Camarillo Municipal Code Ch. 16.52 Park Impact Fees

New residential construction and new and expanded non-residential construction within the city will create an increased need recreation and park services. The General Plan Recreation Element identifies a parkland calculation of 2.5 acres of neighborhood parks and 2.5 acres of community parks per one thousand residents. The Pleasant Valley Recreation and Park District provides recreational and park services to the city in order to achieve the combined threshold of five acres of parkland per one thousand residents. Chapter 18.30 provides for the collection of park impact fees, but is limited to collecting fees only for residential subdivisions. As the city experiences growth through new residential development not subject to a subdivision and expanded non-residential development, there will be an increase in demand for and users of recreation and park facilities without a means to fund new facilities and expanded services. The purpose of this chapter is to impose on new residential construction, not subject to a subdivision, and new or expanded non-residential construction within the city, fees sufficient to provide adequate recreation and park facilities and services for the city.

(Ord. No. 1180, § 3, 6-23-2021)

For the purposes of this chapter, the following words and phrases have the meanings respectively ascribed to them below.

"District" means the Pleasant Valley Recreation and Park District.

"Mitigation Fee Act" means the statutory procedures for establishing development impact fees, as set forth in Government Code section 66000 and following.

"Public facilities" means recreational facilities, paved trails, and parkland as identified by the district.

"Park impact fee" or "fee" means a monetary exaction, other than a tax or a special assessment, that the city imposes in connection with the approval of a development project to defray all, or a portion of, the cost of public facilities related to the development project on behalf of district.

(Ord. No. 1180, § 3, 6-23-2021)

Fees are hereby authorized to be established in amounts to be set by resolution by the city council, on a per unit basis for single-family homes, multi-family homes, and mobile homes; and on a per square foot basis for retail/commercial, office, and industrial.

(Ord. No. 1180, § 3, 6-23-2021)

The fees established pursuant to this chapter must be paid by the developer or the developer's agent to the district prior to the issuance of any building permit.

(Ord. No. 1180, § 3, 6-23-2021)

Unless otherwise revised by resolution of the city council, the fees established pursuant to this chapter will be adjusted automatically on an annual basis beginning on the first day of April, based on the annual percentage increase, if any, in the March ENR (Engineering News-Record) Index, or its successor publication, over the prior calendar year.

(Ord. No. 1180, § 3, 6-23-2021)

A. If construction of a development project has not commenced before the expiration of the building permit that would have enabled the applicant to proceed with construction, then a fee payer may seek a refund. The refund of the fees paid as a condition imposed pursuant to this chapter for the issuance of such permit will include the interest accumulated in conjunction with the fee.

B. For requests for refunds, the fee payer must submit written request to the department of community development for such a refund within thirty calendar days of the expiration of the permit. The department of community development will review the request and notify the district to provide a refund to the fee payer.

(Ord. No. 1180, § 3, 6-23-2021)

A fee credit may be given for the following circumstances:

A. Demolished existing residential dwelling units or demolished non-residential building square footage as part of a new development project.

B. If a developer dedicates land or builds specific public facilities under a turn-key agreement with the district, the fee imposed on that development project may be adjusted to reflect a credit for the land or public facilities constructed up to a one hundred percent credit.

(Ord. No. 1180, § 3, 6-23-2021)

The following are exempted from payment of the fee:

A. Development projects for which the district has received a land dedication or in-lieu fees under Chapter 18.30.

B. A structure owned by a governmental agency.

C. An accessory dwelling unit.

D. Any remodeling and/or expansion of a single-family dwelling unit, if the unit remains a single-family dwelling unit.

E. Any residential unit for lower income households as defined in Section 50079.5 of the California Health and Safety Code.

F. Projects with active entitlements issued prior to the effective date of the original adoption of this chapter. When entitlements granted prior to the effective date of this chapter expire, the project will not be eligible for any fee exemption.

G. Council modifications. The city council may, upon written request from the developer, modify the fee for residential units for moderate income households as defined in Section 50093(b) of the California Health and Safety Code. The city may require the developer or applicant to enter into an appropriate agreement with the city, guaranteeing the affordability and use of the units.

(Ord. No. 1180, § 3, 6-23-2021)

The city will impose the fees and the district will collect and administer the fees pursuant to a written memorandum of understanding between the city and the district. The memorandum of understanding must clearly define the rights and duties of each party and must provide for the district to defend, indemnify and hold the city, its officers, agents and employees harmless from and against any and all liability, loss, damage, claims, judgments, costs, staff time, losses, expenses and any other costs of defense arising out of, resulting from, or related to the creation, establishment, modification, and imposition of such fees or any other obligation of district or city under the agreement impose such fees in compliance with the Mitigation Fee Act. The district must ensure that all fees collected or expended will comply with the requirements of the Mitigation Fee Act.

(Ord. No. 1180, § 3, 6-23-2021)