Article 2 — Hercules Planning Code

Park And Recreation Facilities Impact Fees

Sec. 10-18.201. Intent and Purpose. ¶

The City Council of the City of Hercules finds and declares:

(a) As a result of increasing regional growth, significant residential development is expected to occur within the City.
(b) The new residents will require additional park and recreation facilities. The park and recreation facilities which serve the existing population will become overburdened if also required to serve all new development.
(c) The general plan specifies the permitted uses of land within the City and places limits on the intensity and density of such use. The City Council has examined the relationship between the land uses and densities permitted under the general plan and the rate and amount of actual and projected development of property within the City. Based upon this examination, the City Council has identified trends in growth and development which enable the City Council to project, with substantial certainty, the magnitude and extent of future development based upon the City's general plan.
(d) Based, upon projected growth and development permitted under the general plan, a substantial amount of residential development will occur in the City before the City is fully built out.
(e) This anticipated development cumulatively will generate a substantial increase in the demand for park and recreation facilities. New development will thus create an additional burden on the existing facilities and the need for new and expanded facilities.
(f) If additional park and recreation facilities are not provided as development occurs, the existing facilities will not be adequate to serve the community. This could result in adverse impacts, such as overcrowding and overuse of the present park and recreation facilities, injuries related to park and recreation facility use, lack of facilities for youth activities, and lack of facilities or space for community groups and gatherings. This shortage of park and recreation facilities would lead to a deterioration of the public services which the residents in Hercules now enjoy.
(g) To prevent these undesirable consequences, the capacity of the City's park and recreation facilities must be built at a rate which would accommodate the expected growth in the City.
(h) There is limited land suitable for the development of park and recreation facilities. The City will need to acquire and develop land parcels which are practicably available to satisfy the parks and recreation needs of future residents.
(i) The park and recreation system is a citywide system, providing recreation opportunities to the entire community.
(j) Although the demand for public services generated by an individual development project may not be, in and of itself, sufficient to overload the City's existing park facilities, the unmitigated cumulative impact of all new development would result in an unacceptable burden.

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City of Hercules, CA

Sec. 10-18.201

HERCULES CODE

Sec. 10-18.201

(k) It is the policy of the City that new development pay for the cost of new parks and recreation facilities and improvements to existing parks and recreation facilities which are necessary to accommodate the demands generated by new development. In the absence of a park and recreation facilities fee, existing and future sources of revenue will be inadequate to fund a substantial portion of the improvements which are necessary to avoid an unacceptable deterioration of public services.
(l) All types of residential development require and use the park and recreation facilities. The estimates of public demands for park and recreation facilities generated by a particular development are based on the average number of people residing in that particular type of residential development.
(m) In its evaluation, the City Council has taken into consideration, among other things, the Comprehensive Impact Fee Study for the City of Hercules dated February 21, 2001 (the "Comprehensive Impact Fee Study"). That Comprehensive Impact Fee Study and, in particular, the portion dedicated to Park and Recreation Facilities identifies the standards for development of parks and recreation facilities, the estimated demand for new facilities in the future, and the proportion of that future demand which will be generated by new development. The City Council finds that these facts and that study represent a reasonable estimate of the needed facilities and costs thereof.
(n) A fair and equitable method of securing some of the revenues necessary to construct the required park and recreation facilities is to impose a park and recreation facilities fee based on the extent to which new development generates demand for additional park and recreation facilities.
(o) The Comprehensive Impact Fee Study identifies the amount of park land and type and cost of park and recreation facilities for that land necessary to accommodate future growth.
(p) The park and recreation facilities that will be constructed with funds generated by the Park and Recreation Facilities Impact Fee will significantly benefit the community in that the adverse impacts and inconvenience which would otherwise be caused by a declining level of public parks and recreation facilities will be substantially mitigated. Persons who undertake new development in the City are benefitted by a desirable community and the City's reputation for providing, and ability to provide, a variety of well-run public services, including park and recreation facilities. Such facilities make the community a safe and appealing place to live and to work.
(q) Pursuant to Government Code Section 66001, and based upon the terms of this Article, the City Council finds that:
- (1) The purpose of this fee is to provide adequate park and recreation facilities to serve new development within the City.
(2) The fee will be used for acquisition, construction, improvement and/or development of park and recreation land and facilities, including but not limited to, existing and needed neighborhood parks, community parks, teen centers, child care facilities, cultural arts centers, community facilities and other park and recreational facilities necessary to accommodate new residential development.
- (3) Completed parks and recreation facilities are needed by all types of residential development, based upon the average number of City residents.

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City of Hercules, CA

Sec. 10-18.201

LAND USE

Sec. 10-18.202

(4) The amount of the fee bears a fair and reasonable relationship to each residential development's burden on and benefit from the City's park and recreational facilities to be funded by the fee, and shall be based on the following considerations:
- A. New development will pay only for those park and recreation facilities which serve the demands which will be created by new development.
- B. Each type of residential development shall contribute to the needed park facilities in proportion to the average number of residents for the particular type of dwelling unit.
- C. The amount of the fee is calculated based upon the need for park facilities once development occurs, and the per person cost for those facilities.
(r) Periodic review, and possible revision, of the fee resolution adopted by the City Council under this Article will allow for the adjustment of the fee to ensure that the fee remains a fair and equitable method for the distribution of costs to construct park and recreation facilities necessary to accommodate the need generated by new development.
(s) The Comprehensive Impact Fee Study for the City of Hercules dated February 21, 2001 and future City Council-approved amendments thereto are approved, incorporated here by reference, and provide the technical information and reasoning upon which the fee is based.
(Ord. 364 § 2 (part), 2001)

Sec. 10-18.202. Definitions. ¶

In this Article:

(a) Park Facilities means land, facilities and improvements provided for acquisition, construction, improvement and/or development of park land and facilities, including but not limited to, existing and needed neighborhood parks, community parks and all facilities and amenities reasonably related thereto.
(b) Recreation Facilities means land, facilities and improvements provided for acquisition, construction, improvement and/or development for recreation purposes, including, but not limited to child care facilities, community centers, swim centers, teen centers, cultural art centers and all other land, facilities and improvements commonly associated with recreation.
(c) Comprehensive Impact Fee Study for the City of Hercules refers to the report of that title dated February 21, 2001, prepared by the City of Hercules and Muni Financial and any future Council-approved amendments to it.
(d)
- Director means the City Manager or the City Manager's designee.
(e) Permit means a building or use permit authorizing the development or placement of a residential unit or a change from one land use category to another.
(f) Single family dwelling means a detached one-family dwelling unit at densities less than six per acre, excluding mobile homes.
(g) Multi-family dwelling means all attached single family dwellings such as townhouses, condominiums, duplexes, apartments, dormitories and the like, and mobile homes or trailers.

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City of Hercules, CA

Sec. 10-18.202

HERCULES CODE

Sec. 10-18.206

(Ord. 364 § 2 (part), 2001)

Sec. 10-18.203. Fee Requirement. ¶

(a) General. The amount of the park and recreation facilities impact fee shall be established by City Council resolution. The amount of the fee is based upon the following considerations:
- (1) Development will pay for park and recreation facilities only where there is a reasonable relationship between the park and recreation facilities demands created by that development and the facilities provided.
- (2) Each type of residential development shall contribute to the needed park and recreation facilities in proportion to the use of the facilities, based upon the average number of persons for each residential dwelling type.
(b) Type of development. The categories of residential development for which the fee will be charged are listed below.
- (1) Single Family Dwelling;
- (2) Multi Family Dwelling.
(c) Park and recreation facilities fee based only on impacts of new development. The fee shall be based on the cost of the park and recreation facilities attributable to new development as set forth in the Comprehensive Impact Fee Study, and do not and shall not include the costs to alleviate existing deficiencies in the City's park and recreation facilities, if any exist.
(d) Amount of fee. The amount of the fee shall be established by City Council resolution and, may be amended by resolution from time to time to reflect changes in the estimated cost of park and recreation facilities to be financed. The fee shall be determined in accordance with the method set forth in the Comprehensive Impact Fee Study.
(Ord. 364 § 2 (part), 2001)

Sec. 10-18.204. Exemptions. ¶

No fee is due if a park and recreation facilities fee was previously paid in full for a particular property.

(Ord. 364 § 2 (part), 2001)

Sec. 10-18.205. Time of Payment. ¶

The time for payment of the park and recreation facilities fee shall be established by the City Council resolution which sets the amount of the fee, and shall conform to the requirements of Government Code Section 66007.

(Ord. 364 § 2 (part), 2001)

Sec. 10-18.206. Use of Fee. ¶

The City shall deposit the fees collected under this Article in a special fund, the Park and Recreation Facilities Impact Fee Fund, designated for park and recreation facilities improvements. The fees and any interest earned shall be used only to provide park and recreation facilities in accordance with standards stated in the City's General Plan, the Hercules Capital Improvement Program or the budget of the City, to reimburse the City for its reasonable costs in

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City of Hercules, CA

Sec. 10-18.206

LAND USE

Sec. 10-18.208

administering this Article, or to reimburse the City for such construction if funds were advanced by the City from other sources, or a combination of the above.

(Ord. 364 § 2 (part), 2001)

Sec. 10-18.207. Annual Review. ¶

The City Council shall annually review the park and recreation facilities impact fee authorized by this Article, implementing resolutions and supporting documentation, including the Comprehensive Impact Fee Study and/or any other study the City may authorize with regard thereto and may, based on such review, institute by resolution an amended park and recreation facilities impact fee.

(Ord. 364 § 2 (part), 2001)

Sec. 10-18.208. General Provisions Apply. ¶

All of the provisions of Article 1 apply to the park and recreation facilities impact fee. (Ord. 364 § 2 (part), 2001)

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City of Hercules, CA

Sec. 10-18.301

LAND USE

Sec. 10-18.301