Chico Municipal Code Art. V Park Facility Fees

A park facility fee is assessed and levied upon the owners of residential property located in the city at the time of the occurrence of any of the following events affecting the improvements to or use of such property:

A. The construction of a new building on the property containing one or more dwelling units;

B. The construction of alterations or additions to an existing building on the property which adds one or more dwelling units to such existing building; or

C. The change in use of an existing building on the property from a previous nonresidential use to a residential use.

(Ord. 1956 §1 (part))

The park facility fee assessed and levied upon the owner of residential property pursuant to the provisions of this chapter incident to the construction of a new building on the property, construction of alterations or additions to an existing building on the property or the change in use of an existing building on the property shall be based on the kind of residential development occurring on the property and the number of new dwelling units being added to the property.

(Ord. 1956 §1 (part))

The amount of the park facility fee assessed and levied upon the owner of residential property pursuant to the provisions of this chapter incident to the construction of a new building on the property, construction of alterations or additions to an existing building on the property or a change in the use of an existing building on the property shall be established by resolution of the city council and shall be equal to the sum of a basic park facility fee and a Bidwell Park land acquisition fee determined and calculated from the most current version of the Development Impact Fee Program fee schedule.

(Ord. 1956 §1 (part), Ord. 2290 §3 (part), Ord. 2521 §20)

A. Adjustment to Basic Park Facility Fee. If, on July first following the city council's adoption of a resolution establishing the amount of the basic park facility fee to be assessed and levied pursuant to the provisions of this chapter, or on July first of any year thereafter, there has been a change in the cost of acquiring and/or developing community park facilities, linear park and greenway facilities, and/or neighborhood park facilities within the city, the city manager, without any further action by the city council, shall adjust the basic park facility fee, and where appropriate, the park facility fee credits hereinafter provided for by this chapter in an amount proportional to the change in such costs. The determination of whether there has been a change in the cost of acquiring and/or developing community park facilities, linear park and greenway facilities, and/or neighborhood park facilities within the city and the amount of the adjustment in the park facility fee or park facility fee credits which is proportional to the change in such costs shall be made by the city manager and shall be based exclusively on the following:

1. The determination of whether there has been a change in the cost of acquiring and developing park facilities other than the cost of acquiring parkland and the amount of the adjustment in the basic park facility fee or basic park facility fee credits which is proportional to the change in such cost, shall be based on the net percentage change during the preceding year in the Engineering News Record Construction Cost Index for San Francisco (based on 1913 U.S. average = 100) as published in the Engineering News Record/McGraw Hill Construction Weekly.

The determination of whether there has been a change in the cost of acquiring parkland and the amount of the basic park facility fee or basic park facility fee credits which is proportional to such changed cost, shall be based on the best available data pertaining to changes in the price of land in the city during the previous year.

B. Adjustment to Bidwell Park Land Acquisition Fee. There shall be no annual adjustment in this fee due to fee calculation only including debt service payments from prior acquisition(s). Fees reflect collection of funds to pay off this debt service only.

(Ord. 1956 §1 (part), Ord. 2290 §4, Ord. 2521 §21, Ord. 2620 §1)

A. When a park facility fee is assessed and levied pursuant to section 3.85.505 for a lot or parcel that was within or part of a subdivision or other development authorization approved by the city on or after January 1, 1988, each of the residential units to be constructed on the lot or parcel is eligible for the following credits which shall be applied to the fee. Note that credits shall only be given for the most intense use dating back to November 4th, 1997, which is the date the city council adopted its first development impact fee program. In the downtown area (as delineated in the General Plan's Downtown Element), credits are allowed for past uses with no time limitation; however, proper documentation of the prior use must be furnished by the applicant if city records do not indicate such use.

1. When dedication of parkland was required without the additional requirement that public rights-of-way, if any, adjacent to the land dedicated be improved with streets, street lights, sidewalks, curbs, gutters and other street facility improvements, the current owner of the lot or parcel is entitled to a credit against the basic park facility fee of the average cost, as established by resolution of the city council, of acquiring a one-acre parcel of undeveloped parkland located in the city, multiplied by the total acreage of the parkland so dedicated, divided by the total number of residential lots created or dwelling units authorized on the property.

2. When dedication of parkland was required with the additional requirement that public rights-of-way adjacent to the dedicated land be improved with streets, street lights, sidewalks, curbs, gutters and other street facility improvements, or that landscaping be installed or park facilities be constructed on the dedicated land, the current owner of the lot or parcel shall be entitled to a credit against the basic park facility fee of the amount calculated pursuant to subsection A.1, above, plus a credit in an amount equal to the lesser of the actual cost of installing such public infrastructure or the average cost, as established by resolution of the city council, of installing public right-of-way infrastructure for one acre of parkland, multiplied by the total acreage of the parkland so dedicated, plus the actual, reasonable cost, if any, of installing the landscaping or constructing the facilities, divided by the total number of residential lots created or dwelling units authorized on the property.

3. When dedication of parkland adjacent to Bidwell Park is required for the purpose of adding the dedicated area to the park, the current owner of the lot or parcel shall be entitled to a credit against the Bidwell Park land acquisition fee of the actual value of the dedicated area, as agreed upon by the city and the person who dedicated the land, at the time the dedication was made, or, if there is no such agreement, as determined by an independent real estate appraiser selected by the city, divided by the total number of residential lots created or dwelling units authorized on the property.

B. When dedication of parkland or other park facilities to the city was required incident to or as a condition of the approval of a subdivision or other development authorization approved by the city prior to January 1, 1988, the city council, by resolution, may establish an equitable credit against the basic park facility fee assessed and levied pursuant to the provisions of this chapter which is applicable to all or any part of the property within such subdivision or development determined by the city council to be specially benefitted by such parkland.

C. The total amount credited against the fee imposed on a parcel or lot shall not exceed the amount of that fee, and the excess of the total of all credits over that fee shall not be transferable to another parcel or be deemed to create a debt or other obligation owed by the city to any person.

D. Where the owner reconstructs a building or constructs a new building located on residential property which contained a building damaged or destroyed by fire or other casualty, the owner of the property shall only be assessed and levied a park facility fee pursuant to this chapter for each additional dwelling unit.

E. Where the owner reconstructs a building or constructs a new building located on residential property which contained a building voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, the owner of the property shall only be assessed and levied a park facility fee pursuant to this chapter for each additional dwelling unit.

F. Where the owner constructs a new building located on residential property which contained a building that was removed by the owner to another property, the owner of the property shall only be assessed and levied a park facility fee pursuant to this chapter for each additional dwelling unit.

(Ord.1956 §1 (part), Ord. 2187, Ord. 2391, Ord. 2521 §22)

Notwithstanding any provisions of this chapter to the contrary, a park facility fee shall not be assessed and levied upon an owner of property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

A. The reconstruction of a building located on residential property which was damaged or destroyed by fire or other casualty, provided that the reconstructed residential building does not contain any additional dwelling units;

B. The reconstruction of a building located on residential property voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, and provided further that any reconstructed residential building does not contain any additional dwelling units;

C. The construction of, expansion of or addition to a publicly owned building, or the commencement of the use of a building for public purposes; provided, however, that where the city constructs, expands or adds to a city-owned building, the city council shall consider the need for any additional park facility improvements caused by such building and, where appropriate, shall construct and install or fund the construction and installation of such park facility improvements; or

D. The construction of a building used primarily for congregate housing of persons who are fifty-five years of age or older.

(Ord. 1956 §1 (part), Ord. 2000 §3, Ord. 2391)

The park facility fees assessed and levied pursuant to the provisions of this chapter shall be due and payable as follows:

A. Where a park facility fee is assessed and levied upon the owner of property located within the city at the time of the construction of a new building on such property or at the time an alteration or addition is made to an existing building on such property, such fee will be due and payable prior to the issuance of a building permit for such new building or alteration or addition to such existing building. For purposes of updates and new fees going into effect, the fees due are those that are in effect at the time in which building plans are submitted. For projects that require a planning entitlement, building plans are able to be submitted after a project approval that has successfully cleared any appeal processes.

B. Where a park facility fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon which does not require a building permit, such fee will be due and payable prior to the issuance of a certificate of occupancy for such change or expanded use;

C. However, where a park facility fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building located thereon which requires neither a building permit nor a certificate of occupancy, then such fee will be due and payable prior to the commencement of the changed or expanded use.

(Ord. 1956 §1 (part), Ord. 2521 §23)

The park facility fee assessed and levied pursuant to the provisions of this chapter upon the owner of property located within the city incident to the construction of a new building or structure on such property, or incident to the construction of alterations or additions to an existing building or structure on the property, may be deferred by the owner of the property under the following circumstances:

A. Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used solely for single-family residential purposes, payment of such park facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date 1 year from the issuance of such building permit, or the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

1. Entered into an agreement with the city undertaking to pay such deferred park facility fee at the time and in the manner provided for by this subsection, which agreement shall be in a form approved by the city attorney and recorded against the property, or provided a letter of credit from a lending institution, in a form approved by the city attorney, which guarantees payment of such deferred fees at the time and in the manner provided for by this subsection; and

2. Paid to the city an additional fee in the amount equal to 2% of the deferred park facility fee as and for the administrative costs to be incurred by the city by reason of such fee deferral.

B. Where the owner of the property is constructing a new building or structure on the property, or constructing alterations or additions to an existing building or structure on the property which is or will be used for multifamily residential purposes or for a nonresidential purpose, payment of such park facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date 1 year from the issuance of such building permit, or the date of the issuance of a certificate of occupancy for the building or structure on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

1. Entered into an agreement with the city undertaking to pay such deferred park facility fee at the time and in the manner provided by this subsection, which agreement shall be in a form approved by the city attorney;

2. Executed a deed of trust securing performance of the property owner's duties and obligations under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust; and

3. Paid to the city an additional fee in an amount equal to two percent of the deferred park facility fee as and for the administrative costs to be incurred by the city by reason of such fee deferral.

C. Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used for single- or multiple-family residences occupied by "persons and families of low or moderate income" as defined by Section 50093 of the Health and Safety Code, and the entire amount of such park facility fee will be financed by a loan made to the owner or developer of the property by the city, payment of the park facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed.

(Ord. 1956 §1 (part), Ord. 2112 §2, Ord. 2521 §24)

A. Neighborhood Park Fund. All revenues attributable to the neighborhood park component of the basic park facility fees assessed and levied pursuant to the provisions of this chapter upon the owners of property which is located in the vicinity of an existing or proposed neighborhood park and which is included within a zone of benefit established for such neighborhood park shall be deposited in a neighborhood park fund, and thereafter appropriated and used for the acquisition and/or development of neighborhood park facilities in the manner hereafter provided by this chapter.

B. Community Park Fund. All revenues attributable to the community park component of the basic park facility fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the community park fund and thereafter appropriated and used only for the acquisition and/or development of community park facilities in the manner hereinafter provided by this chapter.

C. Linear Parks and Greenways Fund. All revenues attributable to the linear park and greenway facilities component of the basic park facility fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the linear parks and greenways fund and thereafter appropriated and used only for the acquisition and/or development of linear park and greenway facilities in the manner hereinafter provided by this chapter.

D. Bidwell Park Land Acquisition Fund. All revenues from the Bidwell Park land acquisition fee assessed and levied pursuant to the provisions of this chapter shall, when received, be deposited in the Bidwell Park land acquisition fund and thereafter appropriated and used only for the acquisition of unimproved parkland adjoining Bidwell Park in the manner hereinafter provided for by this chapter.

(Ord. 1956 §1 (part), Ord. 2290 §5, Ord. 2521 §25)

A. Revenues Deposited in a Neighborhood Park Fund. All revenues from the basic park facility fees assessed and levied pursuant to the provisions of this chapter and deposited in a neighborhood park fund shall, at the sole discretion of the city council, be appropriated for the acquisition and/or development of neighborhood park facilities which are determined by the council to be of benefit to all persons residing within the incorporated territory of the city.

B. Revenues Deposited in the Community Park Fund. All revenues from the basic park facility fees assessed and levied pursuant to the provisions of this chapter and deposited in the community park fund shall be appropriated by the city council for the acquisition and/or development of community park facilities which are determined by the council to be of benefit to all persons residing within the incorporated territory of the city. In making such determination, the city council shall consider the recommendations made thereon by either the Bidwell Park and Playground commission or the Chico area recreation and park district.

C. Revenues Deposited in the Linear Parks and Greenways Fund. All revenues from the basic park facility fees assessed and levied pursuant to the provisions of this chapter and deposited in the linear parks and greenways fund shall be appropriated by the city council for the acquisition and/or development of linear park and greenway facilities which are determined by the council to be of benefit to all persons residing within the incorporated territory of the city. In making such determination, the city council shall consider the recommendations made thereon by the Bidwell Park and Playground Commission.

D. Revenues Deposited in the Bidwell Park Land Acquisition Fund. All revenues from the Bidwell Park land acquisition fees assessed and levied pursuant to the provisions of this chapter and deposited in the Bidwell Park land acquisition fund shall be appropriated by the city council for the acquisition of land adjoining the existing boundaries of Bidwell Park; provided, that the council has determined that such land, by virtue of its location or other characteristics, would be a suitable addition to Bidwell Park. In making such determination, the city council shall consider the recommendations made thereon by the Bidwell Park and Playground Commission.

(Ord. 1956 §1 (part), Ord. 2290 §6 (part), Ord. 2521 §26, Ord. 2536 §1)

All or any part of the revenues from the park facility fees assessed and levied pursuant to the provisions of this chapter may, at the sole discretion of the city council, be appropriated in the manner hereinbefore provided by this chapter for the purpose of acquiring and/or developing city-owned community or neighborhood park facilities which are or will be operated by the Chico area recreation and park district pursuant to the terms and conditions of a lease or other operating agreement between the city and the Chico area recreation and park district if, at the time of making such appropriation, the council has determined that the use of such revenues for such purpose will serve the best interests of the city and its residents.

(Ord. 1956 §1 (part))