Anderson Municipal Code Ch. 15.36 Construction Fees

For each single-family or duplex unit, the corporation yard and police facility improvement fee shall be one thousand two hundred eighty-three dollars.

For each multifamily complex or mobilehome park, the corporation yard and police facility improvement fee shall be four hundred fifty dollars for each dwelling unit or pad.

For hotels and motels and all nonresidential construction, the corporation yard and police facility improvement fee shall be one dollar and seventy-two cents for each square foot of floor area of construction.

(Ord. 751 § 1, 2007: Ord. 734 § 1, 2005: Ord. 453 § 1, 1981: Ord. 436 § 1(3), 1980: Ord. 415 § 1(A), 1978: Ord. 405 § 1 (part), 1978)

For all single-family and duplex residential construction, the storm drain capital improvement fee shall be one hundred fifty-three dollars per unit base, plus thirty-one cents per square foot of floor area, including garage or carport.

For all multifamily residential [construction], the storm drain capital improvement fee shall be thirty-one cents per square foot of impervious surface construction.

For all mobilehome parks, the storm drain capital improvement fee shall be two hundred nine dollars for each mobilehome, unit or pad.

For all nonresidential construction, the fee shall be thirty-one cents per square foot of impervious surface construction.

The fees shall be collected by the city and paid by the developer not later than issuance of the certificate of occupancy, and shall be placed in a designated special drainage capital improvement fund.

(Ord. 739 § 1 (part), 2006: Ord. 733 (part), 2005: Ord. 451 § 1, 1981: Ord. 436 § 1(4), 1980: Ord. 419 § 1, 1979: Ord. 415 § 1(B), 1978: Ord. 405 § 1 (part), 1978)

(Ord. 758, § VI, 2009)

The director of public works may recommend to the city council that the city accept, in lieu of the payment of all or a portion of the fees required by this chapter, the construction and dedication to the city of public facilities which are determined to be beneficial to the city as a whole, or to sections of the city outside the project area, which is subject to payment of the fees. The council may, in its sole discretion, accept or reject the in-lieu construction.

(Ord. 415 § 1(C), 1978)

The city council makes the following findings and determinations required by California Government Code Section 66001 in regard to the park capital improvement fees assessed and levied pursuant to the provisions of this chapter:

A. The city council finds that the presence of park facilities within the city contributes significantly to the beauty and ambience of the city and to the physical health and emotional well-being of its residents. The city council also finds that new residential development occurring within the city will create a need for the acquisition and development of additional park facilities within the city in that the city's existing park facilities are insufficient in number, size, location and the kinds of recreational opportunities which they present to meet the park and recreational needs of both the existing residents of the city plus those additional residents of the city who eventually inhabit such new residential development. In particular, the city council, based on the general plan, finds that new residential development occurring within the city will create the need for at least three acres of neighborhood and community park facilities, developed primarily for active recreational pursuits, for every one thousand new residents who eventually inhabit such new residential development. By reason of the foregoing, the city council determines that there is a reasonable relationship between the need for the park facilities to be funded with the park capital improvement fees provided for by this chapter and the residential development upon which such fees are imposed.

B. The city council finds that all revenues from the park capital improvement fees assessed and levied on new residential development pursuant to the provisions of this chapter will be used for the acquisition and development of additional park facilities within the city which will meet the need for such facilities caused by such new residential development. In particular, the city council finds that in accordance with the provisions of this chapter, all revenues from the park capital improvement fees assessed and levied on new residential development pursuant to the provisions of this chapter must be deposited in the park capital improvement fee fund and thereafter appropriated by the city council for the acquisition and development of either neighborhood park facilities or community park facilities of benefit to the persons residing in the residential development upon which the fees are imposed. By reason of the foregoing, the city council determines that there is a reasonable relationship between the use of the park capital improvement fees provided for by this chapter and the residential development upon which such fees are imposed.

C. The city council finds that the park capital improvement fees assessed and levied on new residential development pursuant to the provisions of this chapter will not exceed that which is necessary to fund the park facilities attributable to the new residential development upon which the fees are imposed. In particular, the city council finds that in accordance with the provisions of this chapter the park capital improvement fees assessed and levied on new residential development will be equal to that amount necessary to fund the three acres of neighborhood and community park facilities heretofore found to be necessary for every one thousand new residents which eventually inhabit such new development. By reason of the foregoing, the city council determines that there is a reasonable relationship between the amount of the park capital improvement fees provided for by this chapter and the cost of the park facilities attributable to the new residential development upon which the fees are imposed.

(Ord. 574 § 1 (part), 1990)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. "Community park facilities" means any park facilities, which are intended to serve the recreational needs of all of the residents and other inhabitants of the city.

B. "Dwelling unit" means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together as a family.

C. "Neighborhood park facilities" means any park facilities which are intended to serve the recreational needs of only a portion of the residents and other inhabitants of the city.

D. "Park facilities" or "park facility" means parkland and all improvements to such land and the adjoining rights-of-way which are determined necessary for the development and use of the land for park and recreational purposes.

(Ord. 574 § 1 (part), 1990)

A park capital improvement fee shall be assessed and levied upon any owner of real property located in the city adding one or more new dwelling units to such property incident to the alteration or construction of a new building on the property or incident to the construction of an addition to an existing building on the property, or the change in use of a nonresidential building on the property to a residential use.

(Ord. 574 § 1 (part), 1990)

Basic Park Capital Improvement Fees. The amount of the park capital improvement fee assessed and levied pursuant to the provisions of this chapter upon an owner of real property adding one or more dwelling units to such property shall be equal to the total number of dwelling units being added to the property multiplied by the park capital improvement fee per dwelling unit established by resolution of the city council based on the following:

A. The cost per person of developing a three-acre park facility for every one thousand new residents in the city, as determined, whenever possible, from the most recent park facilities acquired and developed by the city; multiplied by

B. The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 17 of the California Government Code (commencing with Section 40200).

(Ord. 574 § 1 (part), 1990)

Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of any tentative map or tentative parcel map for a subdivision, the owner of any lot or other parcel of real property within the subdivision adding one or more dwelling units to such lot or parcel shall be entitled to a credit against the park capital improvement fee assessed and levied pursuant to the provisions of this chapter which is equal to the total number of such dwelling units multiplied by a credit per dwelling unit calculated from the following:

A. The average cost of acquiring a one acre parcel of undeveloped parkland which is located in the incorporated territory of the city and which adjoins a public street improved in a manner required by the design criteria and improvement standards adopted, established by resolution of the city council; multiplied by

B. The total number of acres of parkland which was dedicated to the city as a condition of approval of a tentative map or tentative parcel map for the subdivision; divided by

C. The total number of residential dwelling units which could be constructed within the subdivision under the zoning ordinances in effect on the date the park facility fee is paid.

(Ord. 574 § 1 (part), 1990)

Notwithstanding any provisions of this chapter to the contrary, a park capital improvement fee shall not be assessed and levied upon an owner of real property located in the city adding one or more dwelling units to such property under the following circumstances:

A. Where the dwelling unit is within a building owned by a governmental agency; or

B. Where the dwelling unit is within a building which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the number of dwelling units in such reconstructed building is no greater than the number of dwelling units in the building prior to such damage, destruction or demolition.

(Ord. 574 § 1 (part), 1990)

If on July 1st following the city council's adoption of a resolution establishing the amount of the park capital improvement fee to be assessed and levied pursuant to the provisions of this chapter, or on July 1st of any year thereafter, there has been an increase in the cost of acquiring and/or developing park facilities within the incorporated territory of the city, the city council shall increase such fee, as well as any fee credit, in an amount proportional to the increase in such costs. The determination of whether there has been an increase in the cost of acquiring and/or developing park facilities within the incorporated territory of the city and the amount of the increase in the park capital improvement fees or fee credit which is proportional to the increase in such costs, shall be made by the city council based on the following:

A. The determination of whether there has been an increase in the cost of developing park facilities and the amount of increase in the park capital improvement fees or fee credit which is proportional to the increase in such cost, shall be based on the net percentage increase in the Engineering News Record cost index for San Francisco (based on 1913 U.S. average 100) as last published in the Engineering News Record McGraw Hill Construction Weekly between the date of such increase and the effective date of the ordinance codified in this chapter or any prior increase in the park capital improvement fees made pursuant to the provisions of this section.

B. The determination of whether there has been an increase in the cost of acquiring parkland and the amount of the park capital improvement fee or fee credit which is proportional to such increased cost shall be based on the best available data pertaining to increases in the price of land in the incorporated territory of the city between the date of such increase and the effective date of this section or any prior increase in the park capital improvement fees made pursuant to the provisions of this section.

(Ord. 574 § 1 (part), 1990)

The park capital improvement fee assessed and levied pursuant to the provisions of this Chapter upon the owner of property adding one or more dwelling units to such property shall be due upon the issuance of a building permit for the construction of any new building in which such dwelling unit is to be located or the alteration or construction of an addition to any existing building in which such dwelling unit is to be located and payable not later than issuance of the certificate of occupancy.

(Ord. 574 § 1 (part), 1990)

(Ord. 758, § VII, 2009)

Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. Said fees may also be used for the development of recreational areas and facilities on public school grounds which provide desirable recreational areas and facilities on public school grounds which provide desirable recreational sites and immediate access to public streets.

(Ord. 574 § 1 (part), 1990)

Any park capital improvement fees collected shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. 574 § 1 (part), 1990)

Editor's note— Ord. 758, § VIII, adopted in 2009, deleted § 15.36.130, which pertained to interest on unpaid fees and derived from Ord 574, § 1 (part), adopted in 1990.