Burbank Municipal Code Art. 1 Park Facility Development Fee

9-4-1-1101: PURPOSE:

The continued increase in the development of single family and multi-family dwelling units in the City has created a need for the installation of additional park and recreational facilities and the renovation and replacement of existing facilities to serve such dwelling units.

The purpose of this article is to provide for the acquisition, development, renovation, and replacement of park and recreation sites and facilities to serve the future inhabitants of the City by imposing a fee on the construction of all new residential dwelling units within the City.

This ordinance assists in implementing the open space and conservation elements of the City’s General Plan by providing additional and renovated recreational facilities and preserving open space. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1101; Added by Ord. No. 3045; Formerly Numbered Section 7-700; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-701 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1102: DEFINITIONS:

As used in this article unless the context otherwise clearly indicates:

APARTMENT HOUSE: Means a multiple family dwelling where the dwelling units within the dwelling are primarily leased or rented to non- owner occupants.

BEDROOM: Means any room that is designed or intended to be used or is capable of being used as sleeping quarters in whole or in part.

CONDOMINIUM: Means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building constructed originally on such real property as an apartment for occupancy by a tenant or tenants pursuant to a rental or lease agreement. Such estate may, with respect to the duration of its enjoyment, be (1) an estate of inheritance or perpetual estate, (2) an estate for life, or (3) an estate for years, such as leasehold or a subleasehold.

DWELLING, MULTIPLE FAMILY: Means a building or portion thereof designed and used for occupancy by two or more families, all living independently of each other and having separate kitchen and toilet facilities for each family.

DWELLING, SINGLE FAMILY: Means a detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.

DWELLING UNIT: Means one or more rooms in a building designed for use by one family for living, cooking and sleeping purposes. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11- 1102; Added by Ord. No. 3045; Formerly Numbered Section 7-701; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-702 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1103: PARK FACILITY DEVELOPMENT FEE:

A. FEE REQUIREMENT.

There is hereby imposed a parks facility development fee upon each new single family or multi-family dwelling unit constructed in the City of Burbank. The fee shall be imposed regardless of whether a new unit is created by new construction or by the modification of an existing structure if the modification results in the creation of an additional dwelling unit or units on the premises. The fee shall also be imposed on apartment houses for which a park facility development fee has not been paid and which are converted to condominiums on or after November 1, 1986. The development, modification, or conversion of any of above described structures will be permitted within the City only upon payment by the developer of the appropriate park facility development fee.

B. BUILDING PERMIT.

No building permit shall be issued unless in connection therewith the park facility development fee has been paid in accordance with the provisions of this article.

C. BURBANK FEE RESOLUTION.

The Council shall designate in the Burbank Fee Resolution the amount of the Park Facility Development Fee. The fee shall be calculated on the basis of the number of bedrooms included in each dwelling unit. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1103; Added by Ord. No. 3045; Formerly Numbered Section 7-702; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7- 703 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1104: PARK FACILITY FUND:

All fees collected pursuant to this article shall be deposited and held in an appropriate trust account in the Park, Recreation and Community Services Facilities Fund and shall be used exclusively for the acquisition, improvement, expansion, renovation, and replacement of public park, playground and/or recreation facilities, machinery, and other capital-type improvements and for administration, inspection, and engineering costs of the City directly related thereto. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1104; Added by Ord. No. 3045; Formerly Numbered Section 7-703; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-704 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1105: WHEN PAYABLE:

The fees imposed by this article shall be due and payable prior to the issuance of a building permit. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1105; Added by Ord. No. 3045; Formerly Numbered Section 7-704; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-705 and Amended by Ord. No. 3733, eff. 12/21/07.]

9-4-1-1106: APPLICATION:

The provisions of this article shall not be applicable to subdivisions for which tentative maps were applied for and accepted for processing prior to November 1, 1986. [Added by Ord. No. 3797, eff. 12/3/10 and Formerly Numbered 9-1-11-1106; Added by Ord. No. 3045; Formerly Numbered Section 7-705; Renumbered by Ord. No. 3058, eff. 2/21/87; Formerly Numbered 7-706 and Amended by Ord. No. 3733, eff. 12/21/07.]