Article 4 — Park and Recreation Impact Fees

The purpose of this article is to establish the procedures for the payment of parks and recreation impact fees in conjunction with the establishment of new residential units.

(Ord. No. 15-09, § 1, 9-2-15)

• (a) Any party that creates a multi-family residential development (e.g., apartment, duplex, triplex, multiplex) for renter households (collectively, "apartments") and any party who creates any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU), shall remit park fees as established in this article to provide park and recreational facilities to serve the future residents of such units.

• (b) The requirements of this article are in addition to any other applicable requirements of the municipal code, including Article 5 of Ch. XI, which sections relate to park/dedication fee requirements applicable to subdivisions.

(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)

Consistent with the general plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that 4.26 acres of property for each 1,000 persons residing within the city be devoted to public park and recreational purposes. (Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)

For the purposes of this article, population density shall be established by resolution of the city council, utilizing the following classifications:

• (a) Apartments. Any building (or portion thereof) or collection of buildings which provide two or more self-contained dwelling units not designated for separate ownership (i.e., the units not legally subdivided for homeownership). Notwithstanding the foregoing, for purposes of this article, ADUs and JADUs are not considered "apartments."

• (b) Determination of the number of dwelling units. The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the general plan for the property at the time the tentative or parcel map is filed with the city.

• (Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)

The amount of park fee for apartments required pursuant to this section shall be based on the following formula:

FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000

Definition of terms:

FEE The maximum cost to be appraised for fee payment.

4.26 Number of acres per 1,000 persons.

• A.D.F. Apartment density factor obtained from section 13-276.4 population density as applicable to the proposed development. D.U. Number of dwelling units.

P.C. Proportionate cost is the sum of the weighted cost of park land acquisition per acre of land and cost of construction per acre of land.

• (Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)

(a)

• (1) Fee resolutions. The fees authorized via this article shall be periodically established and/or adjusted via a resolution of the city council. Such fees shall comply with Government Code section 66000 et seq., and shall not exceed the amounts authorized by Government Code section 66000 et seq.

• (2) ADU and JADU fees. The fees for ADUs and JADUs shall take into consideration the fees charged for apartments, and shall not violate Government Code section 65852.2 , as it may be amended from time to time.

• (b) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes where the developer proposes the dedication voluntarily and the land is accepted by the city council at its discretion. When land dedication is provided, it shall be accomplished consistent with applicable local ordinances, including any applicable requirements of the Subdivision Map Act.

• (c) If the developer objects to the amount of the fee pursuant to this article, an appeal may be made to the city council by filing an application of appeal with the city clerk and payment of an appeal processing fee as determined by the city council. A notice of appeal shall be filed with the city clerk within seven days of payment of the fee. The developer shall have the burden of proof in contesting the amount of the fee. Within 30 days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city council, and the decision shall be final and conclusive in determining the amount of the fee.

• (d) The fee shall be paid to the development services department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the development on which the fee is charged. Upon receipt of the fee, the development services department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code.

• (e) In order that the fees levied pursuant to subsection (a) keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis, or as specified by city council by resolution. The fee schedule shall be adjusted consistent with applicable law.

• (f) Upon application to the development services department, the payment of the fee may be deferred where the department makes the following findings:

  • (1) The developer has entered into a fee agreement with written evidence of adequate security to assure payment of the fee at a date prior to the issuance of a certificate of occupancy, and in a form approved by the city attorney; and

  • (2) The deferral of the fee shall not adversely impact the development of new or the rehabilitation of existing neighborhood or community park or recreational facilities to serve the development.

• (Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)

• (a) Procedure. When fees are required, the same shall be deposited with the Development Services Department prior to issuance of building permits.

(b) Credit. Credit shall be granted for dwelling units demolished as a part of the development. This credit shall be limited to the number of units existing at the time of the approval of the project and shall not be transferred to other developments. (Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)