Beaumont Municipal Code Ch. 3.34 Regional Park, Multipurpose Trail and Open Space Facility Fee

The residents of the City of Beaumont are presently served by two regional parks, Noble Creek Park and the City of Beaumont Sports Park. Both parks are presently operating at capacity serving existing residents. The City Council has been advised that the cumulative impact of all new development permitted under the General Plan will exceed the capacity of the two regional parks. In order to meet the increased demand, facilities at the two parks must be upgraded and expanded, and two new regional parks are needed on the east and south sides of the City, connected to existing and future open space by a system of multipurpose trails.

(Ord. No. 886, § 1, 9-20-05)

For the purposes of this Chapter, the following term shall have the meanings indicated in this section:

"Developer" means an individual or entity submitting an application for a building permit or other entitlement for development.

"Development" means:

1. A new residential unit, including conversion of an existing unit to more than one residential unit.

"Facility fee" means the Regional Park, Multipurpose Trail and Open Space Facility Fee developed pursuant to the "City of Beaumont Regional Park, Multipurpose Trail and Open Space Facility Fee Study" dated September 6, 2005, as it may hereafter be amended, and adopted, from time to time, by resolution of the City Council pursuant to Section 3.34.030.

"Fee schedule" means the list of facility fees adopted by resolution of the City Council pursuant to Section 3.34.040 of this Chapter.

"Public facilities" means those certain park, trail and open space facilities identified in that certain "City of Beaumont Regional Park, Multipurpose Trail and Open Space Facility Fee Study" dated September 6, 2005, as it may hereafter be amended, which are necessary to protect the public health, safety and welfare as may be determined by the City Council from time to time and which are not otherwise provided by, or required of new development within the City. Public facilities shall also include architectural, administrative, engineering, legal, planning, environmental, plan check, inspection, surveying, construction management and other services required in connection with the implementation of this Chapter and the construction of the public facilities.

(Ord. No. 886, § 1, 9-20-05)

There is hereby adopted the "City of Beaumont Regional Park, Multipurpose Trail and Open Space Facility Fee" to be levied and collected as provided in this Chapter. The amount of the Facility Fee shall be established, from time-to-time, by resolution of the City Council.

(Ord. No. 886, § 1, 9-20-05)

Except as otherwise expressly provided in this Chapter, the facility fee is payable with respect to each development within the City for which a building permit is issued.

(Ord. No. 886, § 1, 9-20-05)

A. The amount of the facility fee shall be calculated by the Building Department prior to issuance of the building permit, based upon the then-current fee schedule adopted by resolution of the City Council pursuant to this Chapter.

B. In the event a developer does not agree with the calculation of the facility fee by the Building Department, he or she may within five business days of the date of the calculation of the fee appeal the calculation of the fee to the Planning Director.

C. The developer shall be notified in writing of the Planning Director's determination. Such determination shall be made within 30 days of the Planning Director's receipt of the appeal. The developer may provide additional information to assist the Planning Director in making the determination. The developer may appeal the determination of the Planning Director to the City Council in accordance with the provisions of Section 3.34.110 of this Chapter.

(Ord. No. 886, § 1, 9-20-05)

A. The full amount of the fee shall be paid at the time of issuance of the building permit.

B. No City official may issue a building permit, certificate of occupancy, or certify a final inspection for a development until the fee required by this Chapter is paid.

C. The City shall not accept prepayments of the facility fee unless prepayment is authorized in a development or other agreement or is otherwise approved by the City Council.

(Ord. No. 886, § 1, 9-20-05)

If the developer desires to construct a public facility, the developer and the City Council may enter into an agreement regarding a credit or reimbursement of facility fees due or paid.

(Ord. No. 886, § 1, 9-20-05)

Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the facility fee otherwise required by this Chapter:

A. Low income residential housing.

B. The rehabilitation and/or reconstruction of any legal residential dwelling unit and/or the replacement of an existing dwelling unit.

(Ord. No. 886, § 1, 9-20-05)

The fees collected pursuant to this Chapter shall, except for temporary investments or capital expenditures, be placed in the Regional Park, Multipurpose Trail and Open Space Facility Fee Fund and managed to avoid commingling of the fees with operating revenues or other funds of the City, and shall be used solely for the purpose of designing, acquiring and constructing the Public Facilities identified in the Fee Study or other facility adopted as equal in the Capital Improvement Plan. Any interest income earned on the fund shall only be expended for the purposes set forth in this Chapter.

(Ord. No. 886, § 1, 9-20-05)

Refunds may be made where:

A. Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a development for which the facility fee required under this Chapter has been collected; provided that the claim for such a refund is filed no later than 60 days after the expiration date of the building permit or any extension thereof as may have been approved by the City; or

B. A refund is specifically authorized by resolution of the City Council adopted pursuant to Government Code section 66001(d). Such amounts shall be refunded by the City to the then-current record owners of the development on a prorated basis. The City may affect such refund by direct payment, or by providing credit towards future facility fees, or by any other means consistent with the intent of Government Code section 66001.

(Ord. No. 886, § 1, 9-20-05)

A developer may appeal to the City Council any determination made pursuant to this Chapter. All appeals shall be in a form prescribed by the Planning Director and shall be filed within 15 days of the date of determination. Any appeal not filed within such period shall be deemed waived. The City Council shall set the matter for hearing within 45 days of the date of receipt by the City Clerk of the notice of the appeal.

(Ord. No. 886, § 1, 9-20-05)

The facility fee shall expire when the public facilities are completed and all debt service related to such public improvements are paid and satisfied.

(Ord. No. 886, § 1, 9-20-05)

It is the intent of the City Council that the facility fee shall be supplementary to the fees, dedications and conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, the California Environmental Quality Act, and other state laws and City ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon.

(Ord. No. 886, § 1, 9-20-05)

If any sentence, clause, section or part of this Chapter, or any fee imposed upon any person or entity is found to be unconditional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this Chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this Chapter, or its effect on other persons or entities. It is declared to be the intention of the City Council that this Chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part of this Chapter had not been included herein; or had such person or entity been expressly exempted from the application of this Chapter. To this end, the provisions of this Chapter are severable.

(Ord. No. 886, § 1, 9-20-05)