Concord Municipal Code: Chapter 78

Chapter 78 PLANNING AND DEVELOPMENT*

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*Cross references: Administration, ch. 2; Planning Commission, § 2-471 et seq.; buildings and building regulations, ch. 14; historical preservation, ch. 42; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; utilities, ch. 110; vegetation, ch. 114; zoning, ch. 122; PD Planned District, § 122-681 et seq.

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Article I. In General

Secs. 78-1--78-30. Reserved.

Article II. Engineering and Inspection Fees

Sec. 78-31. Fees for subdivision of land, surveying, reversion to acreage, and inspection of construction.

Sec. 78-32. Service charges for assessment apportionments under Improvement Bond Act of 1915.

Sec. 78-33. Charges for engineering analysis.

Sec. 78-34. "Cost of improvements" defined.

Sec. 78-35. Time of payment.

Secs. 78-36--78-60. Reserved.

Article III. Child Care Program

Sec. 78-61. Established.

Sec. 78-62. Definitions.

Sec. 78-63. Fee to be paid by developers.

Sec. 78-64. Administration.

Secs. 78-65--78-90. Reserved.

Article IV. Park Land Requirements

Sec. 78-91. Applicability; authority; consistency with General Plan.

Sec. 78-92. Dedication of land or payment of fee required.

Sec. 78-93. Standard.

Sec. 78-94. Calculation.

Sec. 78-95. Payment of in-lieu fees.

Sec. 78-96. Determination of dedication or fee requirements.

Sec. 78-97. In-lieu fees for developments with 50 lots or less.

Sec. 78-98. Credit for private park land.

Sec. 78-99. Appeals.

Secs. 78-100--78-120. Reserved.

Article V. Park Land Dedication

Sec. 78-121. Findings.

Sec. 78-122. Requirements for subdivisions.

Sec. 78-123. Exemptions and special provisions.

Sec. 78-124. Credits.

Sec. 78-125. Time of commencement of development of park or recreation facilities must be designated by city.

Sec. 78-126. Use of fees.

Sec. 78-127. Review and adjustment of fees.

Secs. 78-128--78-150. Reserved.

Article VI. Off-Site Street Improvement Program

Sec. 78-151. Purpose.

Sec. 78-152. Program established.

Sec. 78-153. Administration.

Sec. 78-154. Fees.

Sec. 78-155. Consistency with General Plan.

Sec. 78-156. Approving body.

Secs. 78-157--78-180. Reserved.

Article VII. Relationship between Land Development and Transportation Improvements

Sec. 78-181. Purpose.

Sec. 78-182. Administration.

Secs. 78-183--78-210. Reserved.

Article VIII. Transportation Demand Management Program

Sec. 78-211. Purpose.

Sec. 78-212. Findings.

Sec. 78-213. Goals and objectives.

ARTICLE I. IN GENERAL

Secs. 78-1--78-30. Reserved.

ARTICLE II. ENGINEERING AND INSPECTION FEES

Sec. 78-31. Fees for subdivision of land, surveying, reversion to acreage, and inspection of construction.

Applicable engineering and inspection fees relating to the dividing, surveying, or reversion to acreage of real property and inspection of construction shall be charged as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 7600; Ord. No. 456; Ord. No. 642; Ord. No. 838; Ord. No. 965; Ord. No. 1130; Ord. No. 1159)

Sec. 78-32. Service charges for assessment apportionments under Improvement Bond Act of 1915.

Service charges for the division of real property into two parcels or more than two parcels shall be assessed as set forth in the Resolution Establishing Fees and Various Municipal Services.

(Code 1965, § 7600.1; Ord. No. 734; Ord. No. 965; Ord. No. 1130; Ord. No. 1159)

Sec. 78-33. Charges for engineering analysis.

Charges for engineering analysis review of use permits, tentative map (major subdivisions), and building permit applications shall be the amount forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 7600.2; Ord. No. 965; Ord. No. 1130; Ord. No. 1159)

Sec. 78-34. "Cost of improvements" defined.

The term "cost of improvements," as used in this article, shall mean the developer's estimate of such cost certified as reasonable by the City Engineer. Where differences occur as to the cost of work, the developer may present his estimates to the City Council for review and final determination.

(Code 1965, § 7601; Ord. No. 456; Ord. No. 850; Ord. No. 1130)

Cross references: Definitions generally, § 1-10.

Sec. 78-35. Time of payment.

All fees imposed by this article shall be paid in full before commencement of work. The engineering analysis review charge shall be paid at time of filing application for either a use permit or tentative map (whichever is filed first, but not both). If no use permit or tentative map is required, the engineering analysis review charge shall be paid at time of filing application for a building permit.

(Code 1965, § 7602; Ord. No. 456; Ord. No. 850; Ord. No. 965; Ord. No. 1130)

Secs. 78-36--78-60. Reserved.

ARTICLE III. CHILD CARE PROGRAM

Sec. 78-61. Established.

In order to implement the provisions of the Land Use Element of the city's General Plan regarding child care, this article establishes a program which shall be known as the Concord Child Care Program.

(Code 1965, § 4930; Ord. No. 85-25)

Sec. 78-62. Definitions.

Child care program. Any of the following, either individually or collectively, constitutes a child care facility and program:

(Code 1965, § 4931; Ord. No. 85-25; Ord. No. 85-58; Ord. No. 89-13)

(1) Locations, facilities, and personnel licensed by the state to provide direct child care services;

(Code 1965, § 4931; Ord. No. 89-13)

(2) Locations, facilities, and personnel providing direct child care services to working parents;

(Code 1965, § 4931; Ord. No. 89-13)

(3) Indirect child care services, including but not limited to the provision of child care subsidies or benefits for working parents, start-up costs for child care programs, upgrades to the quality of child care services provided, and public education and advocacy to encourage employer-related child care.

(Code 1965, § 4931; Ord. No. 89-13)

Development costs. The total value of improvements for a project, as determined by the Department of Public Works on the building permit.

(Code 1965, § 4931; Ord. No. 85-25; Ord. No. 85-58)

Project. A proposal for the development of improved or unimproved land, except multifamily residential projects and residential developments, which conforms to development approvals and requirements of this Code, regardless of the nature of the project, i.e., developing new land, converting an existing use to a different use, expanding a use, etc.

(Code 1965, § 4931; Ord. No. 85-25; Ord. No. 85-58)

Cross references: Definitions generally, § 1-10.

Sec. 78-63. Fee to be paid by developers.

Except as otherwise provided in section 78-64, a fee equal to 0.5 percent of the development cost of a project shall be paid by each developer at the time of issuance of the certificates of occupancy for the project. This fee shall be placed in a special account by the Finance Department and shall be used for the purpose of funding the activities of the Concord Child Care Program.

(Code 1965, § 4932; Ord. No. 85-25; Ord. No. 85-58)

Sec. 78-64. Administration.

The uses for which the monies identified in section 78-63 may be used, how applications for use of the funds are made, what credits should be allowed, and similar administrative matters shall be set forth in a policy statement approved by the City Council. The policy statement shall be placed in the manual containing the policies and procedures of the city.

(Code 1965, § 4933; Ord. No. 85-25)

Cross references: Administration, ch. 2.

Secs. 78-65--78-90. Reserved.

ARTICLE IV. PARK LAND REQUIREMENTS*

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*Cross references: Parks and recreation, ch. 74.

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Sec. 78-91. Applicability; authority; consistency with General Plan.

This article shall apply to any residential development. These provisions are enacted as allowed by Government Code § 66477 and are consistent with the Parks, Open Space, and Conservation Element of the city's General Plan.

(Code 1965, § 4330; Ord. No. 86-10; Ord. No. 95-2)

Sec. 78-92. Dedication of land or payment of fee required.

As a condition of any final subdivision map, parcel map, or permit approval to construct any residential structure, including but not limited to any single-family residence or multiple-unit structure, the project sponsor shall dedicate park land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreation purposes as set forth in this article.

(Code 1965, § 4331; Ord. No. 86-10; Ord. No. 95-2)

Sec. 78-93. Standard.

The park land requirement shall be based upon the finding that the public interest, health, welfare, and safety requires five acres of property for each 1,000 persons residing within the city be devoted to local park and recreation purposes.

(Code 1965, § 4332; Ord. No. 86-10)

Sec. 78-94. Calculation.

The park land requirement shall be based upon the density categories expressed in the Land Use Element of the General Plan and the standard cited in section 78-93 (five acres per 1,000 persons, which is equal to 0.005 acre or 218 square feet per person). The final requirement shall be determined by multiplying the park requirement per unit by the number of residential units in any project. The calculations and requirements are:

(Code 1965, § 4333; Ord. No. 86-10; Ord. No. 89-17)

TABLE INSET:

Density Requirement/ Unit Classification	Median Household Population (persons/unit)	Park Land (square feet/unit)
Very low density	3.2	697 sq. ft./unit
Low density	3.2	697 sq. ft./unit
Medium density	2.2	479 sq. ft./unit
High density	1.9	414 sq. ft./unit
Downtown, seniors and special needs housing units	1.4	305 sq. ft./unit

(Code 1965, § 4333; Ord. No. 86-10; Ord. No. 89-17; Ord. No. 05-6)

(1) Definitions of classifications. The classification of downtown, senior, and special needs housing units shall include all of the following residences:

(Code 1965, § 4333; Ord. No. 89-17)

a. Downtown. Any property within the Concord Redevelopment Project Area or within the various downtown land use designations as shown on the General Plan Land Use Element map;

(Code 1965, § 4333; Ord. No. 89-17; Ord. No. 07-2)

b. Senior units. Includes dwellings restricted to occupancy exclusively by senior citizens. To be accepted, such restrictions must be in a form acceptable to the city and approved by the city;

(Code 1965, § 4333; Ord. No. 89-17)

c. Special needs housing. Housing to accommodate individuals needing special living arrangements, including but not limited to the following: developmentally disabled, handicapped, recovering mentally ill, homeless, congregate care, or adaptive learning;

(Code 1965, § 4333; Ord. No. 89-17)

d. Congregate care. Housing provided in a multiunit building where at least one meal a day is provided at a central dining facility or delivered to the resident's unit from a central kitchen located on-site. Individual dwellings in a congregate care facility may, in addition to central facilities, contain their own cooking units. Typically, the residents of a congregate care facility are provided a range of services, including: transportation, planned recreation and social activities, and maid and linen services. Congregate care may include: persons capable of independent living who are ambulatory and do not require any nursing care, handicapped persons living in units designed for their use, residential care, intermediate care, and skilled nursing care for persons not capable of independent living who require state-licensed medical or nonmedical 24-hour care.

(Code 1965, § 4333; Ord. No. 89-17)

(2) Exemption for density bonus units. If the city agrees to grant density bonuses or other incentives to a development as part of an affordable housing program, park land requirements shall not be imposed on any units which may be approved in addition to those units allowed by the underlying zoning regulations.

(Code 1965, § 4333; Ord. No. 89-17)

(3) Special provisions for redevelopment projects.

a. Residential developments located within the Concord Redevelopment Project Area which provide indoor or outdoor recreation facilities for the direct benefit of future residents of the development may be granted credit towards fulfillment of the park land requirements as follows:

(Code 1965, § 4333; Ord. No. 89-17)

1. Credit shall not exceed 25 percent of the park land requirement;

(Code 1965, § 4333; Ord. No. 89-17)

2. A determination of the amount of credit shall be based upon consideration of the cost of the recreation improvements to be provided, the amenities and enhancements to be added to the development, and the utility and benefit of such improvements;

(Code 1965, § 4333; Ord. No. 89-17)

3. Such credit may only be granted by the City Council/Redevelopment Agency Board;

(Code 1965, § 4333; Ord. No. 89-17)

4. The credit and the corresponding recreation improvements shall be set forth in a development agreement (DA) between the city/Redevelopment Agency and the project sponsor.

(Code 1965, § 4333; Ord. No. 89-17)

(4) Credit for affordable housing units. The City shall grant a 50 percent credit of the applicable in-lieu Park Land fee for each newly constructed, remodeled, or converted affordable housing unit held affordable under a regulatory agreement.

(Ord. No. 05-10)

For purposes of this subsection, "affordable housing unit" means a housing unit newly constructed, remodeled, or converted for very low, low or moderate income households as defined in Health and Safety Code Sections 50079.5, 50093 and 50105, and held affordable under regulatory agreements or covenants for a term as prescribed by State law.

(Ord. No. 05-10)

Sec. 78-95. Payment of in-lieu fees.

(a) Amount; payment. If the payment of a fee is required in lieu of land dedication, as provided in section 78-96, it shall be in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Said fee shall be paid at the time of the issuance of the building permit, except that, for subdivisions of five or more lots, such fee shall be paid at the time of final map approval.

(Code 1965, § 4334; Ord. No. 86-10; Ord. No. 92-10; Ord. No. 94-4)

(1) Alternative land value.

a. Request for appraisal. If a project sponsor disputes the land value used in the Fees and Charges Resolution to set the park land fees, the project sponsor may request the city obtain an appraisal of the subject property by a qualified real estate appraiser. The appraiser shall evaluate the land value of the subject property at its highest and best use considering approval and development of the proposed project to determine the fair market land value. All costs required to obtain such appraisal shall be borne by the project sponsor.

(Code 1965, § 4334; Ord. No. 92-10)

b. Election by city. Conversely, the city may also elect to utilize an appraisal in cases where the land value may be higher than the value used in the Fees and Charges Resolution. The cost for such appraisal shall be borne by the city.

(Code 1965, § 4334; Ord. No. 92-10)

c. Irrevocable election. The election to utilize an appraisal to determine the applicable fee shall be irrevocable and made at any time between project approval and final map submittal. In all cases, the city shall select the appraiser, but may consider appraisers recommended by the project sponsor.

(Code 1965, § 4334; Ord. No. 92-10)

(2) Secondary living units.

a. At the time of occupancy of a secondary living unit, the park land fee shall be paid if the dedications required under the city's Subdivision Ordinance have not been made or if the in-lieu fee has not been previously paid.

(Code 1965, § 4334; Ord. No. 89-17; Ord. No. 92-10)

b. The park land fee for secondary living units shall be 50 percent of the very low and low density requirement.

(Code 1965, § 4334; Ord. No. 89-17; Ord. No. 92-10)

(3) Restoration of damaged residences. Existing residential units damaged or destroyed by more than 50 percent of their value and which are repaired or reconstructed with a building permit issued within one year from the date of damage shall not be required to pay a park land fee.

(Code 1965, § 4334; Ord. No. 89-17; Ord. No. 92-10)

(b) Review and update of fees. The City Council shall hold a public hearing every three years to determine any changes to the park land fees set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. This hearing shall consider any increase or decrease in residential land costs or other factors during the preceding three year period, and may consider all pertinent information. The city staff shall prepare a report for the City Council's consideration which uses the most current market information from the preceding three years, on residential land costs with development entitlements and any other pertinent information to determine any change to the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 4334; Ord. No. 86-10; Ord. No. 87-11; Ord. No. 89-17; Ord. No. 95-2; Ord. No. 07-2)

Sec. 78-96. Determination of dedication or fee requirements.

(a) At the time of accepting a tentative subdivision map or development plan as complete, and as part of such application, the project sponsor shall indicate any property which is proposed to be dedicated for park and recreational purposes. Alternatively, a fee may be required.

(Code 1965, § 4335; Ord. No. 86-10; Ord. No. 95-2; Ord. No. 07-2)

(b) At the time of approving the proposed development, the city shall determine whether to require the dedication of land, payment of a fee, or a combination of both.

(Code 1965, § 4335; Ord. No. 86-10)

(c) The Planning Commission shall consider the following in determining whether any land offered shall be accepted or a fee shall be required:

(Code 1965, § 4335; Ord. No. 86-10)

(1) Parks, Open Space, and Conservation Element of the city's General Plan; i.e., compatibility of the dedication with this element;

(Code 1965, § 4335; Ord. No. 86-10; Ord. No. 89-17; Ord. No. 95-2)

(2) Topography, geology, access, and location of land in the development available for dedication;

(Code 1965, § 4335; Ord. No. 86-10; Ord. No. 89-17)

(3) Size and shape of the development and the land available for dedication;

(Code 1965, § 4335; Ord. No. 86-10; Ord. No. 89-17)

(4) Feasibility of the dedication;

(Code 1965, § 4335; Ord. No. 86-10; Ord. No. 89-17)

(5) Availability of previously dedicated or acquired park property;

(Code 1965, § 4335; Ord. No. 86-10; Ord. No. 89-17)

(6) Potential use of adjacent land for additional park and recreation purposes.

(Code 1965, § 4335; Ord. No. 86-10)

(d) Flood control areas. Where land areas are necessary for proper flood control and such areas are designed so that they tend to preserve natural topographic features, and where the treatment, design, and regulation of access is approved by the Planning Commission, such areas shall be dedicated to the city for flood control and recreation purposes without credit for park land dedication requirements.

(Code 1965, § 4335; Ord. No. 89-17)

(e) Trails. When land areas are required for public trail purposes, such areas and the improvements in connection therewith, shall be dedicated to the city for trail and recreation purposes. Trails improved in conjunction with a subdivision and dedicated to the city shall be given credit against the requirements of dedication for park and recreation purposes, or the payment of fees in lieu thereof, provided the standards of section 78-98 (a) (5) and (6) are met.

(Code 1965, § 4335; Ord. No. 89-17; Ord. No. 07-2)

(f) Improvements to dedicated land. 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 article. The Planning Commission 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.

(Code 1965, § 4335; Ord. No. 89-17)

Sec. 78-97. In-lieu fees for developments with 50 lots or less.

If a proposed development contains 50 lots or less, the project sponsor shall pay a fee according to the provisions of section 78-95. However, should the project sponsor and city mutually agree that a dedication of park land is appropriate for the development, such dedication will be considered in determining whether all or a portion of the requirements of this article have been fulfilled. The dedication of land, payment of fees, or both may be required for a condominium project, stock cooperative, or community apartment project exceeding 50 dwelling units, regardless of the number of lots.

(Code 1965, § 4336; Ord. No. 86-10; Ord. No. 89-17; Ord. No. 95-2)

Sec. 78-98. Credit for private park land.

(a) Where a substantial private park and recreation area is provided in a planned development or real estate development, as defined in Business and Professions Code §§ 11003 and 11003.1, respectively, and the space is to be privately owned and maintained by the future residents of the development, partial credit, not to exceed 25 percent, may be given against the requirement of land dedication or payment of in-lieu fees, if the Planning Commission and City Council find that it is in the public interest to do so and that all the following standards are met:

(Code 1965, § 4337; Ord. No. 89-17)

(1) That yards, court areas, setbacks, land required for flood control or trails, and other open areas required to be maintained by the zoning and building ordinances shall not be considered in the computation of credit for private park land;

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17)

(2) That the private ownership and maintenance of the park land is adequately provided for by recorded written agreement, conveyance, or restrictions;

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17)

(3) That the use of the private park land 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 successors;

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17)

(4) That the proposed private park land is reasonably adaptable for use for active recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17)

(5) That facilities proposed for the park land are in substantial accordance with the provisions of the Parks, Open Space, and Conservation Element of the General Plan; and

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17; Ord. No. 95-2)

(6) That the park land for which credit is given is a minimum of three acres and is developed for active recreational pursuits such as soccer, golf, baseball, softball, and football, that have at least one acre of maintained turf with less than a five percent slope. Court areas for hard-surfaced court games such as tennis, badminton, shuffleboard, and improved trails may also be included, provided that the park land is a minimum of three acres.

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17)

(7) Covenants, conditions, and restrictions for the subdivision and a landscape maintenance agreement, or some other legal mechanism acceptable to the city, for the private park land for which credit has been given shall be submitted to the city prior to approval of the final subdivision map and shall be recorded concurrently with the final subdivision map.

(Code 1965, § 4337; Ord. No. 86-10; Ord. No. 89-17)

(b) The Planning Commission shall make written findings that the above standards are met and shall make a recommendation to the City Council concerning the amount of credit to be granted against fulfillment of the park land requirements. Improvement plans and final subdivision maps may not be submitted for review until such time as the City Council has made a determination regarding private park land credits for the project.

(Code 1965, § 4337; Ord. No. 89-17)

Sec. 78-99. Appeals.

If an appeal to the City Council is otherwise provided for in this Code in conjunction with the approval of the development, then that appeal process shall be used if there are any disagreements arising from the decision of the Planning Commission or the application of this article by the city staff. In the absence of an appeal process otherwise provided for in this Code, any disagreement with the decision of the Planning Commission or the application of this article by the city staff shall be appealable to the City Council in accordance with section 2-52 of this Code.

(Code 1965, § 4338; Ord. No. 86-10)

Secs. 78-100--78-120. Reserved.

ARTICLE V. PARK LAND DEDICATION*

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*Cross references: Parks and recreation, ch. 74.

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Sec. 78-121. Findings.

The City Council does hereby find, determine, and declare as follows:

(Code 1965, § 4441; Ord. No. 752; Ord. No. 771; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 1093)

(1) The Legislature of the state amended the Subdivision Map Act so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of approval of a subdivision map.

(Code 1965, § 4441; Ord. No. 943; Ord. No. 1010; Ord. No. 1086)

(2) Before a city or county may avail itself of said Act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city or county.

(Code 1965, § 4441; Ord. No. 943; Ord. No. 1010; Ord. No. 1086)

(3) The City Council has adopted a General Plan containing such recreational element.

(Code 1965, § 4441; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 1093)

Sec. 78-122. Requirements for subdivisions.

(a) Dedication or payment of fee required. As a condition of approval of a final development plan, final subdivision map, or parcel map (which are hereinafter referred to as "development"), the developer of land zoned for residential use shall dedicate land, pay a fee in lieu thereof, or do a combination of both for park or recreational purposes required by the city.

(Code 1965, § 4442; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10)

(b) Standards for area. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development. The total area required to be dedicated shall be as set forth in section 78-64 of this Code.

(Code 1965, § 4442; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10)

(c) Amount of in-lieu fee. When a fee is required in lieu of land dedication, the amount of such fee shall be based on the estimated proportionate cost that would be needed to acquire the land and develop minimum facilities thereon. The amount of said in-lieu fee shall be as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The in-lieu fee shall be paid at the time of application for a building permit, except that, for subdivisions of five or more lots, such fee shall be paid at the time of final map approval.

(Code 1965, § 4442; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 1093; Ord. No. 86-10)

(d) Limitation on use of land and fees. The land, fees, or combination thereof, are to be used only for the purpose of providing or rehabilitating park or recreation facilities which will serve the future residents of such development; but if the city's General Plan or a specific area plan contemplates a larger or more significant recreation development (such as an area of community park) which will serve an area, including the development, the dedicated land or fees may be devoted to such use.

(Code 1965, § 4442; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10; Ord. No. 07-2)

(e) Prerequisites for approval of final map. For any subdivision in which dedication is required, the documents dedicating such land shall be approved by the city and recorded contemporaneously with the final map.

(Code 1965, § 4442; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10)

Sec. 78-123. Exemptions and special provisions.

(a) Industrial and commercial subdivisions are exempted from the provisions of this article.

(Code 1965, § 4443; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10)

(b) Park land requirements, or fees in lieu thereof, shall not be required for a condominium project consisting of the conversion of an existing apartment building or buildings which are more than five years old; i.e., received a final building inspection prior to the five-year period immediately preceding the filing of a tentative map, provided, however, this exemption is not effective if the conversion involves the creation of new dwelling units by remodeling or by the construction of additional buildings within the project area.

(Code 1965, § 4443; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10)

Sec. 78-124. Credits.

Credit for private recreation or open space shall be determined in accordance with the provisions of article IV of this chapter.

(Code 1965, § 4444; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10; Ord. No. 89-6; Ord. No. 89-17)

Sec. 78-125. Time of commencement of development of park or recreation facilities must be designated by city.

At the time the final tract map is approved, the city shall specify when development of the park or recreation facilities will begin.

(Code 1965, § 4445; Ord. No. 943; Ord. No. 1010; Ord. No. 1086)

Sec. 78-126. Use of fees.

The money collected is to be used only for the purpose of providing park or recreational facilities reasonably related to serve the subdivision by the way of purchase of necessary land or, if the city deems that there is sufficient land available for the subdivision, for improving of the land itself for park and recreational purposes.

(Code 1965, § 4446; Ord. No. 943; Ord. No. 1010; Ord. No. 1086)

Sec. 78-127. Review and adjustment of fees.

The amount of in-lieu fees required shall be reviewed every three years and may be adjusted as set forth in section 78-95 of this Code.

(Code 1965, § 4447; Ord. No. 1086; Ord. No. 86-10; Ord. No. 07-2)

Secs. 78-128--78-150. Reserved.

ARTICLE VI. OFF-SITE STREET IMPROVEMENT PROGRAM*

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*Cross references: Streets, sidewalks, and other public places, ch. 90.

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Sec. 78-151. Purpose.

Future developments in the city will increase demands on the city's transportation system. To ensure continued safe and efficient operation of the city's transportation system, improvements to the system are necessary to accommodate future growth. The Transportation/Circulation Element of the 2005 proposed update to the General Plan and the 2005 City Traffic Impact Fee Study identified transportation improvements to accommodate future growth. The Study determined the need for establishing a fee, which in combination with public funds would fully fund the identified improvements. To ensure implementation of the identified improvements and that all developments contribute their fair share of the costs of the improvements, it is necessary to establish an equitable fee and administrative program.

(Code 1965, § 7250; Ord. No. 83-1; Ord. No. 05-05)

Sec. 78-152. Program established.

A program to accomplish the purposes set forth in section 78-151 is hereby established and shall be known as the Off-Site Street Improvement Program.

(Code 1965, § 7251; Ord. No. 83-1)

Sec. 78-153. Administration.

The administration of the off-site street improvement program shall be as set forth in Policy & Procedure No. 144, Traffic Impact Analysis and Mitigation Requirements, which serves as the policy statement for the program.

(Code 1965, § 7252; Ord. No. 83-1; Ord. No. 05-5)

Cross references: Administration, ch. 2.

Sec. 78-154. Fees.

Any fees associated with the off-site street improvement program shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 7253; Ord. No. 83-1)

Sec. 78-155. Consistency with General Plan.

Approval of a zoning request, use permit, variance, Zoning Administrator's permit, subdivision map, or any other discretionary permit, or the issuance of a building permit requires a prior determination by the approving body that the project is consistent with the city's General Plan. The approving body may impose upon a new development conditions which are reasonably necessary to ensure consistency with the city's General Plan.

(Code 1965, § 7254; Ord. No. 83-1; Ord. No. 05-5)

Sec. 78-156. Approving body.

As used herein or in the policy established by this article, the term "approving body" shall mean the person, commission, council, or group authorized by state law or this Code to approve a project or issue a permit for a project. If a person, commission, council, or group is authorized to make recommendations to another body which is the ultimate decision maker, the recommendation shall include a determination of a project's consistency with the city's General Plan.

(Code 1965, § 7255; Ord. No. 83-1)

Secs. 78-157--78-180. Reserved.

ARTICLE VII. RELATIONSHIP BETWEEN LAND DEVELOPMENT AND TRANSPORTATION IMPROVEMENTS*

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*Cross references: Traffic and vehicles, ch. 106.

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Sec. 78-181. Purpose.

The Transportation/Circulation Element of the 2005 Proposed Update to the General Plan and the 2005 City Traffic Impact Fee Study identified transportation improvements to accommodate future growth. A study associated with a proposed development may also identify additional transportation improvements, which need to be implemented in conjunction with that development. This article provides a method for determining a reasonable relationship between land developments and transportation improvements in order to determine the appropriate and reasonable levels of service and to ensure the safe and efficient operation of the city's transportation system.

(Code 1965, § 7270; Ord. No. 86-5; Ord. No. 88-32; Ord. No. 05-5)

Sec. 78-182. Administration.

The administration of this article shall be as set forth in Policy & Procedure No. 144, which serves as the policy statement for the off-site street improvement program.

(Code 1965, § 7271; Ord. No. 86-5; Ord. No. 88-32; Ord. No. 05-5)

Cross references: Administration, ch. 2.

Secs. 78-183--78-210. Reserved.

ARTICLE VIII. TRANSPORTATION DEMAND MANAGEMENT PROGRAM*

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*Cross references: Traffic and vehicles, ch. 106.

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Sec. 78-211. Purpose.

This article is enacted by the city for the following purposes:

(Code 1965, § 71000; Ord. No. 85-44; Ord. No. 87-7; Ord. No. 91-22; Ord. No. 94-7; Ord. No. 94-20; Ord. No. 97-15)

(1) To promote and encourage the use of alternatives to commuting by single-occupant vehicles among city residents and individuals working in the city;

(Code 1965, § 71000; Ord. No. 94-7; Ord. No. 94-20; Ord. No. 97-15)

(2) To support local and regional efforts to relieve traffic congestion in and around the city, thereby reducing noise, pollution, and energy consumption;

(Code 1965, § 71000; Ord. No. 94-7; Ord. No. 94-20; Ord. No. 97-15)

(3) To implement 1995 state legislation eliminating requirements enforcing mandatory employer-based trip reduction plans and to improve and adopt new purposes, goals, and objectives for transportation demand management.

(Code 1965, § 71000; Ord. No. 94-7; Ord. No. 94-20; Ord. No. 97-15)

Sec. 78-212. Findings.

(a) Transportation demand management (TDM) has the potential to reduce vehicle trips and vehicle emissions more efficiently and cost effectively than major roadway improvements.

(Code 1965, § 71001; Ord. No. 97-15)

(b) For many years prior to passage of Measure C in 1988, local jurisdictions developed and implemented a variety of TDM projects and programs, e.g., operation of transit systems, construction of bicycle facilities, land use policy coordination and related improvements.

(Code 1965, § 71001; Ord. No. 97-15)

(c) Since 1992, the Contra Costa Transportation Authority (the "Authority") has committed both Measure C and Transportation Fund for Clear Air ("TFCA") funds to four subarea programs for the implementation of Measure C and Clean Air Plan goals.

(Code 1965, § 71001; Ord. No. 97-15)

(d) In compliance with the requirements of the TDM Program ordinance, large employers were required to develop and implement trip reduction programs at worksites; pursuant to that requirement, implementation of the TDM Program ordinance was delegated to TRANSPAC (the Central Contra Costa Transportation Committee).

(Code 1965, § 71001; Ord. No. 97-15)

(e) The Countywide Comprehensive Transportation Plan incorporates each regional committee's action plan for routes of regional significance, which support specific TDM program goals and objectives.

(Code 1965, § 71001; Ord. No. 97-15)

(f) Over the past four years, the subarea TDM programs have been successful in reducing vehicle trips and emissions at the employment sites specified in the TDM ordinance, as well as in school and residential areas where programs have been implemented.

(Code 1965, § 71001; Ord. No. 97-15)

(g) Since the adoption of the TDM Program ordinance, TDM efforts have been expanded to include aspects of the transportation system other than employer programs, e.g., enhancement of transit and bicycle facilities, residential and commuter transit incentive promotions, incorporation of new technologies into the system including ITS (Intelligent Transportation Systems) and EDP (Early Deployment Program) strategies, expanded school ride-matching outreach to include all schools and community colleges in Contra Costa, and land use policy coordination and related enhancements.

(Code 1965, § 71001; Ord. No. 97-15)

(h) In adopting Ordinance No. 97-15, cooperation and coordination with other local jurisdictions and regions in TDM are acknowledged as having the potential to enhance the efficiency and cost effectiveness of its efforts; accordingly, the City Council directs staff to take steps to implement TDM in accordance with the policies, goals, and objectives set forth herein, and in cooperation with TRANSPAC staff.

(Code 1965, § 71001; Ord. No. 97-15)

Sec. 78-213. Goals and objectives.

(a) In light of elimination of mandatory employer-based trip reduction requirements, the following purposes, goals, and objectives are adopted in order to assist staff in continuing the implementation of the TDM Program ordinance and programs:

(Code 1965, § 71002; Ord. No. 85-44; Ord. No. 87-7; Ord. No. 91-22; Ord. No. 94-7; Ord. No. 94-20; Ord. No. 97-15)

(1) To promote maximum efficiency in the existing transportation system and to further the transportation goals of the Measure C Growth Management Program, Contra Costa's Congestion Management Program, and the Bay Area Clean Air Plan by: