Hanford Municipal Code Ch. 15.44 Park Facilities Impact Fee

In order to implement the goals and objectives of the land use and circulation elements of the city's general plan and the city's parks and recreation master plan, and to mitigate the congestion and overcrowding impacts caused by new development in the Hanford city area, certain parks and recreational facilities must be constructed. The city council has determined that a parks facilities development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction 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.

(Prior code § 10-1.101)

A parks facilities development impact fee is established on issuance of all residential building permits for development in the Hanford city area to pay for parks and recreational facilities improvements. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth the time for payment. As described in the fee resolution, this development fee shall be paid by each developer prior to issuance of a building permit. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed and/or what additional facilities may be needed.

(Prior code § 10-1.102)

The following shall be exempted from payment of the parks facilities development impact fee:

A. Alterations or expansion of an existing building where no additional units are created;

B. The replacement of a destroyed or partially destroyed dwelling or dwelling structure with a new dwelling or dwelling structure of the same size and use, provided that no additional vehicle trips will be produced over and above those produced by the original use;

C. The installation of a replacement mobilehome on a lot or other such site when a park facilities development impact fee for such mobilehome site has previously been paid pursuant to this chapter or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.

(Prior code § 10-1.103)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

A. Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 15.44.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

B. Reimburse developers who have been required or permitted by Section 15.44.050 to install such listed facilities which are oversized.

(Prior code § 10-1.104)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 15.44.020 which facility is determined by the city to be oversized over that needed for the impacts of that development and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Prior code § 10-1.105)

No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed 15% shall be given against the requirement of payment of fees of land dedication in lieu thereof if the city council finds that it is in the public interest to do so and that all the following standards are met:

A. Yards, court areas, setbacks and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

B. Private park and recreation facilities shall be owned by a homeowners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for proportionate share of expenses for maintaining the facilities; and

C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor; and

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E. Facilities proposed for the open space are in substantial accordance with the provisions of the parks and recreation element of the general plan; and

F. The open space for which credit is given is generally a minimum of three acres and provides one or more of the local park basic elements listed below, or a combination of such other recreation improvements that will meet the specific recreation needs of future residents of the area as determined by the city council:

1. Recreational open spaces, which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball and football, and have at least one acre of maintained turf with less than 5% slope,

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard surfaced areas especially designed and exclusively used for court games,

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each 3% of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool,

4. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

(Prior code § 10-1.106)

The park facilities impact fee established hereunder may be adjusted by resolution of the city council of the city of Hanford on or before July 1 of each fiscal year by a percentage no greater than the engineering cost index as published by the Engineer News Record for the preceding 12 months.

(Ord. 04-11, 2004)