Chapter 15.08 — PARK AND CIVIC FACILITIES DEVELOPMENT IMPACT FEES

This chapter has been enacted for the purpose of establishing development impact fees

for parks and civic facilities fees to defray the actual costs of constructing improvements to mitigate impacts resulting from proposed new development identified in the American Canyon general plan.

(A) The American Canyon general plan land use element identifies projected build out for the city of American Canyon; and

(B) The parks and recreation element of the general plan identifies the park facility needs of the community at build-out; and

(C) A portion of the land necessary will be dedicated by developers as conditions of subdivision approval while other developers may not have land of sufficient size, configuration, or quality for dedication. Where the payment of a fee is proposed in lieu of dedicating land, it is necessary to have an equitable fee structure in place; and

(D) The public services and facilities element of the general plan identifies the need for a police station, library, and other public facilities necessary to provide the range of services desired by existing and future residents; and

(E) It is the intent of the city council to adopt by this chapter a fair and equitable method of securing the revenues necessary to fund the construction and implementation of necessary parks, civic facilities, and the future general plan update.

Ord. 98-03, 1998

(A) "Civic facilities" include, but are not necessarily limited to, a City Hall, a police station, a corporation yard, a public library, or similar facilities desired to serve the public as more fully described in Exhibit A to the ordinance codified in this chapter.

(B) "Civic facilities fee" means the fee contributed by each land use category as more fully described in Exhibit A to the ordinance codified in this chapter.

(C) "Construction" means the original construction of a new single-family residence, duplex, condominium, townhouse, apartment, restaurant, motel or hotel, industrial use, retail use, commercial use, office use, institutional use, or any other use allowed under the general plan or zoning ordinance.

(D) "Parks" include active and passive public recreation facilities, and can include land, trails, and or buildings or other similar and related improvements.

Ord. 98-03, 1998

The following projects are exempt from the provisions of this chapter:

(A) Development for which a vesting tentative map application has been accepted as complete or has been approved prior to the effective date of the ordinance codified in this chapter;

(B) Capital improvements/buildings related to the operation of the city of American Canyon governmental operations;

(C) Temporary uses less than twelve months in duration;

(D) Replacement development on a one to one basis for residential construction;

(E) Additions to residential units unless a new bedroom is constructed or created as a part of the proposed addition, in which case the fee shall be twenty percent of the adopted fee;

(F) Replacement of commercial units destroyed by fire or natural disaster provided the floor area is not increased.

Ord. 98-03, 1998

(A) A parks and civic facilities fee is imposed on new construction as set forth in this chapter. The fee shall be in accordance with the cost per unit (e.g., dwelling unit, square feet, hotel/motel rooms, etc.) as identified in Exhibit A to the ordinance codified in this chapter and defined in this section.

(B) The city at its sole discretion may adopt revised parks and civic facilities impact fees based on the proportionate effects of inflation or changes to the cost of living. For purposes of calculation, the Engineering News Record 20-City Construction Cost Index shall be used for adjusting said fees. Said adjustments in accordance with this section may be approved by a resolution of the city council.

Ord. 2004-03 § 1, 2004

Ord. 98-03, 1998

The development impact fees set forth in this chapter shall be collected from

new construction prior to issuance of a building permit, and for subdivisions prior to approval of a final map, unless other provisions are adopted as a part of an approved development agreement, or the city council authorizes an alternative to the timing of such fees by resolution.

Ord. 2012-02 § 1, 2012

Ord. 98-03, 1998

(A) The parks fee set forth by this chapter may be reduced by a credit given for construction by a developer of all or a portion of the improvements identified in Exhibit A to the ordinance codified in this chapter and/or other on-site and/or off-site park lands dedicated in excess of the requirements of the city's subdivision ordinance, subject to the approval by the city council in each case.

(B) The amount of the credit for parks fees shall be approved by the city council on recommendation by the community services director.

(C) The civic facilities fee set forth by this chapter may be reduced by a credit given for construction by a developer of all or a portion of the improvements identified in Exhibit A to the ordinance codified in this chapter and/or other on-site and/or off-site civic facilities, subject to the approval by the city council in each case.

(D) The amount of the credit for civic facilities fees shall be approved by the city council, based upon the recommendation of the city manager.

Ord. 98-03, 1998

In the event of change of use in a development for which parks and civic facilities

fees were paid in accordance with this chapter, the city council may require the payment of the difference between the parks and civic facilities fees originally paid and the amount required by this chapter for the new use. The community development director and city engineer shall forward a recommendation to the city council in each case.

Ord. 98-03, 1998

The fees collected pursuant to this chapter shall be held in separate

accounts as deemed appropriate by the finance director and expended solely on the parks and civic facilities identified in this chapter and the future general plan update.

Ord. 98-03, 1998

Where a building permit has expired and no extension has been granted, a refund of fees

paid may be given, provided the claim for refund is made within one year after the expiration date of the building permit.

Ord. 98-03, 1998

The fees required by this chapter shall be supplementary to the fees,

dedications or conditions imposed on a development of new construction pursuant to city approval, or as may be imposed by existing state or local law.

Ord. 98-03, 1998