Long Beach Municipal Code Ch. 18.18 Park and Recreation Facilities Fee

This chapter shall be known and cited as the "Long Beach Park and Recreation Facilities Impact Fee Ordinance." The fees imposed pursuant to this chapter shall be known as "Park Fees."

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A Park Fee is hereby imposed on new residential development for the purpose of assuring that the park land and recreational facility standards established by the City are met with respect to the additional needs created by such development.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

For purposes of this chapter, the words and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that the words and terms utilized in this chapter are not defined herein, but are defined in Title 18 or the zoning regulations, such words and terms shall have the meanings stated therein.

"Accessory use, residential" is a dwelling unit as identified in Section 21.15.063. An accessory residential unit which exceeds two hundred twenty (220) square feet of residential dwelling space shall be classified as a single-family, duplex or multifamily dwelling unit for purposes of application of the Park Fee.

"Applicant" means the property owner, or duly designated agent of the property owner, of land on which a request for development approval is received by the City.

"Certificate of Occupancy" means the official City certification, issued pursuant to Chapter 18.08, that all or a portion of the building, structure or addition is approved for use or occupancy by a tenant, owner or occupant. For purposes of this chapter, Certificate of Occupancy and Temporary Certificate of Occupancy, whichever comes first, shall be considered synonymous.

"Collection" means the point at which the Park Fee due is collected from the applicant. Collection will generally occur at and as a condition precedent to the issuance of the Certificate of Occupancy.

"Commitment" means the earmarking of Park Fees collected to fund or partially fund or to retire debt issued for the funding of park land acquisition or recreation improvements serving residential development.

"Development approval" means tentative map or parcel map approval if the imposition of the Park Fee could lawfully have been imposed at such time or, building permit issuance if Park Fees could not be lawfully imposed at tentative map or parcel map approval.

"Dwelling unit" or "DU" is as defined in Section 21.15.910.

"Duplex" means a building containing two dwelling units.

"Imposition" means the determination that the Park Fee is applicable to the residential development project and the attachment of the Park Fee requirement as a specific condition of development approval.

"Mobile home" is as defined in Section 21.15.1770.

"Multifamily" means a permanent building designed for or occupied by three (3) or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels, motels, communal housing, residential care facilities or convalescent hospitals.

"Park Fee" means a monetary exaction imposed as a condition of development approval in connection with a residential development project in order to fund and to assure the provision of park land and recreation improvements needed to serve such development at established City service level standards within a reasonable period of time.

"Park land" means land used or to be used or acquired or to be acquired for use as a City park or open space or property owned by another public entity, such as a public school site, which is improved by the City and designated to meet City park land and recreation improvement needs related to projected residential development.

"Recreation improvement" means the construction of facilities, including, but not limited to, soccer fields, softball fields, lighting, landscaping, bicycle paths, tennis courts, indoor recreational space and related facilities, the expenditure of funds for such facilities and improvements incidental thereto, and the expenditure of funds for the planning, design and engineering of such facilities and improvements and utility relocation ancillary thereto and designed to meet City park land and recreation improvement needs related to projected residential development.

"Residential development" means any development undertaken for the purpose of: (i) constructing a dwelling unit or units; or (ii) the alteration or change of use of an existing building or structure that results in new dwelling unit or units and involving the issuance of a building permit for such construction, reconstruction or use.

"Secondary housing unit" is as defined and regulated in Sections 21.15.2400 and 21.51.275. A secondary housing unit which exceeds six hundred forty (640) square feet of residential dwelling space shall be classified as a single-family, duplex or multifamily dwelling unit for purposes of application of the Park Fee.

"Single-family dwelling" means a residential unit designed and intended for occupancy by one (1) family as defined in Section 21.15.2410.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. All residential development shall be required to pay a Park Fee prior to the issuance of a Certificate of Occupancy. The City may, prior to the issuance of a building permit for a residential development subject to the Park Fee, require that the applicant, as a condition of issuance of the building permit execute a contract with the City to pay the applicable Park Fee prior to issuance of the Certificate of Occupancy.

B. Park Fees shall be imposed, where possible, at the time of tentative map approval, parcel map approval or site plan approval of a residential development.

C. Park Fees shall be collected prior to the issuance of a Certificate of Occupancy for a residential development.

D. Whenever a residential development contains more than one (1) dwelling unit, the Park Fee shall be paid in a lump sum for all dwelling units in each phase of a residential development for which a Certificate of Occupancy is sought.

E. Payment of the Park Fee due shall be a condition of development approval of all residential developments, and no tentative map or parcel map or site plan shall be approved nor shall a building permit be issued without compliance with the provisions of this chapter.

F. The Park Fee requirement shall not apply to applicants who have a valid building permit on the effective date of the ordinance codified in this chapter.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. The Park Fee per dwelling unit, by type, shall be established by resolution of the City Council and may be amended from time to time as set forth in Section 18.18.160.

B. The fees established by this chapter shall be revised annually by means of an automatic adjustment based on the average percentage change over the previous calendar year in the Construction Cost Index for the Los Angeles metropolitan area. The fees, as adjusted annually, shall be compiled by the Department of Parks, Recreation and Marine, and shall be included in an annual report to the City Council pertaining to the Park Fee. The annual report shall be presented to the City Council by August 1st of each year, and fee adjustments shall be effective on October 1st of each year. The continued validity of the fee calculation methodology and the automatic adjustment shall be evaluated by a Nexus Study which shall be presented to the City Council for its consideration and action every five (5) years.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The Director shall calculate the amount of the applicable Park Fee due as a condition precedent to the issuance of, and at any time prior to, the building permit by determining the number and type of dwelling units in the proposed residential development and multiplying same by the Park Fee amount per dwelling unit, by type, as established by City Council resolution.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The Director shall be responsible for the collection of the Park Fee and as a condition precedent to the issuance of a Certificate of Occupancy unless:

A. The applicant is entitled to a full credit pursuant to Section 18.18.100;

B. The applicant is exempt pursuant to Section 18.18.120; or

C. The applicant has taken an appeal pursuant to Section 18.18.140 and a bond or other surety in the amount of the fee, as calculated by the Director, has been posted with the City.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The City hereby establishes a segregated Park Fee trust fund account (hereinafter "account") to which all Park Fees collected by the Director shall be posted. The funds of the account shall not be commingled with any other funds or revenues of the City and all such funds shall be accounted for. The account shall be an interest bearing account and all interest received shall be credited to such account and used solely for purposes of the account.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Funds derived from payment of Park Fees pursuant to this chapter shall be placed in the account and shall be used solely and exclusively for the purpose of funding park land acquisition and recreation improvements, as defined herein, and as identified in the Park Fee report, or to reimburse the City for expenditures, advances or indebtedness incurred for the acquisition of park land or construction of recreation improvements, as defined herein or identified in the Park Fee report. Park Fees shall not be used for the provision of park land or recreation improvements, as defined herein, and as identified in the Park Fee report, or to reimburse the City for expenditures, advances or indebtedness incurred for the acquisition of park land or construction of recreation improvements, as defined herein or identified in the Park Fee report. Park Fees shall not be used for the provision of park land or recreation improvements relating to: (i) the needs of existing City residents, (ii) the enhancement of park and recreation facilities to provide a higher level of service to existing City residents, (iii) operation and maintenance costs associated with City park and recreation facilities, (iv) repair and/or replacement of existing park and recreational facilities, or (v) the provisions of recreational services and programming.

B. The City shall commit or expend Park Fees deposited to the account within five (5) years from the date of deposit.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Any applicant subject to a Park Fee pursuant to this chapter who constructs, escrows money with the City for the construction of, agrees to participate in an assessment district for the construction of or who otherwise contributes funds or improvements to the City for the acquisition of park land or the construction of recreation improvements as herein defined, may be eligible for a credit for such contribution against the Park Fee otherwise due.

B. Credit applications shall be made on forms provided by the City and, whenever possible, shall be submitted at or before the time of building permit issuance. The application shall contain a declaration of those facts, under oath, along with relevant documentary evidence which qualifies the applicant for the credit.

C. The Director of Parks, Recreation and Marine shall determine whether the proposed construction, escrow payment, assessment district or cash contribution is for a recreation improvement listed in the Park Fee report and is consistent with the project priorities and timing and, if necessary, shall determine the value of the developer contribution.

D. The Director of Parks, Recreation and Marine shall forward his or her report and the credit application and supporting documentary evidence to the City Council, for a determination of Park Fee credit. If the City Council determines that a Park Fee credit is due, said decision shall be confirmed by ordinance and shall be incorporated in a contract between the applicant and the City.

E. No credit shall be granted in an amount exceeding the otherwise applicable Park Fee.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Any applicant who has paid a Park Fee pursuant to this chapter may apply for a full or partial refund of same, if, within one (1) year after collection of the Park Fee the residential development has been modified, pursuant to appropriate City ordinances and regulations, resulting in a reduction in the number of dwelling units, a change in the type of dwelling units or the applicability of an exemption pursuant to Section 18.18.120. Refund applications shall be made on forms provided by the City and shall contain a declaration of those facts, under oath, along with relevant documentary evidence which qualifies the applicant for the refund. In no event may a refund exceed the amount of the Park Fee actually paid.

B. Once each fiscal year the City shall make findings identifying all unexpended or uncommitted fees in the account.

C. Except as described in Subsection 18.18.110.D, upon application of the property owner the City shall refund the portions of any impact fee which have been on deposit over five (5) years and which are unexpended or uncommitted. Refunds shall be made to the current record owner or owners of the development on a prorated basis, together with accrued interest.

D. With respect to fees unexpended or uncommitted within five (5) years of deposit in the Park Fee account, the City may make findings to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. If the City makes such findings, the fees are exempt from the refund requirement.

E. The City may refund the unexpended or uncommitted portion of Park Fees by direct payment, by offsetting such refunds against other Park Fees due for residential development on the subject property, or by other means subject to agreement by the property owner.

F. If the City finds that the administrative costs of refunding the unexpended or uncommitted Park Fees exceeds the amount to be refunded, the City, after a public hearing, notice of which has been published in accordance with State law and posted in three (3) prominent places within the area of each residential development subject to a refund, may determine that the funds shall be allocated for other park land acquisition or recreation improvement projects of the type for which the Park Fees were collected and which serve the residential development.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The following uses and types of residential development are exempt from the payment of Park Fees:

A. If the applicant is proposing to replace an existing legal dwelling unit or units with an equal or greater number of units on the same lot, then the fee will be paid only for the number of new dwelling units that exceed the number of the existing legal dwelling units on that lot. A dwelling unit shall be considered existing if it is a legal dwelling unit as defined in Section 21.15.910 (or any successor section thereto) and it existed on the lot within twelve (12) months prior to the application for a building permit for the replacement unit or units.

B. The placement or installation of a replacement mobile home as defined in Section 21.15.1770 (or any successor section thereto) on a separate lot, mobile home park space or pad when a park and recreation facilities fee for such lot or space has been previously paid pursuant to this chapter; or when a mobile home legally existed on such park space or pad within twelve (12) months prior to construction approval for the replacement mobile home.

C. The relocation of existing legal dwelling units from one location in the City to another.

D. The legalization of an existing illegal dwelling unit existing prior to January 1, 1964, for which an administrative use permit is approved in accordance with Subsection 21.25.403.D (or any successor section thereto).

E. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code or "moderate income household" as defined in Section 50093 of the Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee the units shall be maintained for very low, lower and moderate -income households whether as units for rent or for sale or transfer, for the lesser of a period of fifty-five (55) years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. The agreement shall be in the form of a deed restriction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any State or Federal program providing affordable housing to very low, lower or moderate-income households. The agreement shall be recorded with the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. The City's Housing and Neighborhood Services Bureau shall be notified of pending transfers or purchases and give its approval of the purchaser's qualifying income status and purchase price, prior to the close of escrow. The City's Housing and Neighborhood Services Bureau shall be notified of pending rentals and give its approval of proposed tenant's qualifying income status and rental rate, prior to the tenant's occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents, and income certification to ensure compliance. Voluntary removal of the housing restriction or violation of the restriction shall be enforced by the Director and shall require the applicant or any successor-in-interest to pay the then applicable Park Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement if applicable.

F. Where no additional dwelling unit or units and/or no gross floor area is added, the following construction work is exempt:

1. The alteration, remodeling, rehabilitation, or other improvements or modifications to existing buildings or structures.

2. The rebuilding of existing buildings or structures destroyed by an act of God.

3. The rehabilitation or replacement of existing buildings or structures in order to comply with City mandated seismic safety requirement.

4. The rehabilitation or replacement of existing buildings or structures destroyed by imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance; provided however that such destruction was not caused or in any manner accomplished, instigated, motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-21-0035 § 4, 2021; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

Any person may request an audit of the Park Fee in order to determine whether the Park Fee exceeds the amount reasonably necessary to provide the park land acquisition and recreation improvements to serve new residential development at the City's established service level standards. Upon such request for an audit, the City Council may retain an independent auditor to conduct an audit to determine whether the Park Fee is reasonable. Any costs incurred by the City in having the audit conducted by an independent auditor may be recovered from the person who requests the audit.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. An applicant may appeal, by protest, any imposition of the Park Fee by filing a notice of appeal with the City Clerk at any time prior to, and in no case later than ninety (90) days after, the applicant pays the required fee.

B. A valid appeal by protest of the imposition of the Park Fee shall meet both of the following requirements:

1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Attorney;

2. Serving written notice on the City including:

a. A statement that the required payment has been tendered under protest or that required conditions have been satisfied,

b. A statement informing the City of the factual elements of the dispute and the legal theory forming the basis of the protest,

c. The name and address of the applicant,

d. The name and address of the property owner,

e. A description and location of the property,

f. The number of residential units or dwelling unit type proposed, as appropriate, and

g. The date of imposition of the Park Fee upon the residential development.

C. The City Council shall schedule a hearing and render a final decision on the applicant's appeal within one hundred sixty (160) days after the date the applicant files a valid appeal.

D. The City Council hearing shall be administrative. Evidence shall be submitted by the City and by the applicant and testimony shall be taken under oath.

E. The burden of proof shall be on the applicant to establish that the applicant is not subject to imposition of the Park Fee pursuant to the express terms of this chapter and applicable State law.

F. If the Park Fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney in an amount equal to the Park Fee calculated to be due, the application for development approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the Park Fee calculated by the City to be due unless sufficient and acceptable surety has been provided.

G. If as a result of an appeal pursuant to this section or judicial review pursuant to Section 18.18.150, a Park Fee is reduced or waived, the City Council may determine whether and how such reduction or waiver may impact the Park Fee calculation methodology. If the City Council determines that park and recreation needs are correspondingly reduced, the City Council may amend the Park Fee calculation methodology, the applicable Park Fee, or take such other action as it may deem appropriate. If the City Council determines that park and recreation needs remain the same, the City Council shall appropriate funds in an amount equal to the reduction or waiver of Park Fees and shall deposit same to the subfund or take such other action as it may deem appropriate.

H. Any petition for judicial review of the City Council's final decision shall be made in accordance with applicable State law and pursuant to Section 18.18.150.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Any judicial action or proceeding to attack, review, set aside, void or annul the ordinance codified in this chapter, or any provision thereof, or amendment thereto, shall be commenced within one hundred twenty (120) days of the effective date of the ordinance codified in this chapter, resolution, or any amendment thereto.

B. Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a Park Fee on a development shall be preceded by a valid appeal by protest pursuant to Section 18.18.140 hereof and a final decision of the City Council pursuant thereto and shall be filed and service of process effected within one hundred eighty (180) days after the hearing of appeal regarding the imposition of the Park Fee upon the development.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

At least once every year after the first year that this chapter has been effective, prior to City Council adoption of the annual budget and capital improvements program, staff shall prepare a report to the City Council on the subject of impact fees and shall incorporate:

A. Recommendations on amendments, if appropriate, to this chapter or to resolutions establishing impact fee amounts.

B. Proposed changes to the Park Fee report identifying capital improvements to be funded by impact fees.

C. Proposed changes in the impact fee calculation methodology or variables pertaining thereto.

D. Proposed changes to impact fee rates or schedules. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend this chapter and resolutions establishing impact fee rates or schedules. Changes to the impact fee rates or schedules may be made by resolution. Any change which increases the amount of the fee shall be adopted by the City Council after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend this chapter, the Park Fee report or resolutions establishing impact fee rates or schedules at such other times as may be deemed necessary.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

This chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such residential development projects.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The Park Fee imposed by this chapter is a fee imposed on residential development projects reflecting its proportionate share of the cost of providing park land and improvements necessary to meet the needs created by such development at established City service level standards. As such, the Park Fee is additional and supplemental to, and not in substitution of, on-site open space requirements imposed by the City pursuant to zoning, subdivision and other City ordinances and requirements. In no event shall an applicant for development approval be obligated to pay a Park Fee in excess of that calculated pursuant to this chapter, which shall not individually or collectively exceed the reasonable cost of providing park land and recreation improvements to such residential development project at established City service level standards.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)