Campbell Municipal Code Ch. 13.08 Park Impact Fees and Park Land Dedication Developments

Footnotes:

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Editor's Note:

1. The provisions of Section Four of Ordinance 1905 shall apply to all developments for which a build- ing permit is issued after the effective date of Ordinance 1905.

2. The provisions of Chapter 20.26 of this code as it existed prior to the effective date of Ordinance 1905 shall apply to all developments for which a building permit was issued prior to the effective date of Ordinance 1905.

This chapter is intended to assist the city to implement the adopted general plan as it pertains to providing parks and open space.

(Ord. 1905 § 4(part), 1994).

The terms used in this chapter shall be defined in Section 20.24.020 of this code; provided, that whenever the definition contains a reference to "this chapter," the reference shall be interpreted as referring to Chapter 13.08 of this code.

(Ord. 1917 § 1, 1995: Ord. 1905 § 4(part), 1994).

(a) Dedication or In-Lieu Fee Requirement. Any developer who proposes to erect or construct any building or structure for which a building permit is required by the city, shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, at the time and according to the standards and formula contained in this chapter, for the establishment and rehabilitation of parks and recreation facilities within the city. Said fee, dedication of land, or both shall be a condition to the issuance of any required building permit for residential construction within the city.

(b) Exclusions. The provisions of this chapter are not applicable to applications for building permits for the following types of construction activity:

(1) Alterations or expansion of an existing legally constructed unit where no additional residential units are created;

(2) Accessory buildings or structures which are not suitable for residential occupancy;

(3) Replacement of a destroyed or partially destroyed building(s) or structure(s) with a new building(s) or structure(s) provided:

(A) The number of replacement units does not exceed the number of destroyed units, or add additional units in excess of the partially destroyed units, and

(B) The destroyed or partially destroyed units were legally constructed units;

(4) Dependent care facilities.

(c) Inapplicability of this Chapter to the Subdivision Map Act. Nothing contained in this chapter shall be construed to apply to the subdivision of land as defined by the Subdivision Map Act of the state of California; nor shall anything contained in this chapter be construed to limit the city's power to require fees or land dedication for park or recreation purposes as a condition of approval of a tentative map or parcel map pursuant to the Subdivision Map Act of the state of California or the city's subdivision ordinance.

(Ord. 1917 § 2, 1995; Ord. 1905 § 4(part), 1994).

The public interest, convenience, health, welfare and safety require that three acres of property be devoted and developed for park and recreational purposes for each one thousand persons currently residing or who may in the future reside within the city, as determined in the open space element of the general plan of the city.

(Ord. 1905 § 4(part), 1994).

(Ord. No. 2254, § 4, 11-19-2019)

(a) Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved for recreation purposes and/or the equivalent fee to be paid shall be as follows:

Example of a single-family dwelling unit:

(b) Mixed Use Developments. Developments which allow residential units mixed on the same parcel or within the same development with nonresidential uses shall dedicate land and/or pay a fee based on the actual number of residential units and unit types.

(Ord. 1905 § 4(part), 1994).

(Ord. No. 2254, §§ 5, 6, 11-19-2019)

For purposes of the formulas set forth in this code, the number of people per dwelling unit, as established by the most recent available federal census, shall be as follows:

Acreage Requirements by Unit Type

(Ord. 1905 § 4(part), 1994).

(Ord. No. 2254, § 7, 11-19-2019)

(a) Recreational Facility Within the Development. Where a park or recreational facility has been designated in the open space element of the general plan of the city, and is to be located in whole or in part within the proposed development to serve the immediate and future need of the residents of the development, the developer shall dedicate land for a park and provide park improvements sufficient to serve the residents of the development.

(b) No Recreational Facility Within the Development. If there is no park or recreational facility designated in the open space element of the general plan to be located in whole or part within the proposed development, the city may either require dedication and improvement of land for park use and/or payment of a fee in lieu of dedicating land and providing improvements.

(c) Partial In-Lieu Fee Payment. Payment of an in-lieu fee shall be required for any development that does not dedicate sufficient land to satisfy the requirements of Section 13.08.050. The difference between the dedication standard and the amount of land dedicated shall be paid as an in-lieu fee as defined in this chapter. When a full or partial fee is required, the park acreage standard not satisfied by land dedication, shall be multiplied times the cost of land and improvements in accordance with Section 20.24.080 to determine the amount of the fee.

(d) No Criteria. If no criteria or specific sites for parks have been identified in the open space element of the city's general plan, the city council shall determine whether to require dedication of land, or payment of an in-lieu fee based on the factors outlined in Section 20.24.070(e) of this code.

(e) Land Dedication Satisfying the Requirement. If unimproved land is dedicated in lieu of providing the park improvements required by this chapter, the developer shall dedicate sufficient additional land of equivalent value to the value of the improvements that would otherwise have been required, or pay an equivalent fee, at the discretion of the city council.

(f) Council Determination. The determination of the city council as to whether land shall be dedicated or a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. 1905 § 4(part), 1994).

Where payment of an in-lieu fee is required to be paid for park purposes, the amount of such fee shall be established as required in Section 20.24.080 of this code using the acreage requirements of this chapter.

(Ord. 2058 § 1(part), 2005: Ord. 1905 § 4(part), 1994).

(a) Dedicate or Pay Fee Prior to Building Final. Any new development adding residential units shall dedicate the land or pay the fee required by this chapter, on or before the final inspection or issuance of certificate of occupancy, whichever comes first, for any of the units within the development.

(b) Applicable Number of Persons Per Unit. The fee and/or dedication shall be calculated in accordance with the adopted "number of persons per unit" and the value of land and improvements in effect at the time the land is dedicated or the fee is paid.

(Ord. 1905 § 4(part), 1994).

The revenue raised by payment of the fees or dedication of land imposed by this chapter shall be used for the acquisition, improvement or expansion of parks and recreational facilities of the city, to provide the parks and park improvements specified in the Campbell general plan.

(a) Deposit Fees in Special Account. All fees collected shall be properly identified and promptly transferred for deposit in the special fund created in Section 20.24.100 of this code.

(b) Finding Regarding Uncommitted Funds. The city council shall make a finding each fiscal year, prior to September 1st, based upon the recommendation of the city manager or his/her designee, with respect to any portion of the fee remaining uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

(c) Refunds. Except as provided in subsection (d) of this section, the city shall refund to the then current record property owner or owners of lots or units of the development project or projects on a prorated basis the uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to subsection (b) of this section.

(d) Allocating Revenues for Other Related Purposes. If the administrative costs of refunding unexpended or uncommitted revenues pursuant to subsection (c) of this section exceed the amount to be refunded, the city, after a public hearing, notice of which has been published pursuant to Section 6061 of the California Government Code and posted in three prominent places within the area of the development project, may determine that revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and which serves the project on which the fee was originally imposed.

(e) Use of Dedicated Land. Land dedicated pursuant to this chapter shall be used to provide the parks and park improvements specified in the general plan of the city.

(Ord. 1905 § 4(part), 1994).

Credits against the park dedication requirements shall be granted for any of the following:

(a) Dedications and Improvements From a Subdivision. Any dedication of land and construction of improvements or payment of fees pursuant to Chapter 20.24 of this code shall be credited against any dedication of land or construction of improvements or equivalent fees required under this chapter.

(b) Existing Units in Development Projects. Existing legally constructed units shall be counted as a credit against the fee or dedication requirements applicable to developments at the density rate of the existing dwellings, up to a maximum of one hundred percent of the park land obligation. For instance, a single-family home on greater than a six thousand square foot lot, removed to construct a new apartment development, shall be credited at the fee rate for single-family densities.

(c) Credits for Private Open Space. Credits for private open space provided on-site shall be granted in the same manner as described in Section 20.24.110 (b) of this code.

(Ord. 1905 § 4(part), 1994).

(a) Appeal for Reduction or Adjustment. The developer of a project subject to a dedication or fee pursuant to this chapter may appeal to the city council for a reduction or adjustment to that requirement, or a waiver on any of the following grounds:

(1) The absence of any reasonable relationship between the need for the park facilities and the impacts of the development;

(2) The absence of a reasonable relationship between the fees use and the impacts of the development;

(3) The determination of the fair market value of commercial or residential property or recreational facilities in the city by the city manager or his/her designee is unreasonable, as applied to the applicant's development or property;

(4) The credits provided in Section 13.08.110 have not been properly applied;

(5) Any of the grounds set forth in subsections (a) or (b) of Section 20.24.120 of this code.

(b) Waivers are Cumulative. The waivers provided herein are cumulative, and do not supersede or supplant one another, provided however that the total of such credits, waivers and exemptions shall not exceed the fee or dedication required by this chapter.

(c) Timing of Request for Waiver or Appeal. The request for waiver or appeal shall be made in writing to the city clerk not later than ten days after the final inspection or issuance of a certificate of occupancy, whichever comes first, for the first unit in the development. The written request for waiver or appeal shall state in detail the factual basis for the claim of waiver or reduction.

(d) Appeal or Waiver Hearing. The city council shall consider the application for waiver or appeal at a hearing held within sixty days after the filing of a written request. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use or number of parcels within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. 1905 § 4(part), 1994).

The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare.

(Ord. 1905 § 4(part), 1994).

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. 1905 § 4(part), 1994).