Agenda packet — San Ramon City Council, March 10, 2026 (part 3 of 3)

23 SECTION VI

FEE IMPLEMENTATION

City of San Ramon February 17, 2026
Affordable housing In-Lieu Fee Justification Study
www.FinanceDTA.com
Small Buildings: Certain cities exempt smaller buildings from fees, for example, accessory dwelling units or commercial buildings under 25,000 square feet; Policy-Driven Reductions: To support broader policy goals, many cities reduce or exempt fees for specific types of development.

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24 City of San Ramon February 17, 2026
Affordable housing In-Lieu Fee Justification Study
www.FinanceDTA.com

APPENDIX A
City of San Ramon
Affordable Housing In-Lieu Fee Justification Study

FEE CALCULATION

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Appendix A
City of San Ramon
Affordable Housing Analysis
Residential Fee Calculation
Prototype Residential Units
Unit Type
Average Unit
Size
Average # of
Bedrooms
Average
Sales Price
Average
Monthly Rent
Single Family Detached 3,100 4 $1,650,000
Townhome 1,850 3 $875,000
Condominium 1,200 2 $650,000
Apartment 900 1.5 $2,850
[1] Source: Zillow. Summary statistics for City of San Ramon.

Household Income & Expenditure
Unit Type
Household
Income
% Income on
Expenditures
Total
Expenditures
Single Family Detached $354,098 23.61% $83,617
Townhome $187,779 33.24% $62,412
Condominium $139,493 37.78% $52,697
Apartment $102,600 37.78% $38,760
Appendix A - Page 1

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Appendix A
City of San Ramon
Affordable Housing Analysis
Residential Fee Calculation
100-Unit Hypothetical Project
Unit Type
Number of
Units
Total
Expenditures
per
Household
Total
Expenditures
Single Family Detached 100 $83,617 $8,361,692
Townhome 100 $62,412 $6,241,246
Condominium 100 $52,697 $5,269,693
Apartment 100 $38,760 $3,875,968
IMPLAN Job Generation (100-Unit Project)
Unit Type
Total
Expenditures
Induced Jobs
per Unit
Total Jobs
Created per
100-Unit
Project
Single Family Detached $8,361,692 0.75 75.36
Townhome $6,241,246 0.53 53.20
Condominium $5,269,693 0.44 44.39
Apartment $3,875,968 0.32 31.79
Appendix A - Page 2

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Appendix A
City of San Ramon
Affordable Housing Analysis
Residential Fee Calculation
Residential Unit Demand Impacts (100-Unit Project)
Unit Type
Total Jobs
Created per
100-Unit
Project
Employees
per
Household
Estimated
Employee
Households
Single Family Detached 75.36 1.48 50.92
Townhome 53.20 1.48 35.95
Condominium 44.39 1.48 29.99
Apartment 31.79 1.48 21.48
204.74 NA 138.34
Residential Unit Demand Impacts (100-Unit Project)
30% AMI 50% AMI 80% AMI 100% AMI 120% AMIAbove 120% AMI Unit Type
30% Area
Median
Income
50% Area
Median
Income
80% Area
Median
Income
100% Area
Median
Income
120% Area
Median
Income
Above 120%
Area Median
Income Total
Single Family Detached 12.06 17.31 10.10 3.45 2.75 5.25 50.92 Townhome 8.75 12.35 6.98 2.36 1.89 3.62 35.95
Condominium 7.30 10.30 5.82 1.97 1.58 3.02 29.99
Apartment 5.21 7.33 4.17 1.42 1.14 2.20 21.48

33.32 47.29 27.07 9.21 7.36 14.10 138.34
Appendix A - Page 3

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Appendix A
City of San Ramon
Affordable Housing Analysis
Residential Fee Calculation
Residential Unit Demand Impacts
Unit Type
30% Area
Median
Income
50% Area
Median
Income
80% Area
Median
Income
100% Area
Median
Income
120% Area
Median
Income
Above 120%
Area Median
Income Total
Single Family Detached 23.7% 34.0% 19.8% 6.8% 5.4% 10.3% 100% Townhome 24.3% 34.3% 19.4% 6.6% 5.3% 10.1% 100%
Condominium 24.3% 34.3% 19.4% 6.6% 5.3% 10.1% 100%
Apartment 24.3% 34.1% 19.4% 6.6% 5.3% 10.3% 100%
Residential Unit Demand Impacts (Per Unit)
Unit Type
30% Area
Median
Income
50% Area
Median
Income
80% Area
Median
Income
100% Area
Median
Income
120% Area
Median
Income
Above 120%
Area Median
Income Total
Single Family Detached 0.1206 0.1731 0.1010 0.0345 0.0275 0.0525 0.5092 Townhome 0.0875 0.1235 0.0698 0.0236 0.0189 0.0362 0.3595 Condominium 0.0730 0.1030 0.0582 0.0197 0.0158 0.0302 0.2999 Apartment 0.0521 0.0733 0.0417 0.0142 0.0114 0.0220 0.2148 Appendix A - Page 4

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Appendix A
City of San Ramon
Affordable Housing Analysis
Residential Fee Calculation
Unit Type Basis
30% Area
Median
Income
50% Area
Median
Income
80% Area
Median
Income
100% Area
Median
Income
Maximum
Justifiable Fee
(per Unit)
Maximum
Justifiable Fee
(per Sq. Ft.)
Affordability Gap - Rental
(Apartment) $240,061.02 $234,833.06 NA NA
Affordability Gap - For Sale
(Condominium) NA NA $231,718.81 $127,148.52
Single Family Detached Per Unit $28,956.78 $40,660.39 $23,400.43 $4,386.10 $97,404 $31.42 Townhome Per Unit $20,998.98 $28,995.94 $16,165.45 $3,003.36 $69,164 $37.39 Condominium Per Unit $17,519.11 $24,190.85 $13,486.57 $2,505.65 $57,702 $48.09 Apartment Per Unit $12,506.30 $17,206.94 $9,668.80 $1,811.80 $41,194 $45.77 Appendix A - Page 5

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25 City of San Ramon February 17, 2026
Affordable housing In-Lieu Fee Justification Study
www.FinanceDTA.com

APPENDIX B
City of San Ramon
Affordable Housing In-Lieu Fee Justification Study

OCCUPATIONAL

STATISTICS

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 8% 8% 8% 8%
Business and Financial Operations Occupations (13-0000) 8% 7% 7% 7% Computer and Mathematical Occupations (15-0000) 3% 3% 3% 3% Architecture and Engineering Occupations (17-0000) 1% 1% 1% 1% Life, Physical, and Social Science Occupations (19-0000) 0% 0% 0% 0% Community and Social Service Occupations (21-0000) 2% 2% 2% 2% Legal Occupations (23-0000) 0% 0% 0% 0%
Educational Instruction and Library Occupations (25-0000) 4% 3% 3% 3% Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 2% 2% 2% 2% Healthcare Practitioners and Technical Occupations (29-0000) 8% 7% 7% 8% Healthcare Support Occupations (31-0000) 7% 7% 7% 7%
Protective Service Occupations (33-0000) 1% 1% 1% 1%
Food Preparation and Serving Related Occupations (35-0000) 12% 13% 13% 13% Building and Grounds Cleaning and Maintenance Occupations (37-0000) 4% 4% 4% 3% Personal Care and Service Occupations (39-0000) 4% 4% 4% 4% Sales and Related Occupations (41-0000) 8% 8% 8% 8%
Office and Administrative Support Occupations (43-0000) 14% 14% 14% 14% Farming, Fishing, and Forestry Occupations (45-0000) 0% 0% 0% 0% Construction and Extraction Occupations (47-0000) 1% 1% 1% 1% Installation, Maintenance, and Repair Occupations (49-0000) 4% 5% 5% 4% Production Occupations (51-0000) 2% 2% 2% 2%
Transportation and Material Moving Occupations (53-0000) 6% 7% 7% 7% Total 100% 100% 100% 100%
Occupation Distribution by Land Use
Appendix B - Page 1

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 4 2 3 2
Business and Financial Operations Occupations (13-0000) 4 2 3 2 Computer and Mathematical Occupations (15-0000) 2 1 1 1 Architecture and Engineering Occupations (17-0000) 0 0 0 0 Life, Physical, and Social Science Occupations (19-0000) 0 0 0 0 Community and Social Service Occupations (21-0000) 1 1 1 1 Legal Occupations (23-0000) 0 0 0 0
Educational Instruction and Library Occupations (25-0000) 2 1 1 1 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 1 1 1 0 Healthcare Practitioners and Technical Occupations (29-0000) 4 2 3 2 Healthcare Support Occupations (31-0000) 3 2 2 2
Protective Service Occupations (33-0000) 0 0 0 0
Food Preparation and Serving Related Occupations (35-0000) 6 4 5 3 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 2 1 1 1 Personal Care and Service Occupations (39-0000) 2 1 2 1 Sales and Related Occupations (41-0000) 4 3 3 2
Office and Administrative Support Occupations (43-0000) 7 4 5 3 Farming, Fishing, and Forestry Occupations (45-0000) 0 0 0 0 Construction and Extraction Occupations (47-0000) 1 0 0 0 Installation, Maintenance, and Repair Occupations (49-0000) 2 1 2 1 Production Occupations (51-0000) 1 1 1 0
Transportation and Material Moving Occupations (53-0000) 3 2 3 1 Total 51 30 36 21
Households by Occupation & Land Use
Appendix B - Page 2

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
30% AMI 50% AMI 80% AMI 100% AMI 120% AMIAbove 120% AMI 100% AMI Occupations (SOC Codes)
30% Area
Median
Income
50% Area
Median
Income
80% Area
Median
Income
100% Area
Median
Income
120% Area
Median
Income
Above 120%
Area Median
Income
Management Occupations (11-0000) 5.42% 3.61% 14.27% 12.80% 13.18% 50.72% Business and Financial Operations Occupations (13-0000) 6.94% 10.61% 35.09% 15.60% 11.92% 19.84% Computer and Mathematical Occupations (15-0000) 5.22% 3.48% 12.94% 15.08% 17.64% 45.63% Architecture and Engineering Occupations (17-0000) 5.61% 3.74% 28.28% 20.78% 17.76% 23.84% Life, Physical, and Social Science Occupations (19-0000) 6.82% 9.27% 27.22% 17.96% 16.50% 22.23% Community and Social Service Occupations (21-0000) 9.21% 40.20% 31.10% 12.32% 7.18% 0.00% Legal Occupations (23-0000) 7.07% 8.01% 18.50% 11.29% 10.35% 44.78% Educational Instruction and Library Occupations (25-0000) 9.96% 38.41% 32.21% 11.13% 6.45% 1.83% Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 9.73% 24.29% 31.66% 14.01% 9.07% 11.23% Healthcare Practitioners and Technical Occupations (29-0000) 7.04% 8.32% 22.62% 14.74% 11.99% 35.29% Healthcare Support Occupations (31-0000) 63.58% 36.42% 0.00% 0.00% 0.00% 0.00% Protective Service Occupations (33-0000) 16.68% 40.69% 20.70% 12.74% 5.30% 3.89% Food Preparation and Serving Related Occupations (35-0000) 54.65% 45.35% 0.00% 0.00% 0.00% 0.00% Building and Grounds Cleaning and Maintenance Occupations (37-0000) 38.86% 49.00% 12.14% 0.00% 0.00% 0.00% Personal Care and Service Occupations (39-0000) 48.79% 39.06% 12.15% 0.00% 0.00% 0.00% Sales and Related Occupations (41-0000) 32.49% 33.11% 16.61% 6.91% 10.89% 0.00% Office and Administrative Support Occupations (43-0000) 10.90% 55.34% 31.55% 2.21% 0.00% 0.00% Farming, Fishing, and Forestry Occupations (45-0000) 28.59% 57.51% 13.91% 0.00% 0.00% 0.00% Construction and Extraction Occupations (47-0000) 8.72% 31.31% 38.02% 13.33% 8.64% 0.00% Installation, Maintenance, and Repair Occupations (49-0000) 9.36% 36.44% 38.62% 12.84% 2.74% 0.00% Production Occupations (51-0000) 20.08% 56.91% 23.00% 0.00% 0.00% 0.00% Transportation and Material Moving Occupations (53-0000) 24.18% 56.34% 19.48% 0.00% 0.00% 0.00% Total NA NA NA NA NA NA
Distribution of Occupations for Households by Income Level Appendix B - Page 3

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 0.218 0.127 0.152 0.091 Business and Financial Operations Occupations (13-0000) 0.271 0.148 0.178 0.106 Computer and Mathematical Occupations (15-0000) 0.081 0.047 0.056 0.033 Architecture and Engineering Occupations (17-0000) 0.016 0.010 0.012 0.007 Life, Physical, and Social Science Occupations (19-0000) 0.016 0.009 0.010 0.006 Community and Social Service Occupations (21-0000) 0.113 0.064 0.077 0.047 Legal Occupations (23-0000) 0.014 0.007 0.009 0.005
Educational Instruction and Library Occupations (25-0000) 0.221 0.094 0.112 0.068 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 0.087 0.054 0.065 0.036 Healthcare Practitioners and Technical Occupations (29-0000) 0.272 0.158 0.190 0.123 Healthcare Support Occupations (31-0000) 2.150 1.260 1.510 0.979 Protective Service Occupations (33-0000) 0.080 0.048 0.058 0.033 Food Preparation and Serving Related Occupations (35-0000) 3.338 2.123 2.544 1.472 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 0.693 0.416 0.498 0.288 Personal Care and Service Occupations (39-0000) 1.065 0.636 0.762 0.433 Sales and Related Occupations (41-0000) 1.357 0.821 0.984 0.581 Office and Administrative Support Occupations (43-0000) 0.782 0.444 0.532 0.321 Farming, Fishing, and Forestry Occupations (45-0000) 0.026 0.018 0.021 0.012 Construction and Extraction Occupations (47-0000) 0.054 0.036 0.043 0.025 Installation, Maintenance, and Repair Occupations (49-0000) 0.207 0.126 0.152 0.090 Production Occupations (51-0000) 0.204 0.132 0.158 0.091 Transportation and Material Moving Occupations (53-0000) 0.796 0.520 0.623 0.361 Total 12.062 7.298 8.747 5.210
30% AMI Households by Occupation & Land Use
Appendix B - Page 4

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 0.145 0.084 0.101 0.060 Business and Financial Operations Occupations (13-0000) 0.415 0.227 0.272 0.163 Computer and Mathematical Occupations (15-0000) 0.054 0.031 0.037 0.022 Architecture and Engineering Occupations (17-0000) 0.011 0.007 0.008 0.005 Life, Physical, and Social Science Occupations (19-0000) 0.021 0.012 0.014 0.009 Community and Social Service Occupations (21-0000) 0.493 0.279 0.334 0.207 Legal Occupations (23-0000) 0.015 0.008 0.010 0.006
Educational Instruction and Library Occupations (25-0000) 0.854 0.362 0.434 0.262 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 0.218 0.134 0.161 0.091 Healthcare Practitioners and Technical Occupations (29-0000) 0.321 0.187 0.224 0.145 Healthcare Support Occupations (31-0000) 1.231 0.722 0.865 0.561 Protective Service Occupations (33-0000) 0.196 0.118 0.141 0.079 Food Preparation and Serving Related Occupations (35-0000) 2.770 1.761 2.111 1.222 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 0.874 0.524 0.628 0.363 Personal Care and Service Occupations (39-0000) 0.853 0.509 0.610 0.346 Sales and Related Occupations (41-0000) 1.383 0.837 1.003 0.592 Office and Administrative Support Occupations (43-0000) 3.972 2.254 2.702 1.628 Farming, Fishing, and Forestry Occupations (45-0000) 0.053 0.036 0.043 0.025 Construction and Extraction Occupations (47-0000) 0.195 0.130 0.156 0.090 Installation, Maintenance, and Repair Occupations (49-0000) 0.806 0.492 0.590 0.350 Production Occupations (51-0000) 0.577 0.374 0.449 0.259 Transportation and Material Moving Occupations (53-0000) 1.856 1.212 1.453 0.841 Total 17.315 10.301 12.347 7.327
50% AMI Households by Occupation & Land Use
Appendix B - Page 5

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 0.574 0.334 0.400 0.239 Business and Financial Operations Occupations (13-0000) 1.372 0.750 0.899 0.538 Computer and Mathematical Occupations (15-0000) 0.200 0.116 0.139 0.082 Architecture and Engineering Occupations (17-0000) 0.082 0.052 0.062 0.036 Life, Physical, and Social Science Occupations (19-0000) 0.062 0.035 0.042 0.025 Community and Social Service Occupations (21-0000) 0.381 0.216 0.259 0.160 Legal Occupations (23-0000) 0.036 0.020 0.023 0.014
Educational Instruction and Library Occupations (25-0000) 0.716 0.304 0.364 0.220 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 0.284 0.175 0.210 0.118 Healthcare Practitioners and Technical Occupations (29-0000) 0.872 0.508 0.609 0.395 Healthcare Support Occupations (31-0000) 0.000 0.000 0.000 0.000 Protective Service Occupations (33-0000) 0.099 0.060 0.072 0.040 Food Preparation and Serving Related Occupations (35-0000) 0.000 0.000 0.000 0.000 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 0.217 0.130 0.156 0.090 Personal Care and Service Occupations (39-0000) 0.265 0.158 0.190 0.108 Sales and Related Occupations (41-0000) 0.694 0.420 0.503 0.297 Office and Administrative Support Occupations (43-0000) 2.264 1.285 1.540 0.928 Farming, Fishing, and Forestry Occupations (45-0000) 0.013 0.009 0.010 0.006 Construction and Extraction Occupations (47-0000) 0.237 0.158 0.190 0.110 Installation, Maintenance, and Repair Occupations (49-0000) 0.855 0.522 0.626 0.371 Production Occupations (51-0000) 0.233 0.151 0.181 0.105 Transportation and Material Moving Occupations (53-0000) 0.642 0.419 0.502 0.291 Total 10.099 5.820 6.976 4.173
80% AMI Households by Occupation & Land Use
Appendix B - Page 6

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 0.515 0.299 0.359 0.214 Business and Financial Operations Occupations (13-0000) 0.610 0.333 0.400 0.239 Computer and Mathematical Occupations (15-0000) 0.233 0.135 0.162 0.095 Architecture and Engineering Occupations (17-0000) 0.060 0.038 0.046 0.026 Life, Physical, and Social Science Occupations (19-0000) 0.041 0.023 0.028 0.017 Community and Social Service Occupations (21-0000) 0.151 0.085 0.102 0.063 Legal Occupations (23-0000) 0.022 0.012 0.014 0.008
Educational Instruction and Library Occupations (25-0000) 0.248 0.105 0.126 0.076 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 0.126 0.078 0.093 0.052 Healthcare Practitioners and Technical Occupations (29-0000) 0.568 0.331 0.397 0.257 Healthcare Support Occupations (31-0000) 0.000 0.000 0.000 0.000 Protective Service Occupations (33-0000) 0.061 0.037 0.044 0.025 Food Preparation and Serving Related Occupations (35-0000) 0.000 0.000 0.000 0.000 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 0.000 0.000 0.000 0.000 Personal Care and Service Occupations (39-0000) 0.000 0.000 0.000 0.000 Sales and Related Occupations (41-0000) 0.289 0.175 0.209 0.124 Office and Administrative Support Occupations (43-0000) 0.159 0.090 0.108 0.065 Farming, Fishing, and Forestry Occupations (45-0000) 0.000 0.000 0.000 0.000 Construction and Extraction Occupations (47-0000) 0.083 0.055 0.066 0.038 Installation, Maintenance, and Repair Occupations (49-0000) 0.284 0.174 0.208 0.123 Production Occupations (51-0000) 0.000 0.000 0.000 0.000 Transportation and Material Moving Occupations (53-0000) 0.000 0.000 0.000 0.000 Total 3.450 1.971 2.362 1.425
100% AMI Households by Occupation & Land Use
Appendix B - Page 7

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 0.530 0.308 0.369 0.221 Business and Financial Operations Occupations (13-0000) 0.466 0.255 0.305 0.183 Computer and Mathematical Occupations (15-0000) 0.273 0.158 0.190 0.112 Architecture and Engineering Occupations (17-0000) 0.051 0.033 0.039 0.023 Life, Physical, and Social Science Occupations (19-0000) 0.038 0.021 0.025 0.015 Community and Social Service Occupations (21-0000) 0.088 0.050 0.060 0.037 Legal Occupations (23-0000) 0.020 0.011 0.013 0.008
Educational Instruction and Library Occupations (25-0000) 0.143 0.061 0.073 0.044 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 0.081 0.050 0.060 0.034 Healthcare Practitioners and Technical Occupations (29-0000) 0.462 0.269 0.323 0.209 Healthcare Support Occupations (31-0000) 0.000 0.000 0.000 0.000 Protective Service Occupations (33-0000) 0.025 0.015 0.018 0.010 Food Preparation and Serving Related Occupations (35-0000) 0.000 0.000 0.000 0.000 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 0.000 0.000 0.000 0.000 Personal Care and Service Occupations (39-0000) 0.000 0.000 0.000 0.000 Sales and Related Occupations (41-0000) 0.455 0.275 0.330 0.195 Office and Administrative Support Occupations (43-0000) 0.000 0.000 0.000 0.000 Farming, Fishing, and Forestry Occupations (45-0000) 0.000 0.000 0.000 0.000 Construction and Extraction Occupations (47-0000) 0.054 0.036 0.043 0.025 Installation, Maintenance, and Repair Occupations (49-0000) 0.061 0.037 0.044 0.026 Production Occupations (51-0000) 0.000 0.000 0.000 0.000 Transportation and Material Moving Occupations (53-0000) 0.000 0.000 0.000 0.000 Total 2.747 1.579 1.893 1.141
120% AMI Households by Occupation & Land Use
Appendix B - Page 8

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Appendix B
City of San Ramon
Affordable Housing Analysis
Occupational Statistics (Residential)
Occupations (SOC Codes) Single Family Detached Condominium Townhome Apartment Management Occupations (11-0000) 2.039 1.185 1.421 0.849 Business and Financial Operations Occupations (13-0000) 0.776 0.424 0.508 0.304 Computer and Mathematical Occupations (15-0000) 0.706 0.409 0.491 0.289 Architecture and Engineering Occupations (17-0000) 0.069 0.044 0.053 0.030 Life, Physical, and Social Science Occupations (19-0000) 0.051 0.029 0.034 0.021 Community and Social Service Occupations (21-0000) 0.000 0.000 0.000 0.000 Legal Occupations (23-0000) 0.086 0.047 0.057 0.034
Educational Instruction and Library Occupations (25-0000) 0.041 0.017 0.021 0.013 Arts, Design, Entertainment, Sports, and Media Occupations (27-0000) 0.101 0.062 0.075 0.042 Healthcare Practitioners and Technical Occupations (29-0000) 1.361 0.793 0.950 0.616 Healthcare Support Occupations (31-0000) 0.000 0.000 0.000 0.000 Protective Service Occupations (33-0000) 0.019 0.011 0.014 0.008 Food Preparation and Serving Related Occupations (35-0000) 0.000 0.000 0.000 0.000 Building and Grounds Cleaning and Maintenance Occupations (37-0000) 0.000 0.000 0.000 0.000 Personal Care and Service Occupations (39-0000) 0.000 0.000 0.000 0.000 Sales and Related Occupations (41-0000) 0.000 0.000 0.000 0.000 Office and Administrative Support Occupations (43-0000) 0.000 0.000 0.000 0.000 Farming, Fishing, and Forestry Occupations (45-0000) 0.000 0.000 0.000 0.000 Construction and Extraction Occupations (47-0000) 0.000 0.000 0.000 0.000 Installation, Maintenance, and Repair Occupations (49-0000) 0.000 0.000 0.000 0.000 Production Occupations (51-0000) 0.000 0.000 0.000 0.000 Transportation and Material Moving Occupations (53-0000) 0.000 0.000 0.000 0.000 Total 5.248 3.022 3.622 2.205
Above 120% AMI Households by Occupation & Land Use
Appendix B - Page 9

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26 City of San Ramon February 17, 2026
Affordable housing In-Lieu Fee Justification Study
www.FinanceDTA.com

APPENDIX C
City of San Ramon
Affordable Housing In-Lieu Fee Justification Study

AFFORDABILITY GAP

ANALYSIS

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Appendix C
City of San Ramon
Affordable Housing Gap Analysis
Development Category or Development Description
For Rent Product
Affordable 30
AMI
For Rent Product
Affordable 50
AMI
For Rent Product
Affordable 80
AMI
For Rent Product
Affordable 100
AMI
Units 1 [a] 1 1 1 1
Unit Size 1,100 [b] 1,100 1,100 1,100 1,100
Rentable Sq. Ft. [c] = [a] x [b] 1,100 1,100 1,100 1,100 Rental Assumptions
Monthly Rental (Per Unit) [1] [d] $1,079 $1,798 $2,878 $3,596 Monthly Rental (Per Sq. Ft.) [e] = [d] / [b] $0.98 $1.63 $2.62 $3.27 Revenue Assumptions
Gross Annual Revenue [f] = [c] x [e] $12,948 $21,576 $34,536 $43,152 Less: Vacancies [2] 4.50% ($583) ($971) ($1,554) ($1,942) Less: Operating Costs [3] $5,500.00 per Unit per Year ($5,500) ($5,500) ($5,500) ($5,500) Net Annual Revenue [g] $6,865 $15,105 $27,482 $35,710
Valuation Assumptions
Assumed Cap Rate [2] 4.90% [h] 4.90% 4.90% 4.90% 4.90%
Estimated Valuation [i] = [g] / [h] $140,109 $308,267 $560,855 $728,779 Estimated Development Cost [j] $543,100 $543,100 $543,100 $543,100 Tax Credit Financing
Eligible Basis 75% [k] = [j] x 75% $407,325 $407,325 $407,325 $0 Tax Credit [l] 4% 0% 0%
Estimated Tax Credit Financing [m] = [k] x [l] x 10 $162,930 $0 $0 $0 Affordability Gap [n] = [i] - [j] - [m] $240,061 $234,833 $0 $0 [1] Market rates based on listings of apartment rentals in the City. Rentals for 80% AMI, 50% AMI, and 30% AMI, are based on the State HUD limits effective April 1, 2025 (see Appendix C), for a 2 bedroom unit.
[2] Source: CoStar Property - Multi-Family Summary, City of San Ramon.

Assumptions
Appendix C - Page 1

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18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 92612
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com

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City Council Staff Report
Item No. 9.2.

Date: March 10, 2026
To: San Ramon City Council
From: Lauren Barr, Department Director
Ryan Driscoll, Senior Planner
Subject: Public Hearing - Introduction of Ordinance No. (Next in Line) - Amending Title C, Division C4 (Land Development) by repealing and replacing Chapter V (Child Care Fees), Chapter IX (Park And Recreation Facility Impact Fee), Chapter X (Private Sector Arts And Beautification Contribution Fee), Chapter XI (Open Space Development Impact Fee), Chapter XII (Inclusionary Housing), and Chapter XIII (Affordable Housing Commercial Linkage Fee); and by adding Chapter XIV (Parkland Development Impact Fee) of the City Of San Ramon Municipal Code Relating to the adopted Nexus Fee Study for the established fees; and amending Title C, Division C5 (Subdivision Procedures), by repealing and replacing Chapter X (Parkland Dedication) of the City Of San Ramon Municipal Code establishing the applicable Nexus Fee Study Fee and methodology for the calculation of in-lieu fees for parkland dedication, as applicable
Executive Summary:

City Staff contracted with David Taussig and Associates (DTA) to conduct a Nexus Fee Study on the development fees previously analyzed in the 2017 Keyser Marston Study consistent with the requirements of AB 1600. The results of the study have been included in the Master Fee Schedule update for FY 26/27. During the review of the proposed fees, it was determined that certain sections of the Municipal Code needed to be amended for internal consistency. The proposed revisions have been included in redline format as Exhibits A-H of the draft Ordinance.

Recommendation:

Introduce Ordinance (Next in Line), Waive the Reading and Read by Title Only, Open the Public Hearing, Take Public Testimony, Close the Public Hearing and Set the Ordinance for Adoption at the March 24, 2026 City Council Meeting.

Background:

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In 2018, as a result of the 2017 Keyser Marston Development Impact Nexus Fee Study, the City adopted revisions to Division C4 Land Development and included various references specific to the 2017 Keyser Marston Nexus Study. The Mitigation Fee Act, (AB 1600), establishes specific requirements that local officials must follow in establishing, increasing, or imposing development fees. Specifically, local officials must conduct a “nexus study” to demonstrate a “reasonable relationship” between the fees, the activities to be funded by the fees, and the development projects on which the fees are assessed. Included in the AB 1600 provisions and as amended by AB 602, among other things, is a requirement that certain fees be based on square footage as opposed to residential units and that the nexus studies shall be updated at least every 8 years from the period beginning January 1, 2023.

City Staff contracted with David Taussig and Associates (DTA) to conduct a Nexus Fee Study on the development fees previously analyzed in the 2017 Keyser Marston Study. The results of the study have been included in the Master Fee Schedule update for FY 26/27.

During the review of the proposed fees, it was determined to be necessary to amend certain Sections of the Municipal Code for consistency:
1) The following Chapters in Division C4 Land Development have been amended to remove the specific reference to the 2017 Keyser Marston study and other minor clarifying edits and terminology as shown in Exhibits A-F (Redline Format) to the Draft Ordinance:
• Chapter V Child Care Fees
• Chapter IX Parkland and Recreation Facility Impact Fee • Chapter X Public Art Impact Fee
• Chapter XI Open Space Development Impact Fee
• Chapter XII Inclusionary Housing (Residential Development Project) • Chapter XIII Affordable Housing Commercial Linkage fee (Commercial Development Projects)
The proposed modifications include a general reference to the applicable Nexus Fee Study, as approved by the City and incorporated into the Master Fee Schedule, rather than a specific study or date. This will eliminate the need for future Code amendments as we update the Nexus Fee Studies in the future consistent with AB 1600. 2) Division C4-Chapter XIV (Exhibit G-Redline Format) has been added to create a standard parkland fee that is applicable to all new residential projects, as opposed to only new residential subdivisions, and includes a general reference to the approved Nexus Fee Study and related methodology for calculating the fee. In addition, Division C5, Subdivision Procedures, Chapter X - Parkland Dedication (Exhibit H- Redline Format) has been modified to 1) reflect the shift to a square footage standard, 2) eliminate the land appraisal requirement process, and 3) references back to the Parkland in-lieu fee established in Division C4-Chapter XIV when approved as an alternative to dedication of parkland.

Fiscal Impact:

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The proposed Municipal Code revisions are intended to provide consistency with the master fee schedule and current Nexus Fee Study. There are no fiscal impacts relating to the update of the Municipal Code and future fee revisions are addressed as part of the adoption of the Master Fee Schedule and nexus fee studies as applicable. Each future project will be required to offset their impacts through payment of the established fees outlined in the adopted Nexus Fee Study. The specific amounts in each fee category will be determined by the project characteristics.

Alternative Option(s):
1) Continue public hearing for additional discussion
2) Do not approve the proposed revisions. Under this option, the Code will remain unchanged and the related fees in the Master Fee Schedule will need to be reset based on the prior Nexus Study referenced in the various Code sections; however, the City would not be in compliance with the AB 1600 square footage standards.

Next Steps:

Set Ordinance for adoption at the March 24, 2026 City Council Meeting.

Attachment(s):

A. Ordinance (Next in Line)-Municipal Code Fee Revisions B. Exhibit 1 Chapter V-Child Care Fees
C. Exhibit 2 Chapter IX-Park and Recreation Facility Impact Fee D. Exhibit 3 Chapter X-Public Art Impact Fee
E. Exhibit 4 Chapter XI-Open Space Development Impact Fee F. Exhibit 5 Chapter XII-Inclusionary Housing (Residential Development Project) G. Exhibit 6 Chapter XIII-Affordable Housing Commercial Linkage fee (Commercial Development Projects)
H. Exhibit 7 Chapter XIV - Parkland Development Impact Fee I. Exhibit 8 Division C5 (Subdivision Procedures), Chapter X - Parkland Dedication

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Attachment A
Ordinance XXX

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ORDINANCE (Next in Line)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AMENDING TITLE C, DIVISION C4 (LAND DEVELOPMENT) BY REPEALING AND

REPLACING CHAPTER V (CHILD CARE FEES), CHAPTER IX (PARK AND

RECREATION FACILITY IMPACT FEE), CHAPTER X (PRIVATE SECTOR ARTS

AND BEAUTIFICATION CONTRIBUTION FEE), CHAPTER XI (OPEN SPACE

DEVELOPMENT IMPACT FEE), CHAPTER XII (INCLUSIONARY HOUSING), AND CHAPTER XIII (AFFORDABLE HOUSING COMMERICAL LINKAGE FEE); AND BY

ADDING CHAPTER XIV (PARKLAND DEVELOPMENT IMPACT FEE) OF THE

CITY OF SAN RAMON MUNICIPAL CODE RELATING TO THE ADOPTED NEXUS FEE STUDY FOR THE ESTABLISHED FEES; AND AMENDING TITLE C, DIVISION C5 (SUBDIVISION PROCEDURES), BY REPEALING AND REPLACING CHAPTER X (PARKLAND DEDICATION) OF THE CITY OF SAN RAMON MUNICIPAL CODE

ESTABLISHING THE APPLICABLE NEXUS FEE STUDY FEE AND

METHODOLOGY FOR THE CALCULATION OF IN-LIEU FEES FOR PARKLAND

DEDICATION AS APPLICABLE
THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:

SECTION 1: SAN RAMON MUNICIPAL CODE TITLE C, DIVISION C4, - LAND DEVELOPMENT is hereby amended as follows:

A. Chapter V (Child Care Fees) is hereby repealed and replaced by the provisions attached hereto as Exhibit 1 to ensure compliance with AB 1600, and consistency with the current Nexus Fee Study.

B. Chapter IX (Park and Recreation Facility Impact Fee (Subdivision and Non-Subdivision)) is hereby repealed and replaced by the provisions attached hereto as Exhibit 2 to provide a standardized calculation of applicable parkland and recreation facility impact fees for new residential development, and to ensure compliance with AB 1600, and consistency with the current Nexus Fee Study.

C. Chapter X (Private Sector Arts and Beautification Contribution Fee) is hereby repealed, replaced and renamed Public Art Impact Fee by the provisions attached hereto as Exhibit 3 (Chapter X - Public Art Impact Fee) to ensure compliance with AB 1600, and the consistency with the Nexus Fee Study for Public Art Impact Fees associated with new development.

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Attachment A
Ordinance XXX

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D. Chapter XI (Open Space Development Impact Fee) is hereby repealed and replaced by the provisions attached hereto as Exhibit 4 to provide a standardized calculation of applicable open space development impact fees for new residential development, and to ensure compliance with AB 1600, and consistency with the current Nexus Fee Study.

E. Chapter XII (Inclusionary Housing (Residential Development Projects)) is hereby repealed and replaced by the provisions attached hereto as Exhibit 5 to provide a standardized calculation of applicable Inclusionary Housing residential development impact fees for new residential development, and to ensure compliance with AB 1600, and consistency with the current Nexus Fee Study.

F. Chapter XIII (Affordable Housing Commercial Linkage Fee (Commercial Development Projects)) is hereby repealed and replaced by the provisions attached hereto as Exhibit 6 to this Ordinance to provide a standardized calculation of applicable Affordable Housing Commercial Linkage development impact fees for new non-residential development, and to ensure compliance with AB 1600, and consistency with the current Nexus Fee Study.

SECTION 2: SAN RAMON MUNICIPAL CODE TITLE C, DIVISION C4, CHAPTER XIV - PARKLAND DEVELOPMENT IMPACT FEE is hereby added to Division C4 Land Development as provided in Exhibit 7 to provide a standardized calculation of applicable Parkland Development Impact Fees for new residential development.

SECTION 3: SAN RAMON MUNICIPAL CODE TITLE C, DIVISION C5 (SUBDIVISION PROCEDURES), CHAPTER X - PARKLAND DEDICATION is hereby repealed and replaced by the provisions attached hereto as Exhibit 8 to provide consistency with parkland dedication fees and methods for calculating requirements for new residential development parkland dedication and payment if in-lieu fees as applicable under the Ordinance.

SECTION 4: CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 5: Severability
If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

SECTION 6: Effective Date

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Attachment A
Ordinance XXX

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This ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.

The foregoing ordinance was introduced at the meeting of the City Council of the City of San Ramon on March 10, 2026, and after public hearing, was adopted on March 24, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Mark Armstrong, Mayor
ATTEST:
________________________
Joan Snashall, City Clerk
Exhibits:

1. Chapter V-Child Care Fees

2. Chapter IX-Park and Recreation Facility Impact Fee

3. Chapter X-Public Art Impact Fee

4. Chapter XI-Open Space Development Impact Fee

5. Chapter XII-Inclusionary Housing (Residential Development Project)

6. Chapter XIII-Affordable Housing Commercial Linkage fee (Commercial Development Projects)

7. Chapter XIV - Parkland Development Impact Fee

8. Division C5 (Subdivision Procedures), Chapter X - Parkland Dedication

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EXHIBIT 1

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE
DIVISION C4 - LAND DEVELOPMENT
Chapter V -– School Age Child Care Fees[11]
Contents:

C4-91. - Purpose.

C4-92. - DefiniƟons.

C4-93. - SaƟsfacƟon of requirement and computaƟon.

C4-94 through C4-100. Reserved. -
Footnotes:
--- (11) ---
Editor's note— Ord. No. 484, § 1, adopted Sept. 25, 2018, repealed former Ch. V, §§ C4-91—C4-93, in its enƟrety and enacted new provisions as herein set out. Former Ch. V pertained to similar subject maƩer and derived from the prior code, §§ C13-870, C13-873; Ord. No. 376, § 2, 2005.

C4-91. - Purpose.

The purpose of this Chapter is to require the payment of fees to enable the city to meet exisƟng and future school age child care needs. (Ord. No. 484, § 1, 9-25-2018) C4-92. - DefiniƟons.

As used in this chapter:

AutomaƟc annual adjustment means the automaƟc annual adjustment of the School Age Child Care Fees based on the inflaƟon factors idenƟfied by the applicable Nexus Fee Study.

Child care faciliƟes means an exisƟng or proposed child care facility and related improvements and structures for school age child care on school sites owned by the San Ramon Valley Unified School District.

Fee resoluƟon means any resoluƟon adopted by the city council which implements the provisions of this chapter, including, without limitaƟon, the seƫng of the amounts of the fee established hereby and the adopƟon of provisions for credits, reimbursements and deferral relaƟng to the fees.

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EXHIBIT 1

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Government Code means the Government Code of the state of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as it may thereaŌer be amended or renumbered from Ɵme to Ɵme.

Nexus Fee Study means the current and applicable Development Impact Fee JusƟficaƟon Study including other studies, reports, and all supporƟng data referred to and relied upon in the study to establish applicable fees, which may thereaŌer be amended, supplemented, or updated from Ɵme to Ɵme with adopƟon by the City Council.

Project means any new residenƟal development, the addiƟon of more than one bedroom to an exisƟng residence, and any new non-residenƟal development resulƟng in more than two thousand five hundred gross square feet, including development characterized as mixed use.

ExempƟon from Fees—The following projects/uses, or that porƟon of a mixed use project which contains the following uses, are exempt from the payment of child care fees:

1. Day care center, as defined in California Health and Safety Code SecƟon 1596.76, as amended;

2. Schools, as defined in California EducaƟon Code SecƟon 50 et seq., as amended;

3. Hospitals and extended medical care faciliƟes;

4. Church, synagogue, mosque, temple or other place primarily used as a place of worship where religious services are regularly conducted and where people congregate for such religious services;

5. "Accessory dwelling unit",,” or “Junior Accessory Dwelling Unit” as defined in California Government Code SecƟon 66313 65852.2(i)(4), as amended;

6. Repair and reconstrucƟon of any building damaged by flood, fire or other disaster;

7. That number of units in a senior housing development in accordance with provisions contained in California Civil Code SecƟon 51.3, permanently set aside for qualifying residents, as defined therein;

8. That number of units dedicated for persons of very low, low and moderate income by official agreement and instrument of the city.

Reduced Fees—The following projects/uses will pay a reduced amount of child care fees assessed as one-half the calculated fee:

1. Studio and one-bedroom units proposed within a mulƟ-family residenƟal project;

2. One bedroom addiƟons to exisƟng residenƟal units.
(Ord. No. 484, § 1, 9-25-2018)
C4-93. - SaƟsfacƟon of requirement and computaƟon.

At the Ɵme of building permit issuance for any project defined in this chapter, the applicant shall either pay a fee based upon the adopted city fee resoluƟon or parƟcipate in the construcƟon and establishment of child care faciliƟes, in accordance with the following:

A. Payment of Fees: Fees for residenƟal and non-residenƟal development shall be paid as indicated in the city council resoluƟon establishing fees and charges and consistent with the Keyser Marston Associates Development Fee Study dated March 2017 Nexus Fee Study. The fees referenced by this Chapter may be further amended, supplemented, or updated from Ɵme to Ɵme with adopƟon by the City Council.

The fee may be adjusted annually using the Engineering News Record—San Francisco Bay Area ConstrucƟon Cost Index, not to exceed the cap in the March 2017 Keyser Marston Associates

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EXHIBIT 1

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Development Fee Study. A mixed use project shall pay both a residenƟal fee for the residenƟal component of the project and a non-residenƟal fee for the non-residenƟal component of the project at the same rate as those fees described in this secƟon.

B. ConstrucƟon and Establishment of Child Care FaciliƟes: The developer of a residenƟal, nonresidenƟal or mixed use project may saƟsfy the requirement for the payment of fees by agreeing to parƟcipate in the construcƟon and establishment of one or more child care faciliƟes. Such parƟcipaƟon shall be secured generally as follows:

1. Cost of ParƟcipaƟon. The type and cost of parƟcipaƟon shall bear a direct relaƟonship to the fee otherwise required in subsecƟon A of this secƟon. ConstrucƟon cost indices, prevailing wage rates, and the best available index of costs of equipment and supplies shall determine the level of parƟcipaƟon relaƟve to the required fee.

2. Type of ParƟcipaƟon. The city shall determine the type of parƟcipaƟon in construcƟng and establishing child care faciliƟes.

3. VerificaƟon of ParƟcipaƟon. The city shall require that the developer submit sufficient documentaƟon that the provisions of this chapter have been met.

C. Future School Age Child Care Fees for residenƟal and non-residenƟal development will be subject to the automaƟc annual adjustment inflaƟon factors as provided for by the applicable Nexus Fee Study. (Ord. No. 484, § 1, 9-25-2018)
C4-94 through C4-100. Reserved. –

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EXHIBIT 2

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE
DIVISION C4 - LAND DEVELOPMENT
Chapter IX - Park and RecreaƟon Facility Impact Fee (Subdivision and Non-Subdivision) Contents:

C4-130. - Statement of authority.

C4-131. - Purpose of provisions.

C4-132. - DefiniƟons.

C4-133. - General requirements.

C4-134. - Establishment of park and recreaƟon facility impact fees.

C4-135. - ImposiƟon of park and recreaƟon facility impact fees.

C4-136. - ExempƟons.

C4-137. - Payment of fees.

C4-138. - DisposiƟon of fees.

C4-139. - ExempƟons.

C4-140 139 through C4-145. - Reserved.

C4-130. - Statement of authority.

The authority to collect the park and recreaƟon facility impact fee is provided for under the MiƟgaƟon Fee Act (AB 1600, et seq.). This allows the city of San Ramon to adopt a park and recreaƟon facility impact fee on new development to fund the associated, addiƟonal costs of providing parks and recreaƟon capital faciliƟes. This impact fee will work in concert with the current land dedicaƟon requirement, which was established in conformance with the Quimby Act. The MiƟgaƟon Fee Act allows for fees to be charged to all new development that increases the need for capital faciliƟes, including infill projects. (Ord. No. 483, § 1, 9-11-2018)
C4-131. - Purpose of provisions.

This Chapter is adopted pursuant to the general powers reserved to the city under its city Charter for the purpose of authorizing a park and recreaƟon facility impact fee, to be assessed upon the owners of residenƟal property located within the city. The fees adopted in this chapter shall be assessed upon landowners developing such property for any residenƟal use in order to provide all or a porƟon of the funds necessary to design, construct and install park faciliƟes required to meet the needs of San Ramon Residents and address the impacts caused by new development. It is the intent and purpose of the city to

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EXHIBIT 2

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protect and promote the public health, safety and welfare by designing, construcƟng, and installing park faciliƟes and trails necessitated by new development in the city. Furthermore, it is the intent and purpose of the city that landowners undertaking new development pay the costs of the park faciliƟes and that such costs shall not be and shall not become a responsibility of the city's general fund. (Ord. No. 483, § 1, 9-11-2018)
C4-132. - DefiniƟons.

AutomaƟc annual adjustment means the automaƟc annual adjustment of the park and recreaƟon facility impact fees based on the inflaƟon factors using the Engineering News Record—San Francisco Bay Area ConstrucƟon Cost IndexidenƟfied by the applicable Nexus Fee Study.

Development means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construcƟon acƟviƟes incident thereto, together with the process of obtaining all required land use enƟtlements.

Development project means any project undertaken for the purpose of development, exclusive of projects undertaken by or for public agencies, including, without limitaƟon, schools and parks.

Dwelling unit means any building or porƟon of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepƟng therefrom any unit rented or leased for temporary residency for fewer than thirty days, such as a motel or hotel room (which shall be considered a commercial use).

Nexus study means the report enƟtled, "City of San Ramon Development Fee Study," dated March 2017, approved by the city council on April 25, 2017, by ResoluƟon No. 2017-041, including the other studies, reports, and all supporƟng data referred to and relied upon in the study, as such study exists as of the date of the enactment of this chapter, or as it may thereaŌer be amended or supplemented from Ɵme to Ɵme.

Park facility or park faciliƟes means the parks and recreaƟon faciliƟes to be designed, constructed and installed to meet the needs of San Ramon residents and address the impacts caused by the addiƟonal persons residing or employed on property as a result of new development, which improvements, infrastructure, and faciliƟes are described in the nexus study, and the costs of the design, construcƟon and installaƟon of which are to be financed by the park development impact fee program.

Park and recreaƟonal facility impact fee or fees means the monetary exacƟon as defined by subsecƟon (b) of Government Code SecƟon 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.

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EXHIBIT 2

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(Ord. No. 483, § 1, 9-11-2018)
C4-133. - General requirements.

A. A park and recreaƟon facility impact fee is established to provide funding for park faciliƟes. The park and recreaƟon facility impact fee authorized in this chapter shall be assessed upon landowners developing property for any residenƟal use in order to provide all or a porƟon of the funds which will be necessary to provide neighborhood and community park faciliƟes and trails required to meet the needs of and address the impacts caused by the addiƟonal persons residing on the property as a result of the development. The condiƟon shall be determined by the advisory agency aŌer considering the recommendaƟon of the parks and community services director and/or the parks and community services commission.
(Ord. No. 483, § 1, 9-11-2018)
C4-134. - Establishment of park and recreaƟon facility impact fees.

A. The city council, by resoluƟon, shall establish the specific iniƟal and subsequent amounts of the park and recreaƟon facility impact fees with the Nexus Fee Studynexus study.

B. Future park and recreaƟon facility impact fees will be subject to the automaƟc annual adjustment inflaƟon factors as provided for by the applicable Nexus Fee Study. (Ord. No. 483, § 1, 9-11-2018)
C4-135. - ImposiƟon of park and recreaƟon facility impact fees.

A. The park and recreaƟon facility impact fee established under this chapter shall be imposed on real property located within the city based upon the following types of development:

1. The construcƟon on the property of a new building or structure containing one or more dwelling units;

2. The construcƟon on the property of alteraƟons or addiƟons to an exisƟng building or structure that adds one or more dwelling units to such exisƟng building or structure; or

3. The change in use of an exisƟng building or structure on the property from a previous nonresidenƟal use to a residenƟal use.

B. Except as may be expressly provided in this chapter, no building permits or extension of permits relaƟng to the acƟviƟes described in subsecƟon (A) of this secƟon shall be granted unless and unƟl the appropriate park and recreaƟonal facility impact fee has been paid to the city in accordance with the provisions of this chapter.

C. Notwithstanding anything to the contrary set forth in subsecƟon A of this secƟon or in any other provision of this chapter, the park and recreaƟon facility impact fee established pursuant to this chapter shall apply to any development project that (1) has heretofore received a residenƟal development approval or permit, whether discreƟonary or nondiscreƟonary, from the city, where the approval of the same has been condiƟoned upon payment of a park and recreaƟon facility impact fees; or (2) is subject to a development agreement or other agreement between the landowner and city that requires the payment of a park and recreaƟonal facility impact fee.

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EXHIBIT 2

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(Ord. No. 483, § 1, 9-11-2018)
C4-136. - ExempƟons.

A. The following shall be exempted from payment of the park and recreaƟon facility impact fee established by this chapter:

1. AlteraƟons, renovaƟons, or expansion of an exisƟng residenƟal building or structure where no addiƟonal dwelling units are created and the use is not changed.;

2. The replacement of a destroyed or parƟally destroyed or damaged building or structure with a new residenƟal structure.;

3. A development project that is the subject of a development agreement executed prior to the effecƟve date of the ordinance codified in this chapter, if the development agreement does not require the payment of a park and recreaƟon facility impact fee.

4. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined by California Government Code SecƟon 66313, as amended.

B. Developments containing four or fewer parcels and not used for residenƟal purposes shall be exempted from the requirements of this chapter; provided, however, that a condiƟon shall be placed on the approval of development that if a building permit is requested for construcƟon of a residenƟal structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condiƟon to the issuance of every such permit.

C. The provisions of this chapter do not apply to commercial or industrial development, nor do they apply to condominium projects or stock cooperaƟves which consist of the subdivision of airspace in an exisƟng apartment building which is more than five years old and when no new dwelling units are added.
(Ord. No. 483, § 1, 9-11-2018)
C4-137. - Payment of fees.

Fees shall be paid proporƟonately as each building permit is issued. (Ord. No. 483, § 1, 9-11-2018)
C4-138. - DisposiƟon of fees.

Fees shall be paid to the city and shall be deposited into the subdivision parkPark and RecreaƟon Facility trust fund ("the park facility fund"), or its successor. Money in the park facility fund, including accrued interest, shall be expended solely for acquisiƟon or development of park land, or improvements related theretothe purpose as established by this chapter. Collected fees shall be appropriated by the local agency to which the land is conveyed or fees are paid for a specific project to serve residents of the development.

The local agency shall appropriate such collected fees in a budgetary year within five years upon receipt of payment or within five years aŌer the issuance of building permits on one-half of the dwelling unitslots created by the developmentsubdivision, whichever occurs later.

If such fees are not so commiƩed, these fees shall be distributed and paid to the then recorded owners of the development in the same proporƟon that the size of their lots dwelling unit bears to the total area of all lots dwelling units in the developmentsubdivision.

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EXHIBIT 2

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The city shall report to the city council at least annually on income, expenditures and status of the park facility fund.
(Ord. No. 483, § 1, 9-11-2018)
C4-139. - ExempƟons.

A. Developments containing four or fewer parcels and not used for residenƟal purposes shall be exempted from the requirements of this chapter; provided, however, that a condiƟon shall be placed on the approval of development that if a building permit is requested for construcƟon of a residenƟal structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condiƟon to the issuance of every such permit.

B. The provisions of this chapter do not apply to commercial or industrial subdivisions, nor do they apply to condominium projects or stock cooperaƟves which consist of the subdivision of airspace in an exisƟng apartment building which is more than five years old and when no new dwelling units are added.
(Ord. No. 483, § 1, 9-11-2018)
C4-140 139 through C4-145. - Reserved.

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE

DIVISION C4 - LAND DEVELOPMENT
Chapter X - Private Sector Arts and BeauƟficaƟon ContribuƟonPublic Art Impact Fee Contents:

C4-146. - Purpose of provisions.

C4-147. - DefiniƟons.

C4-148. - General RequirementsApplicability.

C4-149. - Establishment of public art impact feesExempƟons.

C4-150. - ImposiƟon of public art impact feesAlternaƟve elecƟon for commercial development.

C4-151. - ExempƟonsPayment of fees.

C4-152. - AlternaƟve elecƟon of commercial developmentDisposiƟon of fees.

C4-153. - Payment of fees.

C4-154. - DisposiƟon of fees.

C4-153C4-155 through C4-159. - Reserved.

C4-146. - Purpose of provisions.

This Chapter is adopted pursuant to the general powers reserved to the city under its City Charter for the purpose of authorizing private sector arts and beauƟficaƟona public art impact fee to be assessed upon new residenƟal and commercial developments, where construcƟon of public art is not a condiƟon of project approval, and addiƟon/alteraƟon to exisƟng residenƟal and commercial properƟes to promote the acquisiƟon, construcƟon, installaƟon, restoraƟon and maintenance of pPublic aArt pPieces in San Ramon that will foster creaƟvity, freedom of expression, cultural awareness, civic pride and a strong sense of community for achieving the community image policies in the general plan. (Ord. No. 485, § 1, 10-9-2018)
C4-147. - DefiniƟons.

For the purpose of this chapter, certain word and terms are defined as follows:

AutomaƟc annual adjustment means the automaƟc annual adjustment of the Public Art Impact Fees based on the inflaƟon factors idenƟfied by the applicable Nexus Fee Study.

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AddiƟon means an expansion, extension, or increase in the gross floor area or height of a building of facility as defined in California Building Code.

AlteraƟon means any construcƟon or renovaƟon to an exisƟng structure, other than repair or addiƟon, as defined in California Building Code.

Building code valuaƟon means the value of the building or other construcƟon project based on the building official's esƟmate of the development project or improvement valuaƟon.

Commercial means all non-residenƟal developments or uses including, but not limited to, office, retail, hotel, and commercial components of mixed use developments and properƟes.

Fee resoluƟon means any resoluƟon adopted by the city council which implements the provisions of this chapter including, but not limited to, the seƫng of the amounts of the fee established hereby and the adopƟon of provisions for credits, reimbursements and deferral relaƟng to the fees.

Public Art Piece includes, but is not limited to, painƟngs, mural decoraƟons, inscripƟons, stained glass, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoraƟon, carvings, frescoes, mosaics, or drawings, as well as furnishing or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been uniquely enhanced by an arƟst to be visually appealing. A Public Art Piece shall be accessible to the public and may be placed on private land within public view or access, or in public places such as City of San Ramon property, the exterior of any City of San Ramon owned facility, public areas, lobbies, or public assembly areas.

Public Art means the Public Art Piece(s) to be designed, constructed and installed to meet the needs of San Ramon residents and address the impacts caused by the addiƟonal persons residing or employed on property as a result of new development, and the costs of the design, construcƟon and installaƟon of which are to be financed by the public art impact fee.

Public Art impact fee or fees means the monetary exacƟon as defined by subsecƟon (b) of Government Code SecƟon 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.

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ResidenƟal means all residenƟal developments or properƟes including residenƟal components of mixed use developments and properƟes.
(Ord. No. 485, § 1, 10-9-2018)
C4-148. - General Requirements.

A public art impact fee is established to provide funding for Public Art. The public art impact fee authorized in this chapter shall be assessed upon landowners developing property for any new residenƟal and commercial developments, where construcƟon of public art is not a condiƟon of project approval, to provide all or a porƟon of the funds which will be necessary to provide Public Art required to meet the needs of and address the impacts caused by the addiƟonal persons residing or employed on the property as a result of the new development.

C4-149. – Establishment of Public Art Impact Fees
A. The city council, by resoluƟon, shall establish the specific iniƟal and subsequent amounts of the public art impact fees with the Nexus Fee Study.

B. Future Public Art Impact Fees will be subject to the automaƟc annual adjustment inflaƟon factors as provided for by the applicable Nexus Fee Study.

C4-148. - Applicability.C4-150. – ImposiƟon of public art impact fees.

A. The public art impact fee established under this chapter shall be imposed on real property located within the urban growth boundary of the city and/or the city limit as shown on the general plan based upon the following types of developments and improvements:

1. The construcƟon on the property of a new building or structure, or alteraƟons or addiƟons to an exisƟng building or structure, containing Nnew residenƟal development, including one or more dwelling units; or

1.2. The construcƟon on the property of a new building or structure, or alteraƟons or addiƟons to an exisƟng building or structure, containing new and commercial developments; or

2.3. The construcƟon on the property of a new building or structure, or alteraƟons or addiƟons to an exisƟng building or structure, containing mixed use development including components comprised of residenƟal and commercial development.AddiƟon/alteraƟon to exisƟng residenƟal and commercial development and properƟes.

B. Except as may be expressly provided in this chapter, no building permits or extension of permits relaƟng to the acƟviƟes described in subsecƟon (A) of this secƟon shall be granted unless and unƟl the appropriate public art impact fee has been paid to the city in accordance with the provisions of this chapter or the construcƟon of required public art, including Ɵming of installaƟon, is a condiƟon of approval for the project..

B.C.Notwithstanding anything to the contrary set forth in subsecƟon A of this secƟon or in any other provision of this chapter, the public art impact fee established pursuant to this chapter shall apply to any development project that (1) has heretofore received a development approval or permit, whether discreƟonary or nondiscreƟonary, from the city, where the approval of the same has been condiƟoned upon payment of a public art impact fee; or (2) is subject to a development agreement

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or other agreement between the landowner and city that requires the payment of a public art impact fee.
(Ord. No. 485, § 1, 10-9-2018)
C4-149151. - ExempƟons.

The following developments shall be exempted from payment of private sector art and beauƟficaƟon contribuƟonthe public art impact fee established by this chapter:

1. All works exempt from building permits pursuant California Building Code SecƟon 105, as amended.;

2. New residenƟal development of less than ten dwelling units;

3. AddiƟon to an exisƟng residenƟal development of less than five hundred square feet;

4. AlteraƟon and repair of an exisƟng residenƟal development including, but not limited to, reroofing, kitchen remodeling, and bathroom alteraƟon;

5.2. ConstrucƟon of an aAccessory dDwelling uUnit or Junior Accessory Dwelling Unit as defined by California Government Code SecƟon 66313, as amended.in the San Ramon Zoning Ordinance SecƟon D4-39.; and

6. AddiƟon, alteraƟon, or tenant improvement of an exisƟng commercial development less than one million dollars in building code valuaƟon.
(Ord. No. 485, § 1, 10-9-2018)
C4-1502. - AlternaƟve elecƟon for commercial development.

New commercial development not specifically required to provide public art as a condiƟon of project approval or any addiƟon, alteraƟon, or tenant improvement of an exisƟng commercial development with more than five million dollars in building code valuaƟon may elect to do one of the following:

1. Pay the public art impact fee if the project site lacks sufficient public exposure, or

2. Install an on-site pPublic aArt Piece(s), generally consistent with the scale of the development proposed and as approved under the Public Art Program process and procedures. of which its value including the installaƟon cost shall be equal to or greater than the assessed fee. (Ord. No. 485, § 1, 10-9-2018)
C4-1513. - Payment of fees.

The fees shall be paid in accordance with the adopted fee resoluƟon for each fiscal year at the Ɵme of the issuance of necessary building permits.
(Ord. No. 485, § 1, 10-9-2018)
C4-1524. - DisposiƟon of fees.

The fees paid to the city shall be deposited into arts/beauƟficaƟonpublic art trust fund (the public art fund) or its successor. Money in the public art fund, including accrued interest, shall be expended solely for acquisiƟon, construcƟon, and installaƟon of public art pieces in San Ramon at locaƟons idenƟfied in the adopted parks and community services masterplan or approved by the city council by resoluƟon the purpose as established by this chapter. Collected fees shall be appropriated by the local agency for a

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specific project to serve residents of the development. The local agency shall appropriate such collected fees in a budgetary year within five years upon receipt of payment or within five years aŌer the issuance of building permits for the commercial development or on one-half of the dwelling units created by the residenƟal development, whichever occurs later. If such fees are not so commiƩed, these fees shall be distributed and paid to the then-recorded owners of the commercial development or in the same proporƟon that the size of the dwelling unit bears to the total area of all dwelling units in a residenƟal development. The income, expenditures, and status of the public art fund shall be reported to the city council annually.
(Ord. No. 485, § 1, 10-9-2018)
C4-1535 through C4-159. - Reserved.

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE

DIVISION C4 - LAND DEVELOPMENT

Chapter XI - Open Space Development Impact Fee
Contents:

C4-160. - Purpose of provisions.

C4-161. - DefiniƟons.

C4-162. - Amount of the open space development impact fee.

C4-163. - ImposiƟon of open space development impact fee.

C4-164. - ExempƟons.

C4-165. - Payment of fees.

C4-166. - DisposiƟon of fees.

C4-167 through C4-174. - Reserved.

C4-160. - Purpose of provisions.

This Chapter is adopted pursuant to the general powers reserved to the city under its city charter for the purpose of authorizing an open space development impact fee. The fees adopted in this chapter shall be assessed upon landowners developing such property for any residenƟal use in order to provide all or a porƟon of the funds which will be necessary to acquire open space and design, construct and install open space improvements required to meet the needs of and address the impacts caused by new development.

It is the intent and purpose of the city to protect and promote the public health, safety and welfare by acquiring open space and designing, construcƟng, and installing open space faciliƟes, such as trails, necessitated by new development in the city. Furthermore, it is the intent and purpose of the city that landowners undertaking the new development pay the costs of the acquiring open space and development of open space improvements and that the costs shall not be or become a responsibility of the city's general fund.
(Ord. No. 486, § 1, 12-11-2018)

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C4-161. - DefiniƟons.

The following definiƟons shall apply to provisions of this chapter:

AutomaƟc annual adjustment means the automaƟc annual adjustment of open space development impact fee based on the inflaƟon factors idenƟfied by the applicable Nexus Fee Studyusing the Engineering News Record - San Francisco Bay Area ConstrucƟon Cost Index.

Development project means any project undertaken for the purpose of development, exclusive of projects undertaken by or for public agencies, including, without limitaƟon, schools and parks.

Dwelling unit means any building or porƟon of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepƟng therefrom any unit rented or leased for temporary residency for fewer than thirty (30) days, such as a motel or hotel room (which shall be considered a commercial use).

Government Code means the Government Code of the State of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as it may thereaŌer be amended or renumbered from Ɵme to Ɵme.

Nexus Fee sStudy means the current and applicable Development Impact Fee JusƟficaƟon Study report enƟtled, "City of San Ramon Development Fee Study," dated March 2017, approved by the city council on April 25, 2017, by ResoluƟon No. 2017-041, including the other studies, reports, and all supporƟng data referred to and relied upon in the study to establish applicable fees, as such study exists as of the date of the enactment of this chapter, it which may thereaŌer be amended, or supplemented, or updated from Ɵme to Ɵme with adopƟon by the City Council.

Open space development means the open space faciliƟes to be designed, constructed and installed to meet the needs of and address the impacts caused by the addiƟonal persons residing on a property as a result of new development.

Open space development impact fee means the monetary exacƟon as defined by subsecƟon (b) of Government Code SecƟon 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.
(Ord. No. 486, § 1, 12-11-2018)
C4-162. - Amount of the open space development impact fee.

A. The city council shall establish by resoluƟon the specific iniƟal and subsequent amounts of the open space development impact fee.

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B. Future open space development impact fees will be subject to the automaƟc annual adjustment inflaƟon factors as provided for by the applicable Nexus Fee Study. (Ord. No. 486, § 1, 12-11-2018)
C4-163. - ImposiƟon of open space development impact fee.

A. The open space development impact fee established under this chapter shall be imposed on real property located within the city based upon the following types of development:

1. The construcƟon on the property of a new building or structure containing one or more dwelling units;

2. The construcƟon on the property of alteraƟons or addiƟons to an exisƟng building or structure that adds one or more dwelling units to such exisƟng building or structure; or

3. The change in use of an exisƟng building or structure on the property from a previous nonresidenƟal use to a residenƟal use.

B. Except as may be expressly provided in this chapter, no building permits or extension of permits relaƟng to the acƟviƟes described in subsecƟon (A)(1) of this secƟon shall be granted unless and unƟl the appropriate open space development impact fee has been paid to the city in accordance with the provisions of this chapter.

C. Notwithstanding anything to the contrary set forth in subsecƟon A of this secƟon or in any other provision of this chapter, the open space development impact fee established pursuant to this chapter shall apply to any development project that receives a residenƟal development approval or permit, whether discreƟonary or nondiscreƟonary, from the city, and where the approval or permit is condiƟoned upon payment of an open space development impact fee. (Ord. No. 486, § 1, 12-11-2018)
C4-164. - ExempƟons.

A. The following shall be exempted from payment of the open space development impact fee established by this chapter:

1. AlteraƟons, renovaƟons, or expansion of an exisƟng residenƟal building or structure where no addiƟonal dwelling units are created and the use has not changed.

2. The replacement of a destroyed or parƟally destroyed or damaged building or structure with a new residenƟal structure.

3. A development project that is the subject of a development agreement executed prior to the effecƟve date of the ordinance codified in this chapter, and the development agreement does not require the payment of an open space development impact fee.

4. Condominium projects or stock cooperaƟves which consist of the subdivision of airspace in an exisƟng apartment building that is more than five years old and no new dwelling units are added.

5. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined by California Government Code SecƟon 66313, as amended.

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(Ord. No. 486, § 1, 12-11-2018)
C4-165. - Payment of fees.

Fees shall be paid proporƟonately as each building permit is issued to create a dwelling unit. (Ord. No. 486, § 1, 12-11-2018)
C4-166. - DisposiƟon of fees.

A. Fees shall be paid to the city and shall be deposited into the open space trust fund ("the open space fund"), or its successor. Money in the fund, including accrued interest, shall be expended solely for acquisiƟon open space or improvements related thereto the purpose as established by this chapter.

Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the development in a budgetary year within five years upon receipt of payment or within five years aŌer the issuance of building permits on onehalf of the dwelling unitslots created by the developmentsubdivision, whichever occurs later.

B. If such fees are not so commiƩed, these fees shall be distributed and paid to the then recorded owners of the development in the same proporƟon that the size of their dwelling unitlots bears to the total area of all dwelling unitslots in the subdivisiondevelopment.

C. The city shall report to the city council at least annually on income, expenditures and status of the open space fund.
(Ord. No. 486, § 1, 12-11-2018)
C4-167 through C4-174. - Reserved.

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE
DIVISION C4 - LAND DEVELOPMENT
Chapter XII - Inclusionary Housing (Residential Development Projects) Contents:

C4-175. - Basis and purpose.

C4-176. - Definitions.

C4-177. - Inclusionary housing requirements.

C4-178. - Timing of performance.

C4-179. - Alternatives to constructing new affordable units.

C4-180. - Affordable housing fund.

C4-181. - Enforcement.

C4-182. - Waiver.

C4-183. - Expeditious processing of development application.

C4-184 through C4-189. - Reserved.

C4-175. - Basis and purpose.

In enacting the Ordinance codified in this Chapter, the City Council finds as follows:

A. The Legislature of the State of California has found that the availability of housing is of vital statewide importance, and that providing decent housing for all Californians requires the cooperative participation of government and the private sector. The Legislature has further found that local governments have a responsibility to use the powers vested in them to make adequate provisions for the housing needs of all economic segments of the community. This Chapter is intended to utilize the police powers of the City of San Ramon, a Charter City, to enhance the public welfare by making adequate provision for the housing needs of all economic segments of the community through exercise of its land use authority in approving residential development projects. This Chapter will ensure that market-rate housing mitigates its impacts on the need for affordable housing by establishing policies which require the development of housing affordable to households of very low-, low-, and moderate-incomes, assist in meeting the City's share of the region's housing need, and help implement the goals, policies, and objectives of the General Plan and the Housing Element.

B. The Housing Element of the City's General Plan has a goal of encouraging the development of affordable housing to help meet the City's assigned share of the regional housing need and has adopted a policy of encouraging the development of a diverse housing stock that provides a range of affordability levels. To implement this goal, the City has committed to increase the production of affordable units at all income levels; in part through production of the onsite construction and payment of affordable housing fees to the City to be used for development of very low-, low-, and moderate-income households. This Chapter provides alternatives that allow for creativity in achieving the overall goal of producing and retaining affordable units.

C. Land prices are a key factor preventing development of new affordable housing. New housing construction in the City which does not include affordable units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land. This reduces the supply of land for affordable housing and increases the price of remaining residential land. Providing the affordable units and affordable housing fees required by this Chapter will help to ensure that part of the City's remaining developable land is used to provide affordable housing. At the same time,

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new market-rate housing contributes to the demand for goods and services in the City, increasing local service employment at wage levels which often do not permit employees to afford housing in the City. The adopted "Development Fee Study", prepared in 2017 (the "Nexus Study"), prepared by Keyser-Marston Associates (KMA), quantifies the impacts of new market-rate units on the need for affordable housing in the City and the justified affordable housing fees to mitigate those impacts. The affordable housing fees authorized by this Chapter are required to be reasonably related to the need for affordable housing associated with market-rate housing as demonstrated by the most current Nexus Study.

D. An economically-balanced community is only possible if part of the new housing built in the City is affordable to households with limited incomes. Requiring builders of new housing to include some affordable housing is fair, not only because new development without affordable units contributes to the shortage of affordable housing but also because Zoning and other Ordinances concerning new housing production in the City should be consistent with the community's goal of fostering an adequate supply of housing for households at all affordability levels and should address the need for affordable housing related to market-rate housing production. This is particularly true of very lowincome housing. The City of San Ramon Regional Housing Need Allocation (RHNA) for the period 2023-2031 requires facilitating the development of 1,497 new very low-income units and 862 new low-income units.

E. The City is experiencing the loss of affordable housing due to the expiration of covenants restricting rents in some affordable housing developments. Affordable housing fees may provide a source of financing to enable the City to preserve existing affordable housing that would otherwise be lost.

F.The limited production of rental housing and the displacement of rental housing units through conversions to residential condominiums reduce the City's rental housing supply, which causes increased rental housing costs and decreased housing affordability. The provision of affordable units within residential condominium conversion projects provides affordable housing ownership opportunities that help offset the loss of affordable rental units. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-176. - Definitions.
(Ord. No. 520, § 1, 10/24/2023)
As used in this Chapter, each of the following terms shall be defined as follows:

Accessory dwelling unit shall have the same meaning as that term defined in TITLE D of the San Ramon Municipal Code.

Affordable housing fee is a fee in-lieu of construction of affordable units. Collection and use of this fee is defined in Section C4-180 (Affordable Housing Fund) of this Code.

Effective on: 11/23/2023
Affordable ownership cost means a sales price resulting in projected average monthly housing payments, during the first calendar year of a household's occupancy, including but not limited to interest, principal, mortgage insurance, property taxes, homeowners' insurance, homeowners' association dues, if any, and a reasonable allowance for utilities, property maintenance, and repairs, not exceeding the following:

1. Very low-income households: 50 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

2. Low-income households: 80 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

3. Moderate-income households: 120 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

Effective on: 11/23/2023

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Affordable rent means monthly rental housing expenses, including all fees for housing services and a reasonable allowance for utilities, not exceeding the following:

1. Extremely low-income households: 30 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

2. Very low-income households: 50 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

3. Low-income households: 80 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

4. Moderate-income households: 120 percent of the annual area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12, but in no event greater than market rent.

Effective on: 11/23/2023
Affordable units means living units which are required under this Chapter to be rented at affordable rent or available at an affordable ownership cost to eligible households.

Effective on: 11/23/2023
Applicant means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks City real property residential development permits or approvals.

Area median income means median income for Contra Costa County, adjusted for household size, as published pursuant to California Code of Regulations, Title 25, Section 6932 and California Health and Safety Code section 50093 as may be amended.

Assumed household size means one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter, unless a federal standard applicable to the development requires the use of a different assumed household size, in which case the federal standard shall apply.

Automatic annual adjustment means the automatic annual adjustment of the Inclusionary Housing Residential Fees based on the inflation factors identified by the applicable Nexus Fee Study.

Construction cost index means the automatic annual adjustment of Inclusionary Housing Residential Fees based on the inflation factors established by the Nexus Fee Study Engineering News Record McGraw-Hill Construction Weekly Building Cost Index for San Francisco. If that index ceases to exist, the Community Development Director shall substitute another construction cost index which in his or her judgment is as nearly equivalent to the original index as possible.

Effective on: 11/23/2023
Eligible buyer means an eligible household qualified to purchase an affordable unit.

Eligible household means a household whose household income (as defined) does not exceed the maximum specified for a very low-, low-, or moderate-income household as applicable for a given affordable unit.

First approval means the first of the following approvals to occur with respect to a residential project: development plan approval, subdivision approval, land use permit approval, design review approval, other discretionary land use approval, or building permit.

For-sale project means a residential project, or portion thereof, that includes the creation of two or more residential living units that may be sold individually, including a condominium, stock cooperative, community apartment, or attached or detached single-family home. A for-sale project also includes a residential condominium conversion project and the creation of residential living units that may be sold individually, but are initially rented rather than sold.

Household income means the combined adjusted gross income for all adult persons living in a living unit as calculated for the purpose of the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor provision.

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1. "Extremely low-income household" means a household whose income does not exceed the extremely low-income limits pursuant to the published standard.

2. "Very low-income household" means a household whose income does not exceed the very low-income limits pursuant to the published standard.

3. "Low-income household" means a household whose income does not exceed the low-income limits pursuant to the published standard.

4. "Moderate-income household" means a household whose income does not exceed the moderate-income limits pursuant to the published standard.

Effective on: 11/23/2023
Market-rate units means new living units in residential projects which are not affordable units (as defined).

Nexus Fee Study means the current and applicable Development Impact Fee Justification Study including other studies, reports, and all supporting data referred to and relied upon in the study to establish applicable fees, which may thereafter be amended, supplemented, or updated from time to time with adoption by the City Council.

Rental project means a residential project, or portion thereof, that creates living units that cannot be sold individually, except that construction of any accessory dwelling unit shall not be considered a rental project.

Residential project means any project containing two or more net new living units or residential lots, or living units and residential lots which total two or more net new units and/or lots in combination, built pursuant to or contained in an application for a development plan, subdivision map, land use permit, other discretionary City land use approval, or building permit. An accessory dwelling unit built on an existing residential lot is not considered a residential project and is not subject to this Chapter. A residential condominium conversion project is considered a residential project and is subject to this Chapter. The provisions of this section shall be interpreted broadly to effect the purposes of this Chapter and to prevent evasion of its terms.

Effective on: 11/23/2023
C4-177. - Inclusionary housing requirements.

The Inclusionary Housing Requirements of this Chapter shall apply to all new residential projects consisting of two or more residential units. Calculations of the number of affordable units required by this Section shall be based on the number of dwelling units in the residential development, excluding any density bonus units as defined in state law or provisions of this code. For mixed-use development projects, the Inclusionary Housing Requirement is determined by: (1) calculating the base Inclusionary Housing Requirement for the commercial use, and (2) calculating the base Inclusionary Housing Requirement for the residential use.

A. For-Sale Projects. The following basic requirements apply to all new for-sale projects unless an alternative is provided by this Chapter:

1. Fewer than Ten Dwelling Units. All for-sale single-family and multi-family residential development projects between two (2) and nine (9) dwelling units may pay an affordable housing fee in-lieu of construction of affordable units. The fee shall be equivalent to 25 percent of the development's total new residential livable square footage (excluding garages) multiplied by the City's cost per square foot rate as set forth in the City's Fee Resolution. The formula below shall be used in calculating the amount of the affordable housing in-lieu fee:
(25 percent of the total livable residential square footage, excluding garage) multiplied by (per square foot fee) equals (total affordable housing in-lieu fee). The City shall deposit these fees into an Affordable Housing Fund as set forth in Section C4-180 to mitigate the impact of the project on the need for affordable housing units.

2. Ten Dwelling Units or More-Single-Family Residential Developments. All for-sale single-family residential development projects of ten (10) dwelling units or more shall develop and reserve a minimum of 15 percent of all for-sale units as affordable units to be sold to very low-, low-, and moderate-income households. Construction of

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accessory dwelling units would not satisfy the Inclusionary Requirement of the project. a. Allocation of Units to Income Levels. Of the minimum 15 percent affordable units provided pursuant to this subsection, units shall be allocated to households with very low-, low-, and moderate-income levels as follows.

The applicant is not precluded from increasing the level of affordability in the project:

For-Sale
Single-Family Units
Very low-income households 20%
Low-income households 30%
Moderate-income households 50%

3. Ten Dwelling Units or More-Multi-Family Residential Developments. All for-sale multi-family residential development projects of ten (10) dwelling units or more shall develop and reserve a minimum of 15 percent of all for-sale units as affordable units to be sold to very low-, low-, and moderate-income households. a. Allocation of Units to Income Levels. Of the 15 percent or higher percentage, if applicable, affordable units provided pursuant to this subsection, units shall be allocated to households with very low-, low-, and moderateincome levels as follows. The applicant is not precluded from increasing the level of affordability in the project:

For-Sale
Multi-Family Units
Very low-income households 20%
Low-income households 30%
Moderate-income households 50%

4. Exceptions. For the purpose of calculating the number of affordable units required by this section, any accessory dwelling units and any additional units authorized as a density bonus pursuant to State law or provisions of this Code shall not be counted as part of the for-sale project.

5. Fractional Units. In computing the total number of affordable units required in a residential development, fractions of one-half (1/2) or greater shall be rounded up to the next highest whole number, and fractions of less than onehalf (1/2) shall be rounded down to the next lowest whole number. In the event that fractional units of one-half (1/2) or greater are equally applicable across multiple affordability levels, the rounding up to a whole number will apply to the lowest affordability level(s) to achieve the correct total number of affordable units offered by the residential development project.

6. Where the calculation of the allocation results in fewer units than would otherwise be required pursuant to subsections (A)(2) and (A)(3) of this section, one additional unit should be allocated to the income level with a decimal fraction closest to 0.50.

7. Design and Distribution of Affordable Units. On-site affordable units shall be comparable to the market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.

Affordable unit size should be generally representative of the unit sizes within the market-rate portion of residential projects, as acceptable to the Community Development Director. Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing. The affordable units shall be dispersed throughout the residential project in a manner acceptable to the Community Development Director unless an alternative is approved by the review authority.

8. Affordable units provided pursuant to one of the alternatives set forth in this Chapter shall be approved and completed no later than time prescribed in this Chapter.

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B. Rental Projects. The following basic requirements apply to all new rental projects unless an alternative is provided by this Chapter:

1. Fewer than Ten Dwelling Units. All rental residential development projects between two (2) and nine (9) dwelling units may pay an affordable housing fee in-lieu of construction of affordable units. The fee shall be equivalent to 25 percent of the development's total new residential livable square footage (excluding garages) multiplied by the City's cost per square foot rate as set forth in the City's Fee Resolution. The formula below shall be used in calculating the amount of the affordable housing in-lieu fee:
(25 percent of the total livable residential square footage, excluding garage) multiplied by (per square foot fee) equals (total affordable housing in-lieu fee). The City shall deposit these fees into an Affordable Housing Fund as set forth in Section C4-180 to mitigate the impact of the project on the need for affordable housing units.

2. Ten Dwelling Units or More. All rental residential development projects of ten (10) dwelling units or more shall develop and reserve a minimum of 15 percent of all rental units as affordable units to be rented to very low- and low-income households.
a. Allocation of Units to Income Levels. Of the 15 percent or higher percentage, if applicable, affordable units provided pursuant to this subsection, units shall be allocated to households with very low- and low-income levels as follows. The applicant is not precluded from increasing the level of affordability in the project.

Rental Units
Very low-income households 50%
Low-income households 50%

3. Exceptions. For the purpose of calculating the number of affordable units required by this section, any accessory dwelling units and any additional units authorized as a density bonus pursuant to State law or provisions of this Code shall not be counted as part of the rental project.

4. Fractional Units. In computing the total number of affordable units required in a residential development, fractions of one-half (1/2) or greater shall be rounded up to the next highest whole number, and fractions of less than onehalf (1/2) shall be rounded down to the next lowest whole number.

5. Where the calculation of the allocation results in fewer units than would otherwise be required pursuant to subsection (B)(2) of this section, one additional unit should be allocated to the income level with a decimal fraction closest to 0.50.

6. Design and Distribution of Affordable Units. On-site affordable units shall be comparable to the market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.

7. Affordable units provided pursuant to one of the alternatives set forth in this Chapter shall be approved and completed no later than time prescribed in this Chapter.

C. For residential projects that include both a for-sale project and a rental project, the provisions of subsection (A) of this section shall apply to the for-sale project, and the provisions of subsection (B) shall apply to the rental project.

D. Exemptions from Inclusionary Housing Requirements. This Chapter shall not apply to the following:

1. Existing residences which are altered, improved, restored, repaired, expanded or extended, provided that the number of units is not increased, except that this Chapter shall pertain to the subdivision of land for the conversion of apartments to condominiums.

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2. The construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the approval of a building permit for the new residential structure, provided that the number of residential units is not increased from the number of residential units of the previously destroyed or demolished residential structure.

3. Accessory dwelling units not constructed to fulfill Inclusionary Housing Requirements.

4. Those residential units which have obtained approval of a Vesting Tentative Map or a Development Agreement prior to the effective date of this Ordinance.
(Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-178. - Timing of performance.

A. Affordable Housing Plan.

1. Any application for the first approval of a residential project shall include an Affordable Housing Plan describing how the project will comply with the provisions of this Chapter. The Affordable Housing Plan shall be processed concurrently with all other applications required for the residential project. As an alternative to compliance with the Inclusionary Housing Requirements, an applicant may propose one or a combination of the alternatives listed in Section C4-179 as part of the Affordable Housing Plan.

2. The Affordable Housing Plan shall be considered by and acted upon by the review authority with authority to approve the residential project. Before approving the Affordable Housing Plan, the review authority shall consider whether the Affordable Housing Plan conforms to this Chapter. The review authority may approve an alternative or a combination of alternatives listed in Section C4-179 if it concludes that the alternative conforms to the standards in Section C4-177. The review authority may also modify the timing requirements for construction and occupancy of market-rate units to accommodate phasing schedules, model variations, or other factors, if the review authority determines this will provide greater public benefit.

3. The approved Affordable Housing Plan for a residential project, or for a building phase in a residential project, where phasing has been approved as part of discretionary project approvals, may be amended prior to issuance of any building permit for the residential project or building phase, if applicable. If the applicant desires any other modification to the approved Affordable Housing Plan, that modification shall be acted upon prior to issuance of any building permit by the review authority that previously approved the Affordable Housing Plan.

B. Affordable Housing Agreement.

1. Affordable Housing Agreement shall be entered into by the City and the project owner prior to final map approval, or where a map is not being processed, prior to issuance of any building permit for such lots or units. If the project's affordable housing obligation will be met entirely through the payment of affordable housing fees, no Affordable Housing Agreement shall be required.

2. The Affordable Housing Agreement shall specify the number, type, location, size, and phasing of all affordable housing units, occupancy requirements, eligibility requirements, provisions for income certification and screening of potential purchasers or renters of units, resale control mechanisms, including the financing of ongoing administrative and monitoring costs, consistent with the approved Affordable Housing Plan, as determined by the Community Development Director.

3. To assure the affordability of the unit, the Affordable Housing Agreement shall be recorded with the property deed prior to the sale of the affordable unit or prior to final inspection for a rental project.

C. Conditions of Approval. Any tentative map, land use permit, or site development review approving residential development projects subject to this Chapter shall contain conditions sufficient to ensure compliance with the provisions of this Chapter. Conditions to carry out the purposes of this Chapter shall be imposed on the first approval

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for a residential project. Additional conditions regarding the approved Affordable Housing Plan may be imposed on later City approvals or actions, including without limitation, planned unit development approvals, subdivision approvals, land use permits, and building permits.

D. Concurrent Construction. All affordable units in a project or phase of a project shall be constructed concurrently with market-rate units, unless the review authority determines that extenuating circumstances exist that make concurrent construction infeasible or impractical.

E. Certificate of Occupancy. In any residential project, no final certification of occupancy of any market-rate unit shall be completed until the permittee has either:

1. Completed construction of on-site affordable units sufficient to meet the requirements of the Affordable Housing Agreement; or

2. Paid affordable housing fees consistent with City-adopted procedures for payment; or

3. Completed corresponding alternative performance under Section C4-179.

F.Continued Affordability.

1. The term of an Affordable Housing Agreement required by subsection (B) of this section for all affordable units shall be a 55-year term. In the case of affordable units that are sold or transferred during the required term, each change of ownership will require a new 55-year term to be recorded.

2. For-sale affordable units which are initially owner-occupied shall not be rented by the owner, except in cases of substantial hardship including, but not limited to, active military duty and illness, and on specified terms as provided in a resale restriction agreement or other agreement acceptable to the Community Development Director.

Affordable unit(s) rented in the case of substantial hardship must be rented at an affordable rent to an eligible household.

3. The maximum sales price permitted on resale of an affordable unit designated for owner-occupancy shall be the lower of: (1) fair market value; or (2) the seller's lawful purchase price, increased by the rate of increase of annual area median income during the seller's ownership. The sales price may also be modified to account for capital improvements made by the seller, deferred maintenance, and the seller's necessary costs of sale. The resale restrictions shall provide an option (first right of refusal) to the City to purchase any affordable owner-occupancy unit at any time the owner proposes sale.

4. If the property owner is unable to sell any or all of the affordable units to eligible buyers after exhausting commercially reasonable efforts to do so for a period of 120 days, upon 90 additional days' notice to the City and on satisfaction of such further conditions as may be included in City-approved restrictions (such as a further opportunity to identify an eligible buyer, sale to a nonprofit affordable housing organization, or additional marketing by owner), the owner may sell the affordable unit at a fair-market value and shall pay the City an amount equal to the difference between the sales price and the affordable ownership cost.

The amount paid to the City shall be deposited into the City's Affordable Housing Fund as defined in Section C4-180.

After such a sale, the unit shall not be subject to any affordable housing requirement of this Chapter.

G. Monitoring of Compliance. Each Affordable Housing Agreement shall include provisions for the monitoring by the City of each residential development and each affordable unit for compliance with the terms of this Chapter. Such provisions may include annual compliance reports to be submitted to the City by the property owner and the City may conduct periodic on-site audits to ensure compliance with all applicable laws, policies, and agreements. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-179. - Alternatives to constructing new affordable units.

As an alternative to compliance with the other provisions of this Chapter, an applicant proposing a new residential

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project may propose one or a combination of the following alternatives as part of its Affordable Housing Plan. The review authority may approve the alternative if the alternative conforms to the standards in the relevant subsection.

Any affordable units provided by an applicant pursuant to one of the following alternatives shall comply with the standards contained in Section C4-178 and shall be roughly equivalent in value to the Inclusionary Housing Requirement contained in Section C4-177.

A. Voluntary Provision of Rental Units. Where affordable units are required in a for-sale project by Section C4-177, the applicant may ask to initially provide rental units affordable to very low-, low- and moderate-income households at rents as prescribed in subsection (A)(1) of this section.

1. At least 15 percent of all units in the residential project shall be exclusively offered for rent to very low- and lowincome households. Of the units in the residential project, 50 percent shall be exclusively offered to very lowincome households at rents affordable to very low-income households, and 50 percent shall be exclusively offered to low-income households at rents affordable to low-income households. Variations that provide a higher total percentage of affordable units may be considered.

2. The affordable rental units shall be comparable in size and type to the market-rate units, including the number of bedrooms per unit.

3. A rent regulatory agreement acceptable to the Community Development Director, and consistent with the requirements of this Chapter, shall be recorded against the residential project prior to any final inspection for occupancy of any unit in the residential project.

4. The rent regulatory agreement shall be in place for 55-years or until such time as the units are sold, whichever occurs first. The rent regulatory agreement shall include provisions for sale of the affordable units and relocation benefits for tenants of the affordable units if the owner of the residential project later determines to offer any affordable units in the residential project for sale. The owner shall provide all notices to prospective tenants of the residential project required by State law and shall additionally, at the time sale of the units is proposed, provide all tenants of the rental affordable units with the same notices, rights, and relocation benefits for residential condominium conversion projects. The owner shall provide as many affordable units at affordable ownership cost as were originally required by the project approval. At the time of sale, resale restrictions, deeds of trust and/or other documents acceptable to the Community Development Director, all consistent with the requirements of this Chapter, shall be recorded against the affordable units for a term of 55-years.

5. The Community Development Director may, from time to time, establish affordable rents in compliance with the requirements of this Chapter and based on recently available data.

B. Off-Site Development. Some or all of the required affordable units may be constructed off-site, or an existing off-site development may be acquired and rehabilitated to provide some or all of the required affordable units. This type of alternative may be allowed if the review authority determines that the combination of location, unit size, unit type, pricing, and timing of availability of the proposed off-site affordable units would provide equivalent or greater benefit than would result from providing those affordable units on-site, or if the review authority City determines that on-site construction of those affordable units would be infeasible. Any off-site affordable units must be constructed or rehabilitated prior to or concurrently with construction of the on-site residential development. The off-site development location must be located within the City of San Ramon and be appropriately zoned with all required entitlements issued for the off-site development alternative before building permits are issued for the on-site residential development.

C. Preservation of Affordable Units at Risk of Loss. The applicant may propose to preserve existing affordable units at risk of loss to provide the affordable housing required by this Chapter.

1. The review authority may approve preservation of affordable units at risk of loss pursuant to this subsection only if the proposal meets all of the following conditions:
a. The affordable units to be preserved shall be affordable to very low- and low-income households; and b. The term of affordability shall be extended for a minimum of 55-years for both rental and for-sale affordable

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units; and
c. The affordable units to be preserved shall be shown as at-risk of loss in the Housing Element of the City's General Plan, or the review authority must find at a public hearing that the affordable units are eligible to, and reasonably expected to, convert to market-rate units in the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use; and d. Prior to occupancy of the residential project, the affordable units to be preserved shall be in safe and sanitary condition and in compliance with all codes.

2. No building permit shall be issued for any new units in the residential project until all of the required regulatory agreements are deemed acceptable to the Community Development Director and have been recorded to extend the term of affordability for the affordable units at risk of loss as required by this subsection.

D. Land Dedication. An applicant may dedicate land to the City or City-designated local non-profit housing developer in lieu of construction of some or all of the required affordable units, if the review authority finds:

1. The dedication of land in lieu of constructing affordable units is consistent with the Chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low- and moderate-income households; and

2. The dedicated land is useable for its intended purpose, is free of toxic substances and contaminated soils, and is fully improved with infrastructure, adjacent utilities, grading, and all development-impact fees paid excluding any affordable housing fees; and

3. The proposed land dedication is of sufficient size to construct or exceed the number of affordable units that the applicant would otherwise be required to construct by Section C4-177.

E. The review authority may accept any combination of on-site construction, off-site construction, affordable housing fees and land dedication or any other feasible alternative that in the review authority's determination would provide equivalent or greater benefit than that which would result from providing on-site affordable units. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-180. - Affordable housing fund.

Affordable housing fees shall be deposited into an "Affordable Housing Fund" ("Fund").

A. All monies collected pursuant to this Chapter shall be deposited into the Fund.

B. Payment of the affordable housing fee shall be added as a condition of approval for development projects subject to this Chapter.

C. The fee amount shall be established by resolution adopted by the City Council, which may be amended from time to time by the Council.

D. Future residential inclusionary housing fees will be subject to the automatic annual adjustment inflation factors as provided for by the applicable Nexus Fee Study.

C.E.All monies in the Fund, together with any interest earnings on such monies less administrative charges, shall be used or committed to use by the City for the purpose of providing or supporting very low-, low-, and moderate-income ownership or rental housing in the City.

D.F. The City shall prepare an annual report to the City Council identifying the balance of monies in the Fund, the affordable units provided, and any monies committed to providing or supporting very low-, low-, and moderate-income housing. The annual report shall also include a review of administrative charges. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-181. - Enforcement.

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A. The Community Development Director shall enforce this Chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The Community Development Director may suspend or revoke any building permit or approval upon finding a violation of any provision of this Chapter. No land use approval, building permit, or certificate of occupancy shall be issued for any residential development unless exempt from or in compliance with this Chapter. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-182. - Waiver.

A. Notwithstanding any other provision of this Chapter, the requirements of this Chapter may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of a proposed residential project and the requirements of this Chapter, or that applying the requirements of this Chapter would take property in violation of the United States or California Constitutions.

B. Any request for a waiver, adjustment, or reduction under this section shall be submitted to the City concurrently with the Affordable Housing Plan required by this Chapter. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

C. The request for a waiver, adjustment, or reduction shall be reviewed and considered by the review authority for the application in the same manner and at the same time as the Affordable Housing Plan. It may only be approved following adoption of written findings to the extent necessary to avoid an unconstitutional result. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-183. - Expeditious processing of development application.

The Community Development Director shall make all reasonable efforts to expedite the processing of development applications with inclusionary housing obligations under this Chapter. If any such application is not approved within four (4) months following the date the application was deemed complete, the Director shall report in writing and in an oral presentation to the City Council on the status of the project. (Ord. No. 487, § I, 4-9-2019; Ord. No. 520, § 1, 10/24/2023) Effective on: 11/23/2023
C4-184 through C4-189. - Reserved.

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE
DIVISION C4 - LAND DEVELOPMENT
Chapter XIII - Affordable Housing Commercial Linkage Fee (Commercial Development Projects) Contents:

C4-190. - Purpose. C4-191. - Definitions.

C4-192. - Affordable housing commercial linkage fee imposed.

C4-193. - Exemptions from payment of affordable housing commercial linkage fee.

C4-194. - Alternative to payment of affordable housing commercial linkage fee.

C4-195. - Affordable housing fund.

C4-196. - Enforcement.

C4-197. - Waiver.

C4-198 through C4-204. - Reserved.

C4-190. - Purpose.

The purpose of this Chapter is to:

A. Enhance the public welfare by imposing an affordable housing commercial linkage fee consistent with the Mitigation Fee Act (Government Code §§ 66000, et seq.) whereby developers of commercial development projects will mitigate the impacts of their projects on the need for affordable housing by contribution to the supply of housing for households with extremely low-, very low-, low- , and moderate-incomes; and
B. Implement the general General plan Plan 2035 2040 housing element by creating a mechanism to provide benefits to the community from new commercial development in the form of affordable housing, and to thereby help meet the needs of all socio-economic elements of the community as provided in the housing element; and
C. Implement the Affordable Housing Commercial Linkage Fee consistent with the City Council adopted Development Fee Study (the "Nexus Study") while supporting fees that do not significantly hinder economic development. 2017 Development Fee Study by Keyser-Marston Associates (KMA) linking commercial development and the need for additional affordable housing. (Ord. No. 487, § II, 4-9-2019)
C4-191. - Definitions.

The following words and terms as used in this chapter shall have the following meaning:

Affordable housing commercial linkage fee, also referred to herein as commercial linkage fee, means the fee paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the city.

Affordable housing fund means a fund or account designated by the city to maintain and account for all monies received pursuant to this chapter.

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Automatic annual adjustment means the automatic annual adjustment of the Affordable Housing Commercial Linkage fees based on the inflation factors identified by the applicable Nexus Fee Study.

Building permit includes full structural building permits as well as partial permits such as foundation-only permits.

Commercial development project means the new construction of non-residential retail space including, but not limited to, retail, service, office, restaurant, entertainment, lodging, industrial, warehouse and manufacturing uses.

Developer means the person(s) or legal entity(ies), who also may be the property owner, who is seeking real property permits or approvals from the city for a commercial development project.

Project means any approval of a commercial development project including, without limitation, a development plan or development plan amendment, rezoning, tentative map, parcel map, land use permit, minor use permit, minor exceptions, variances, building permit or architectural review. (Ord. No. 487, § II, 4-9-2019)
C4-192. - Affordable housing commercial linkage fee imposed.

A. Applicability. An affordable housing commercial linkage fee is imposed on all new construction of commercial development projects, including mixed use projects, regardless of zoning designation of the project site, unless otherwise exempted under this chapter. Payment of the commercial linkage fee shall be added as a condition of approval for all development projects subject to this chapter. The fee amount shall be established by resolution adopted by the city council, which may be amended from time to time by the council. Fees shall not exceed the cost of mitigating the impact of commercial development projects on the need for affordable housing in the city. For mixed use projects, the commercial linkage fee (as set forth in this chapter) is imposed on that portion of the project that consists of new commercial development; the city's inclusionary housing requirements for residential projects (as set forth in Chapter XII of this Code) will apply to the residential portion of a mixed use projects.

B. Future affordable housing commercial linkage fees will be subject to the automatic annual adjustment inflation factors as provided for by the applicable Nexus Fee Study.

B. C. Calculation of Fee. The amount of the fee, as further described in the fee resolution, is imposed on a per square foot basis for net new gross floor area. The formula below shall be used in calculating the amount of the commercial linkage fee:
(Gross square feet nonresidential floor area, excluding structured parking) minus (existing gross square feet of floor area) multiplied by (per square foot fee) equals (total commercial linkage fee).

C. D. Timing of Payment. Commercial linkage fees shall be paid following the filing of a building permit application and prior to issuance of the first building permit for the project. A developer may pay all or a portion of the fee owed at any time prior to issuance of the building permit, at the rate in effect at the time payment is made. For phased projects, the amount due shall be paid on a pro rata basis across the entire square footage of the approved development, and each portion shall be paid prior to the issuance of any building permit for each phase.
(Ord. No. 487, § II, 4-9-2019)

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C4-193. - Exemptions from payment of affordable housing commercial linkage fee.

A. The commercial linkage fee shall not apply to commercial development projects adding five thousand square feet or less of new net square footage.

B. The commercial linkage fee shall not apply to projects that fall within one or more of the following categories:

1. Schools and places of public assembly.;

2. Public facilities.;

3. Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, so long as the square footage and use of the building remains the same, and construction of the replacement building begins within one year of the damage's occurrence. Upon request by the applicant, the review authority may extend the time for replacement for an additional year if the review authority determines that the applicant has proceeded in good faith and has exercised due diligence in replacing the building in a timely manner. (Ord. No. 487, § II, 4-9-2019)
C4-194. - Alternative to payment of affordable housing commercial linkage fee.

As an alternative to payment of the commercial linkage fee, a developer may request to mitigate the housing impacts through construction of affordable residential units on an appropriate housing site, the dedication of land for affordable housing, or the provision of other resources to provide affordable housing. The review authority may approve this request if the proposed alternative furthers affordable housing opportunities in the city that is at least equal in value to the payment of the commercial linkage fee. A developer requesting an alternative must submit their request at the time the original application is filed.
(Ord. No. 487, § II, 4-9-2019)
C4-195. - Affordable housing fund.

Affordable housing commercial linkage fees shall be deposited into an "affordable housing commercial linkage fund" ("fund").

A. All monies collected pursuant to this chapter shall be deposited into the fund.

B. Payment of the affordable housing fee shall be added as a condition of approval for development projects subject to this chapter.

C. The fee amount shall be established by resolution adopted by the city council, which may be amended from time to time by the council.

D. All monies in the fund, together with any interest earnings on such monies less administrative charges, shall be used or committed to use by the city for the purpose of providing or supporting very low-, low-, and moderate-income ownership or rental housing in the city.

E. The city shall prepare an annual report to the city council identifying the balance of monies in the Fund, the affordable units provided and any monies committed to providing or supporting very low-, low-, and moderate-income housing. The annual report shall also include a review of administrative charges. (Ord. No. 487, § II, 4-9-2019)
C4-196. - Enforcement.

A. The community development director shall enforce this chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The community development director may suspend

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or revoke any building permit or approval upon finding a violation of any provision of this chapter. No land use approval, building permit, or certificate of occupancy shall be issued for any commercial development unless exempt from or in compliance with this chapter. The Community Development Director may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the approval authority from any other remedy or relief to which it otherwise would be entitled under law or equity.
(Ord. No. 487, § II, 4-9-2019)
C4-197. - Waiver.

A. Notwithstanding any other provision of this chapter, the requirements of this chapter may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of a proposed commercial project and the requirements of this chapter, or that applying the requirements of this Chapter would take property in violation of the United States or California Constitutions.

B. Any request for a waiver, adjustment, or reduction under this section shall be submitted to the city concurrently at the time of development application. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

C. The request for a waiver, adjustment, or reduction shall be reviewed and considered by the approval authority for the application in the same manner and at the same time as the project. It may only be approved following adoption of written findings to the extent necessary to avoid an unconstitutional result.

C4-198 through C4-204. - Reserved.

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE
DIVISION C4 - LAND DEVELOPMENT
Chapter XIV – Parkland Impact Fee
Contents:

C4-205. – Purpose of provisions.

C4-206. – DefiniƟons.

C4-207. – General Requirements.

C4-208. – Establishment of parkland impact fee.

C4-209. – ImposiƟon of parkland impact fee.

C4-210. – ExempƟons.

C4-211. – Payment of fees.

C4-212. – DisposiƟon of fees.

C4-213 through C4-215. – Reserved.

C4-205. – Purpose of provisions.

A. The authority to collect the parkland impact fee is provided for under the MiƟgaƟon Fee Act (AB 1600, et seq.). This allows the city of San Ramon to adopt a parkland impact fee on new residenƟal development to fund the associated addiƟonal costs of acquiring, enhancing, and expanding parkland and the further development of exisƟng parkland caused by the new residenƟal development. For new development that includes a subdivision, the parkland impact fee works with the amended City Subdivision Ordinance, which establishes the parkland dedicaƟon requirement, in conformance with the Quimby Act.

It is the intent and purpose of the city to protect and promote the public health, safety and welfare by acquiring, enhancing, and expanding parkland and the further development of exisƟng parkland caused by the new residenƟal development in the city. Furthermore, it is the intent and purpose of the city that landowners undertaking new residenƟal development pay the associated addiƟonal costs of acquiring, enhancing, and expanding parkland and the further development of exisƟng parkland caused by the new residenƟal development and that such costs shall not be and shall not become a responsibility of the city's general fund.

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C4-206. – DefiniƟons.

The following definiƟons shall apply to provisions of this chapter:

AutomaƟc annual adjustment means the automaƟc annual adjustment of parkland impact fee based on the inflaƟon factors idenƟfied by the applicable Nexus Fee Study.

Development project means any project undertaken for the purpose of development, exclusive of projects undertaken by or for public agencies, including, without limitaƟon, schools and parks.

Dwelling unit means any building or porƟon of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepƟng therefrom any unit rented or leased for temporary residency for fewer than thirty (30) days, such as a motel or hotel room (which shall be considered a commercial use).

Nexus Fee Study means the current and applicable Development Impact Fee JusƟficaƟon Study including the other studies, reports, and all supporƟng data referred to and relied upon in the study to establish applicable fees, which may thereaŌer be amended, supplemented, or updated from Ɵme to Ɵme by City Council adopƟon.

Parkland means land used for public recreaƟonal purposes to meet the needs of and address the impacts caused by the addiƟonal persons residing on a property as a result of new development. Parkland may be owned by the city or privately owned and maintained land that is accessible to the public and provides a community benefit to the general public.

Parkland impact fee means the monetary exacƟon as defined by subsecƟon (b) of Government Code SecƟon 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.

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C4-207. – General Requirements.

A. The parkland impact fee is established to provide funding for the addiƟonal costs of acquiring, enhancing, and expanding parkland and the further development of exisƟng parkland caused by new residenƟal development. The parkland impact fee authorized in this chapter shall be assessed upon landowners developing property for any residenƟal use with a new dwelling unit(s) in order to provide all or a porƟon of the funds which will be necessary to provide parkland required to meet the needs of and address the impacts caused by the addiƟonal persons residing on the property as a result of the development.

B. ResidenƟal development described in sub-secƟon A of this secƟon that includes subdivision shall comply with the requirements of Division C5 Chapter X (Parkland DedicaƟon), as applicable, and shall be used to saƟsfy SecƟon C5-144 (CalculaƟon of in-lieu fees) of the City of San Ramon Municipal Code.

C4-208 – Establishment of parkland impact fee.

A. The city council shall establish by resoluƟon the specific iniƟal and subsequent amounts of the parkland impact fee consistent with the applicable Nexus Fee Study.

B. Future parkland impact fees will be subject to the automaƟc annual adjustment inflaƟon factors as provided for by the applicable Nexus Fee Study.

C4-209 – ImposiƟon of parkland impact fee.

A. The parkland impact fee established under this chapter shall be imposed on real property located within the city based upon the following types of development:

1. The construcƟon on the property of a new building or structure containing one or more dwelling units.

2. The construcƟon on the property of alteraƟons or addiƟons to an exisƟng building or structure that adds one or more dwelling units to such exisƟng building or structure.

1.3. The change in use of an exisƟng building or structure on the property from a previous nonresidenƟal use to a residenƟal use.

4. Applicable subdivision projects, consistent with the provisions of Division C5 (Subdivision Procedures) Chapter X Parkland DedicaƟon, and SecƟon C5-144 (CalculaƟon of in-lieu fees) of the City of San Ramon Municipal Code.

B. Except as may be expressly provided in this chapter, no building permits or extension of permits relaƟng to the acƟviƟes described in sub-secƟon A of this secƟon shall be granted unless and unƟl the appropriate parkland impact fee has been paid to the city in accordance with the provisions of this chapter or as required by State law.

C. Notwithstanding anything to the contrary set forth in subsecƟon A of this secƟon or in any other provision of this chapter, the parkland impact fee established pursuant to this chapter shall apply to any development project that (1) has heretofore received a residenƟal development approval or permit, whether discreƟonary or nondiscreƟonary, from the city, where the approval of the same

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has been condiƟoned upon payment of a park and recreaƟon facility impact fees; or (2) is subject to a development agreement or other agreement between the landowner and city that requires the payment of a parkland impact fee.

C4-210. – ExempƟons.

A. The following shall be exempted from payment of the parkland impact fee established by this chapter:

1. AlteraƟons, renovaƟons, or expansion of an exisƟng residenƟal building or structure where no addiƟonal dwelling units are created and the use is not changed.

2. The replacement of a destroyed or parƟally destroyed or damaged building or structure with a new residenƟal structure.

4. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined by California Government Code SecƟon 66313, as amended.

C4-211. – Payment of fees.

A. Fees shall be paid proporƟonately as each building permit is issued to create a dwelling unit.

C4-212. – DisposiƟon of fees.

A. Fees shall be paid to the city and shall be deposited into the Parkland trust fund ("the parkland fund"), or its successor. Money in the parkland fund, including accrued interest, shall be expended solely for the purpose as established by this chapter. Collected fees shall be appropriated by the local agency for a specific project to serve residents of the development. The local agency shall appropriate such collected fees in a budgetary year within five years upon receipt of payment or within five years aŌer the issuance of building permits on one-half of the dwelling units created by the development, whichever occurs later.

B. If such fees are not so commiƩed, these fees shall be distributed and paid to the then recorded owners of the development in the same proporƟon that the size of their dwelling unit bears to the total area of all dwelling units in the development.

C. The city shall report to the city council at least annually on income, expenditures and status of the parkland fund.

C4-213 through C4-215. – Reserved.

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SAN RAMON, CALIFORNIA - MUNICIPAL CODE

TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE
DIVISION C5 - SUBDIVISION PROCEDURES[12]
Chapter X - Parkland DedicaƟon[13]
Contents:

C5-141. - Purpose of provisions.

C5-142. - General requirements.

C5-143. - Formula for dedicaƟon of land.

C5-144. - CalculaƟon of in-lieu fees.

C5-145. - Criteria for requiring both dedicaƟon and fee.

C5-146. - DeterminaƟon of land or feefair market value.

C5-147. - DeterminaƟon of land or fee.

C5-1478. - Credit for private open space.

C5-1489. - Payment of fees.

C5-14950. - DisposiƟon of fees.

C5-1501. - ExempƟons.

C5-1512. - Credit for improvements provided by subdivider.

C5-1523. - Conveyance of land or fees.

C5-1534. - Access to streets.

C5-1545. - Change of site.

C5-1556 through C5-160. Reserved. -
Footnotes:
--- (13) ---
Editor's note— Ord. No. 482, § 1, adopted Sept. 11, 2018, repealed former Ch. X, §§ C5-141—C5-155, in its enƟrety and enacted new provisions as herein set out. Former Ch. X pertained to similar subject maƩer an d derived from Ord. No. 406, § 2, adopted Oct. 28, 2008.

C5-141. - Purpose of provisions.

This Chapter is adopted pursuant to the authority granted by SecƟon 66477 of the Government Code of the State of California. The park and recreaƟonal faciliƟes for which dedicaƟon of land and/or payment of

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a fee is required by this chapter are in accordance with the parks and recreaƟon element of the general plan of the city.
(Ord. No. 482, § 1, 9-11-2018)
C5-142. - General requirements.

A. As a condiƟon of approval of a tentaƟve subdivision map, the subdivider shall be required to dedicate land, pay a fee in lieu thereof, or both, for neighborhood and community park or recreaƟonal purposes at the Ɵme and according to the standards criteria and formula contained in this chapter. The condiƟon shall be determined by the advisory agency review authority aŌer considering the recommendaƟon of the parks and community services director and/or the parks and community services commission.

B. The San Ramon 2035 2040 General Plan establishes a standard guideline for funcƟonal public parkland of six and one-half acres per one thousand residents, at General Plan buildout.

Government Code SecƟon 66477 limits the ability of the city in approving a tentaƟve subdivision map to requiring dedicaƟon of land, payment of in-lieu fees, or a combinaƟon of both, to the amount necessary to provide three acres per one thousand persons unless exisƟng park area within the city exceeds that standard threshold in which case a higher standard calculaƟon not to exceed five acres per one thousand persons may be applied. FuncƟonal Public parkland within the City of San Ramon exceeds the threefive acres per one thousand persons threshold. Accordingly, the formula for dedicaƟon of land and the calculaƟon of in-lieu fees set forth in this chapter shall be based upon the standardcalculaƟon of providing 4.91 acres of funcƟonal public parkland for each one thousand persons.
(Ord. No. 482, § 1, 9-11-2018)
C5-143. - Formula for dedicaƟon of land.

A. Where a park or recreaƟon facility has been designated in or is consistent with policies and standards in the parks and recreaƟon element of the general plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relaƟonship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the formula set out in subsecƟon B of this secƟon.

B. The formula for determining acreage to be dedicated shall be as follows:

A = 4.91xN/1,000
Where "A" is the park area required to be dedicated in acres and "N" is the average number of persons per household or Equivalent Dwelling Unitunit (a measurement of residenƟal unit that standardizes different types of development based on their anƟcipated demand for parks or other services) as defined in the applicable Nexus Fee Study methodology (2.61 person persons per Equivalent Dwelling Unit for 2026 Nexus Study.))"most recent available federal census or a census taken pursuant to Chapter 17 (commencing with SecƟon 40200) of Part 2 of Division 3 of Title 4." (Government Code SecƟon 66477(a)(2).)
For purposes of calculaƟng the land dedicaƟon requirement, persons per mulƟ-family and per single-family household are esƟmated at 2.11 and 3.21, respecƟvely, based on 5-year American CommuniƟes Survey of 2012.

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Single Family Units 687 sq. Ō. of land
MulƟ-Family Units 451 sq. Ō. of land
As more recent census data becomes available, the planning director may compute the dedicaƟon requirement using the most recent available census data as sƟpulated herein.

C. TThe dedicated land shall be delivered to the city as an improved parcel conforming primarily to the off-site improvements required for the subdivision. Offsite improvements essenƟal to the acceptance of land for dedicaƟon include but are not limited to:

1. Full street improvements and uƟlity connecƟons including, but not limited to street paving, traffic control devices, street trees, street lighƟng, curb, guƩer and sidewalk to land which is dedicated pursuant to the provisions of this chapter.

2. Fencing along the property line of that porƟon of the subdivision conƟguous to the dedicated land.

3. Extension of uƟlity lines.

4. Improved drainage through the site.

5. The provision of other minimal improvements which the city council determines to be essenƟal to the acceptance of land for residenƟal purposes.

D. For the purpose of this secƟon, the number of new dwelling units shall be based upon the number of parcels indicated on the approved tentaƟve map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone.

E. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed. (Ord. No. 482, § 1, 9-11-2018)
C5-144. - CalculaƟon of in-lieu fees.

A. General Formula. If the review authority advisory agency determines that dedicaƟon of land is not appropriate, the subdivider shall, in lieu of dedicaƟng land, pay a fee equal to the land value of the porƟon of a local park required to serve the needs of residents of the proposed subdivision as prescribed in SecƟon C5-143the parkland impact fee and the associated rate in the Nexus Fee Study established by the San Ramon Municipal Code Division C4, Chapter XIV (Parkland Impact Fee). The fee shall be computed in accord with the formula set forth in SubsecƟon D below.

B. Fees In Lieu of Land—FiŌy Parcels or fewer. If the proposed subdivision contains fiŌy parcels or fewer, the subdivider shall pay a fee equal to the land value of the porƟon of the local park required to serve the needs of residents of the proposed subdivision as prescribed in SecƟon C5-143 of this chapter and in an amount determined in accordance with the provisions of subdivision D of this secƟon. the parkland impact fee and the associated rate in the Nexus Fee Study established by the San Ramon Municipal Code Division C4, Chapter XIV (Parkland Impact Fee). However, nothing in this secƟon shall prohibit the dedicaƟon and acceptance of land for park and recreaƟon purposes in subdivisions of fiŌy parcels or fewer where the subdivider proposes such dedicaƟon voluntarily and the land is acceptable to the review authorityadvisory agency and city council.

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C. Use of Money. The money collected hereunder shall be held in the city's Parkland Trust Improvement Fund and shall be used only for the purpose of acquiring necessary land and developing new, or rehabilitaƟng exisƟng, park or recreaƟonal faciliƟes reasonably related to serving the subdivision or greater San Ramon community.

D. When a fee is to be paid in lieu of land dedicaƟon, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedicaƟon pursuant to SecƟon C5-143, referred to in SecƟon C5-143(C) of this chapter plus two percent for administraƟon cost. The fee computaƟon shall assume based on the fair market value of buildable land as determined by SecƟon C5-146. For the purposes of this chapter, "buildable land" is defined as typical subdivision acreage, with a slope of less than fiŌeen percent, and located in other than an area on which building is excluded because of flooding, easements or other restricƟons.

In-Lieu Fee
Single Family Units Appraised Value of 687 sq. Ō. of land × 1.02 MulƟ-Family Units Appraised Value of 451 sq. Ō. of land × 1.02 (Ord. No. 482, § 1, 9-11-2018)
C5-145. - Criteria for requiring both dedicaƟon and fee.

If for any reason, the review authority advisory agency determines on a subdivision of more than fiŌy parcels that only a porƟon of the land otherwise required to be dedicated under SecƟon C5-143 be actually dedicated, the value of the addiƟonal land shall be paid through an in-lieu fee computed in accordance with the parkland impact fee and the associated rate in the Nexus Fee Study established by the San Ramon Municipal Code Division C4, Chapter XIV (Parkland Impact Fee).SecƟon C5144. (Ord. No. 482, § 1, 9-11-2018)
C5-146. - DeterminaƟon of fair market value.

A. The fair market value shall be determined by the planning director with a wriƩen appraisal report prepared and signed by an appraiser acceptable to the city. The appraisal shall be made immediately prior to the filing of the final map, and the cost of the appraisal shall be paid for by the subdivider. The subdivider shall noƟfy the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to filing of the final map, the city will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. For the purposes of this chapter, the determinaƟon of the fair market value of buildable land, as defined in SubsecƟon C5-144(D) of this chapter shall consider, but not necessarily be limited to, the following:

1. Approval of and condiƟons of the tentaƟve subdivision map;

2. The general plan;

3. Zoning;

4. Property locaƟon;

5. Off-site improvements facilitaƟng use of the property, if any; and

6. Site characterisƟcs of the property.

B. At any Ɵme prior to final map approval, the subdivider may appeal the determinaƟon of fair market value to the city council.

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(Ord. No. 482, § 1, 9-11-2018)
C5-1476. - DeterminaƟon of land or fee.

Whether the city council review authority requires land dedicaƟon or elects to require payment of a fee in lieu thereof, or a combinaƟon of both, shall be determined by consideraƟon of the following:

A. The natural features, access and locaƟon of land in the subdivision available for dedicaƟon.

B. The size and shape of the subdivision and land available for dedicaƟon.

C. The feasibility of dedicaƟon.

D. The compaƟbility of dedicaƟon with the general plan of the city.

E. The locaƟon of exisƟng and proposed park sites and trailways.

The determinaƟon of the city council review authority as to whether land shall be dedicated or whether a fee shall be charged, or a combinaƟon thereof, shall be final and conclusive. (Ord. No. 482, § 1, 9-11-2018)
C5-1487. - Credit for private open space.

No credit shall be given for private open space in the subdivision except as hereinaŌer provided. Where private open space usable for acƟve recreaƟonal purposes is provided in a proposed common interest development as defined in Civil Code SecƟon 1351, parƟal credit, in an amount not to exceed fiŌeen percent, shall be given against the requirement of land dedicaƟon or payment of fees in lieu thereof if the review authority advisory agency finds that it is in the public interest to do so and that all the following standards criteria are met:

A. Yards, court areas, setbacks and other open areas required by the zoning and building ordinances and regulaƟons shall not be included in the computaƟon of such private open space.

B. Private park and recreaƟon faciliƟes shall be owned by a homeowners' associaƟon composed of all property owners in the subdivision and being an incorporated nonprofit organizaƟon capable of dissoluƟon only by a one hundred percent affirmaƟve vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automaƟcally a member, and each lot is subject to a charge for proporƟonate share of expenses for maintaining faciliƟes.

C. Use of the private open space is restricted for park and recreaƟon purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor.

D. The proposed private open space is reasonably adaptable for use for park and recreaƟon purposes, taking into consideraƟon such factors as size, shape, topography, geology, access and locaƟon.

E. FaciliƟes proposed for the open space are in substanƟal accordance with the provisions of the parks and recreaƟon element of the general plan.

F. The open space for which credit is given is generally a minimum of three acres and provides one or more of the local park basic elements listed in this subsecƟon, or a combinaƟon of such other recreaƟon improvements that will meet the specific recreaƟon needs of future residents of the area as determined by the review authorityadvisory agency:

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1. RecreaƟonal open spaces, which are generally defined as park areas for acƟve recreaƟon pursuits such as soccer, golf, baseball, soŌball and football and have at least one acre of maintained turf with less than a five percent slope.

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games.

3. RecreaƟon swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or bathhouses, or other faciliƟes developed and used exclusively for swimming and diving and consisƟng of no less than fiŌeen square feet of water surface area for each three percent of the populaƟon of the subdivision with a minimum of eight hundred square feet of water surface area per pool together with adjacent deck and/or lawn area twice that of the pool.

4. RecreaƟon buildings and faciliƟes designed and primarily used for the recreaƟonal needs of residents of the development.

5. Trailheads and trails that connect neighborhoods, and are accessible to the public. (Ord. No. 482, § 1, 9-11-2018)
C5-1498. - Payment of fees.

Fees shall be paid proporƟonately as each building permit is issued. (Ord. No. 482, § 1, 9-11-2018)
C5-15049. - DisposiƟon of fees.

Fees determined pursuant to SubsecƟon C5-144(D) of this chapter shall be paid to the city treasurer and shall be deposited into the parkland trust improvement fund (“the parkland fund”) or its successor. Money in the parkland fund, including accrued interest, shall be expended solely for acquisiƟon or development of park land, or improvements related thereto. Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years aŌer the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

If such fees are not so commiƩed, these fees shall be distributed and paid to the then recorded owners of the subdivision in the same proporƟon that the size of their lots bears to the total area of all lots in the subdivision.

The city treasurer shall report to the city council at least annually on income, expenditures and status of the subdivision Parkland Improvement Fund.
(Ord. No. 482, § 1, 9-11-2018)
C5-1510. - ExempƟons.

A. Subdivisions containing four or fewer parcels and not used for residenƟal purposes shall be exempted from the requirements of this chapter; provided, however, that a condiƟon shall be placed on the approval of such parcel map that if a building permit is requested for construcƟon of a residenƟal structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condiƟon to the issuance of such permit.

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B. The provisions of this chapter do not apply to commercial or industrial subdivisions, nor do they apply to condominium projects or stock cooperaƟves which consist of the subdivision of airspace in an exisƟng apartment building which is more than five years old and when no new dwelling units are added.
(Ord. No. 482, § 1, 9-11-2018)
C5-1521. - Credit for improvements provided by subdivider.

The value of park and recreaƟon improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedicaƟon of land required by this chapter. The city council reserves the right to approve such improvements prior to agreeing to accept the dedicaƟon of land and to require in lieu fee payments should the land and improvements be unacceptable. (Ord. No. 482, § 1, 9-11-2018)
C5-1532. - Conveyance of land or fees.

Land or fees required under this chapter shall be conveyed or paid directly to the local public agency which provides park and recreaƟonal services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the Ɵme of tentaƟve map approval, the review authority advisory agency shall determine whether the city is the appropriate local public agency. The city, county or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to SecƟon 66477 of the Government Code specifying how, when and where it will use the land or fees, or both, to develop park or recreaƟonal faciliƟes to serve the subdivision or greater San Ramon community.
(Ord. No. 482, § 1, 9-11-2018)
C5-1543. - Access to streets.

All land offered for dedicaƟon to local park or recreaƟonal purposes shall have access to at least one exisƟng or proposed public street. This requirement may be waived by the review authority advisory agency if the review authority advisory agency determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. (Ord. No. 482, § 1, 9-11-2018)
C5-1554. - Change of site.

If during the ensuing Ɵme between dedicaƟon of land for park purposes and commencement of firststage development, circumstances arise which indicate that another site would be more suitable for local park or recreaƟonal purposes serving the subdivision and the neighborhood (such as receipt of a giŌ of addiƟonal park land or a change in school locaƟon), the land may be sold upon the approval of the city council with the resultant funds being used for purchase of a more suitable site. (Ord. No. 482, § 1, 9-11-2018)
C5-1565 through C5-160. Reserved. -

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San Ramon City CouncilMarch 10, 2026

San Ramon City Council
March 10, 2026