land before or concurrently with the filing of the first parcel or final map.

D. Credit.

1. A subdivider who dedicates land under this section is eligible for credit against the park facilities fee, as provided in LMC 12.60.070.

2. Where private open space for active park and recreation uses is provided in a proposed subdivision, the city may grant partial credit up to 50 percent against the land dedication or park facilities fee, or both. The space for which partial credit is given must be at least two acres in size and have park use restrictions recorded for the property.

3. If a subdivider provides public park and recreation improvements, other than those specified in subsection (C)(2) of this section, the value of the improvements may be a credit against the payment of park facilities fees, subject to the credit provisions of Chapter 12.60 LMC. To qualify for credit, the subdivider must first obtain written approval from the city or Livermore Area Recreation and Park District, whichever agency is accepting the land dedication, for the precise improvements before filing the parcel map or first final map.

E. Use of Dedicated Land. The land dedicated may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. (Ord. 1744 § 2, 2004)

18.32.030 School facilities.

A. Fee or Dedication. If the Livermore School District has levied a fee or other requirement on development, the subdivider shall present to the city a certificate of compliance from the district before a building permit is issued. (Sections 53080, 65995)

B. Elementary School Site. The city may require a subdivider to dedicate to the Livermore School District land sufficient to construct such elementary schools as are necessary to assure adequate public school service to the residents of the subdivision. The requirement is terminated if the Livermore School District does not offer to enter into an agreement to accept the dedication and to repay the subdivider for the land, in conformance with Government Code Section 66478. (Section 66413.7)

C. Interim Classroom Facilities. The city may require a subdivider to dedicate land or pay fees, or a combination of both, for interim classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in conformance with Chapter 3.24 LMC and Government Code Sections 65970 through 65980.

D. Mello-Roos Mitigation. Each subdivider shall comply with Chapter 3.24 LMC, Article II, regarding Mello-Roos mitigation. (Ord. 1417 § 2, 1994)

18.32.035 Affordable housing.

A. Definitions.

“Affordable housing” means, for very-low-income, low-income and moderate-income households, that the housing cost, adjusted for family size, does not exceed 30 percent of gross income. The monetary standards for affordable housing are determined annually by city council resolution (city of Livermore affordable housing sales prices and rental rates) (Health and Safety Code Section 50052.5(b)).

“Development cost of a housing unit” means the construction valuation of the building permit, on- and off-site costs including site development, design costs, and project administration costs, other than profit, and the cost of all permits, fees and impact fees charged by the city, plus a percentage for the cost of land.

“Reserved unit” means a dwelling unit set aside for sale or rental at an affordable price, which conforms to the requirements of subsections D and E of this section. The definitions in LMC 3.26.030 also apply to this section.

B. Requirement – Residential Subdivision. As a condition of approval for each tentative or vesting tentative map having residential lots, the subdivider is required to either provide a percentage of affordable housing units or satisfy this requirement by an alternative means, all as set forth below. Under either option, the subdivider shall comply with the applicable implementation measures set forth in subsections D through F of this section.

1. Provide Affordable Housing.

a. General Plan Area. In the general plan area, provide that 15 percent of the dwelling units must be affordable housing as follows (in this section, “general plan area” means everywhere in the city except the redevelopment project area, defined below):

i. For-Sale Units. Of the total number of dwelling units (15 percent) set aside, at least seven and one-half percent must be reserved for sale to low-income households with the balance set aside for moderate-income households. Whenever the inclusionary requirement results in an odd number of units, the majority of units shall be provided as low-income.

ii. Rental Units. Of the total number of dwelling units (15 percent) set aside, at least seven and one-half percent must be reserved for rental to very-low-income households with the balance set aside for low-income households. Whenever the inclusionary requirement results in an odd number of units, the majority of units shall be provided as very-low-income.

b. Redevelopment Project Area. In the redevelopment project area, provide that a minimum of 10 percent of the dwelling units in each project are reserved for sale or rental at a price affordable to low-income households. (In this section, “redevelopment project area” means that area designated in the Redevelopment Plan for Livermore Redevelopment Project, as amended.)

2. Alternatives. With city council approval, the subdivider may satisfy this requirement by one of the alternative means of compliance set forth in subsection F of this section.

C. Requirement – Commercial Subdivision. As a condition of approval for each tentative or vesting tentative map having commercial lots, the subdivider is required to pay the affordable housing fee established under Chapter 3.26 LMC.

D. Implementation – Security. The subdivider shall provide security to satisfy this affordable housing requirement before approval of a final map. The security shall be appropriate to the intended method of compliance:

1. A deed restriction on specific lots totaling 15 percent (or 10 percent in the redevelopment project area) of the residential lots on the map, and a bond to cover the cost of constructing homes on those lots which are affordable;

2. A bond to cover the housing in-lieu fee;

3. A grant deed to the city dedicating land;

4. A written agreement, with financial security, to provide secondary units or off-site construction; or

5. Other appropriate security approved in writing by the city attorney.

E. Implementation – Constructing Affordable Units. When the subdivider intends to construct the affordable housing units within the proposed development project, he or she must comply with the following requirements:

1. Security. Provide security for the reserved units before a final map is approved, as set forth in subsection D of this section. The reserved units must be identified on a tentative subdivision map or other development plan approved by the city.

2. Reserved Units.

a. General Plan Areas. Reserve 15 percent or more of the units for sale or rental as affordable housing, at a cost that does not exceed the maximum monthly rent for low- or very low- income households or the maximum purchase price for low- and moderate-income households (depending on the status of the reserved unit), as adopted annually by resolution of the city council.

i. For-Sale Units. At least seven and one-half percent of the reserved units must be set aside for low-income households, with the balance set aside for moderate-income households. Whenever the inclusionary requirement results in an odd number of units, the majority of units shall be provided as low-income.

The for-sale units must be encumbered in a manner acceptable to the city, so that if a buyer resells the reserved unit within the restricted time period for a price in excess of the inflation-adjusted purchase price, then the excess profit will be returned to the city for use in affordable housing programs.

ii. Rental Units. At least seven and one-half percent of the reserved units must be set aside for very-low-income households, with the balance set aside for low-income households. Whenever the inclusionary requirement results in an odd number of units, the majority of units shall be provided as very-low-income. The rental units must be managed by an experienced management company acceptable to the city.

b. Redevelopment Project Area. Reserve 10 percent or more of the units for sale or rental to low-income households, at a cost that does not exceed the maximum monthly rent or maximum purchase price for low-income households, as adopted annually by resolution of the city council.

i. For-sale units must be encumbered in a manner acceptable to the city, so that if a buyer resells the reserved unit within the restricted time period for a price in excess of the inflation-adjusted purchase price, then the excess profit will be returned to the city for use in affordable housing programs.

ii. Rental units must be managed by an experienced management company acceptable to the city.

3. Fifty-Five-Year Restriction. Assure the affordability of the reserved units by a 55-year or more deed restriction, for either rental or for-sale housing. The city may negotiate a reduction in the reservation period if some of the for-sale units are reserved for very-low-income households.

4. Timing of Construction. Construct the reserved units concurrently with other units, unless the conditions of approval provide otherwise, or unless both the city and subdivider agree in writing to an alternative schedule for development.

5. Comparability of Units. Construct reserved units which are representative of the project as a whole, with comparable types of units, bedroom mix, and exterior appearance. From the street, the reserved units must not be distinguishable from other units in the project. The average number of bedrooms for all affordable units in a project must equal the average number of bedrooms for all other units in the project, up to a limit of three bedrooms per unit. The number of bathrooms per bedroom must equal the proportion of bathrooms in the market-priced units. Affordable units must have air-conditioning, enclosed garages and laundry facilities to the extent market-priced units have those amenities.

Notwithstanding these requirements for comparability of units, the affordable units shall meet or exceed the following gross floor areas:

Number of Bedrooms	Units Reserved for Sale	Units Reserved for Rent
Studio unit	600 square feet	600 square feet
One bedroom unit	750 square feet	750 square feet
Two bedroom unit	1,000 square feet	900 square feet
Three bedroom unit	1,250 square feet	1,000 square feet
Four bedroom unit	1,500 square feet	1,250 square feet

6. Mix of Product Types. The mix of product types of reserved units shall reflect the overall mix of market-rate product types provided in the project (i.e., if project provides a mix of single-family detached homes, townhomes, and/or multifamily units, the reserved units should reflect a comparable mix).

7. Location. Construct reserved units in locations dispersed throughout the project rather than concentrated in one portion or area of the project.

F. Implementation – Alternative Means of Compliance. The following alternatives may satisfy part or all of the affordable housing requirement. Alternatives in subsections (F)(2) through (F)(4) of this section require prior city council approval. A request to use one of these alternatives shall be presented to the city council before a tentative subdivision map application is submitted to the city. The request shall be accompanied by a report proposing the particular alternative requested, how the alternative will further affordable housing opportunities in the city, and demonstrating why it is not feasible for the applicant to construct affordable units within the development project (through independent data, including financial information).

1. Secondary Units. In a project of more than 50 units, up to 20 percent of the requirement for reserved units may be satisfied by including secondary units accessory to the market-priced units. Each secondary unit provides a credit of 20 percent of a required affordable unit, without regard to unit size or other minimum standards described in subsection (E)(5) of this section. The secondary unit must comply with the standards in LPZC 3-10-020, Secondary dwelling units.

2. Off-Site Construction. A developer may satisfy the affordable housing requirement by constructing, or making provisions to construct, reserved housing units on a site other than the primary project site. Such off-site units are subject to the standards set forth in subsections (E)(1) through (5) of this section.

3. In-Lieu Fee. A developer may satisfy the affordable housing requirement by paying an in-lieu fee for each market-priced unit. The method of calculation of the fee is set forth in LMC 3.26.050.

Whenever the number of affordable units required to be constructed includes a fraction of a unit, the payment of a proportional in-lieu fee shall satisfy that partial unit requirement.

4. Dedication of Land. A developer may satisfy the inclusionary housing requirement by dedicating to the city a parcel of land suitable for development of housing units equal to or exceeding the number of affordable units required to be provided. The general plan designation and zoning designation on the land proposed for dedication must be consistent with the intended use of the property, and there must be direct access to improved streets and utilities.

G. Enforcement. It is unlawful, a public nuisance and a misdemeanor for a person to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this chapter or to a household not qualified under this chapter. A person who violates these affordable housing restrictions is subject to a $750.00 fine per month from the date of original noncompliance with this section.

The city attorney’s office or the county district attorney, as appropriate, is authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing regulatory agreements and resale controls placed on affordable units, by civil action, injunctive relief, and any other method permitted by law. (Ord. 1763 § 1, 2005; Ord. 1698 § 41, 2003; Ord. 1579 § 1, 2000; Ord. 1549 § 1, 1999)

18.32.040 Bicycle paths – Transit facilities.

A. Bicycle Paths. If a subdivision contains 200 or more parcels, the subdivider may be required to dedicate land to provide bicycle paths for the use and safety of the residents of the subdivision. (Section 66475.1)

B. Transit Facilities. The city may require a subdivider to dedicate land within the subdivision for local transit facilities, such as bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of the subdivision. Only the payment of fees in lieu of the land dedication may be required in the subdivision of airspace in existing buildings into condominium projects, stock cooperatives, or community apartment projects. (Section 66475.2) (Ord. 1698 § 26, 2003; Ord. 1417 § 2, 1994)

18.32.050 Access to public resources.

The city may not approve a tentative or final map if the proposed subdivision fronts upon a public waterway, river, stream, bay, shoreline, or publicly owned lake or reservoir unless the subdivision provides reasonable public areas from a public street to that portion of the bank or shoreline bordering or lying within the subdivision. (Sections 66478.4, 66478.11, 66478.12) (Ord. 1417 § 2, 1994)

18.32.060 Other public facilities.

As a condition of approval of a tentative map, the subdivider may be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care, public art, or any other public facilities pursuant to, and in order to implement, the provisions of the general plan regarding such facilities when and if such dedications and fees are adopted by the city. (Ord. 1417 § 2, 1994)

18.32.070 Reservations.

A. General. Where a park, recreational facility, fire station, library, or other public use is shown on the general plan or specific plan, and the plan contains policies and standards for those uses, the city may require a subdivider to reserve sites for those uses, as a condition of approval of a tentative map. (Section 66479)

B. Limitations. The reserved area must be of such a size and shape as to permit (1) the balance of the property to develop in an orderly and efficient manner, and (2) the reserved area to be efficiently used or divided if it is not acquired by a public agency. The amount of land reserved may not render development of the remaining land economically unfeasible.

C. Acquisition. The public agency for whose benefit an area has been reserved shall at the time of final or parcel map approval enter into an agreement to acquire the area within two years, or longer by mutual agreement. (Sections 66480, 66481) (Ord. 1417 § 2, 1994)