Fresno Municipal Code Art. 4.7 Park Facilities Fee

In order to implement the goals and objectives of the City's general plan, and to mitigate the impacts caused by future development in the city, certain park facilities must be constructed. The City Council has determined that a park facilities fee is needed in order to finance these public facilities and to pay for each development's fair share of the construction and acquisition costs of these improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its general plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan. (Added Ord. 2005-113, § 1, eff. 11-7-05).

(a) A park facilities fee ("the Fee") is established to pay for municipally owned park and recreation facilities.

(b) The City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the Fee, describe the benefit and impact area on which the Fee is imposed, set forth the municipally owned public facilities to be financed with the revenue from the Fee, describe the estimated cost of those facilities, and describe the reasonable relationship between the Fee and the various types of future developments and set forth the time for payment of the Fee. (Added Ord. 2005-113, § 1, eff. 11-7-05).

Following the Council's adoption of the resolution required by subdivision (b) of Section 12-4.702 and the Fee becoming effective, any project subject to the Fee shall be exempt from complying with the requirements of Section 12-4.509; provided, however, that if a court of competent jurisdiction declares the Fee to be invalid or otherwise prevents the City from collecting the Fee following the Fee becoming effective, all projects shall remain subject to the requirements of Section 12-4.509. (Added Ord. 2005-113, § 1, eff. 11-7-05).

The revenues raised by payment of the Fee shall be accounted for in the city's capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(a) To pay for land acquisition for, and design, engineering, and construction of the public facilities designated in the Council resolution and reasonable costs of outside consultant studies related thereto;

(b) To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest;

(c) To reimburse developers who have designed and constructed designated public facilities which are oversized with supplemental size, length, or capacity; and/or

(d) To pay for and/or reimburse costs of program development and ongoing administration of the park facilities fee program.

(Added Ord. 2005-113, § 1, eff. 11-7-05).

Residential development shall be responsible for a combination of land dedication and payment of in-lieu fees as follows:

a) Single-Family Development.

i. Fifty Parcels or Less. For residential subdivisions with tentative maps containing fifty parcels or less, (inclusive of outlots) the subdivider shall pay in-lieu fees only.

ii. More Than Fifty Parcels. For residential subdivisions with tentative maps containing more than fifty parcels (inclusive of outlots), the subdivider shall pay in-lieu fees and dedicate 0.6 acres per 1,000 residents, or 0.001884 acres per residential unit, for a pocket park within the overall tentative map. This requirement shall apply to phased final subdivision maps which are part of a tentative map exceeding fifty parcels. An outlot being dedicated to satisfy the dedication requirement herein, shall include standard frontage improvements (including curb, gutter, sidewalk, and street lighting) as well as irrigation, landscaping, and park benches as approved by the Director of the Parks, After-School, Recreation and Community Services Department (Frontage and Landscape Improvements).

b) Dedication Credit.

i. Recreational Improvements. Per the Map Act (Section 66477(a)(9)), the value of park and recreational improvements required or approved by the City shall be a credit against the payment of fees required by this section. Park Facility Impact Fee credits or reimbursements will not be made for Frontage and Landscape Improvements.

ii. Supplemental Park Land Dedication. If a subdivider is required, as a condition of a discretionary approval, to dedicate park land in excess of 0.6 acres per 1,000 residents, or 0.001884 acres per residential unit, the value of the supplemental park land in excess of 0.001884 acres per residential unit shall be a credit against the payment of fees required by this section.

iii. Neighborhood and Community Park Land. If a subdivider is required, as a condition of a discretionary approval, to dedicate land for or construct a neighborhood or community park of more than two acres, a credit against the fee otherwise levied by this section on the development project shall be offered by the City. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development as determined by the City.

iv. Reimbursement Agreement. In the event a subdivider is entitled to credit pursuant to this section or Section 15-3701(J), City and the subdivider shall enter into a reimbursement agreement.

c) Gated Development. Gated subdivisions shall be subject to the combined in-lieu fee and park land dedication requirements set forth in this section, except that land dedication shall be made to the appropriate association and not the City.

d) Multi-Family Development. Multi-family developments shall be subject to on-site open space and in-lieu fee requirements as established in Chapter 15 (Development Code) of the Fresno Municipal Code.

(Added Ord. 2005-113, § 1, eff. 11-7-05; Am. Ord. 2016-57, § 1, eff. 1-22-17).

The City Council may, by resolution, adopt administrative guidelines to provide procedures for the calculation, reimbursement, credit, or deferred payment and other administrative aspects of the fee.

(Added Ord. 2005-113, § 1, eff. 11-7-05).