Chapter 19 — PARK FACILITIES IMPACT FEE

This chapter is enacted pursuant to Section 66000 et seq. of the California Government Code ("the "Mitigation Fee Act") and the general police powers of the City. This chapter is enacted for the purpose of providing land and/or funds for such additional parks, recreational facilities, and open space as may be deemed appropriate pursuant to the General Plan, Local Coastal Program, Coastal Land Use Plan, and zoning laws of the City. This chapter is also enacted to require the dedication of such funds and/or lands to offset the impact on the need for parks, recreational facilities, and open space created by new residential development which does not require a tentative subdivision or parcel map pursuant to Title 10 of this Code.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

The definitions set forth in this section govern the construction of this chapter:

(1)

"Manufactured or mobile home" means and includes each manufactured or mobile home located in a mobile home park on a temporary, semi-permanent or permanent basis.

(2)

"Person" or "developer" means and includes every person, firm or corporation constructing new single- family residences, manufactured and mobile homes, residential dwelling units directly or through the services of an employee, agent or independent contractor.

(3)

"Residential dwelling unit" means each unit of an apartment, duplex, multiple-dwelling structure or dwelling group or condominium.

(4)

"Bedroom" means any room in a residential dwelling unit used for sleeping, for the purposes of this chapter meaning any room added to a residential dwelling unit that includes a bedroom, or has provision for such inclusion.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

Except as otherwise provided in this chapter, each person developing nonsubdivision residential development projects shall pay a Park Facilities Impact Fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates the reasonable relationship between the fee's use and the type of development project on which the fee will be imposed and demonstrates the reasonable relationship between the need for park facilities and the type of development projects on which the fee will be imposed.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

The following types of development shall not be required to pay a Park Facilities Impact Fee:

(a)

Alterations, renovations or expansion of an existing residential building or structure where no new bedrooms are created.

(b)

Replacement of existing dwelling units on the same lot resulting in no net increase of bedrooms.

(c)

The replacement of a destroyed or partially destroyed or damaged building or structure where no additional bedrooms are created.

(d)

Nonresidential development.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

(a)

Every person constructing any new single-family residence, residential dwelling unit or manufactured mobile home within the City, or any addition or modification to such that includes the addition of one or more bedrooms, shall pay the Park Facilities Impact Fee established by resolution of the City Council, unless the development of such residence, unit, home, addition or modification requires a tentative subdivision or parcel map pursuant to Title 10 of this Code, in which case Section 10-1.803 shall be applicable.

(b)

The Park Facilities Impact Fee may be modified automatically on an annual basis in accordance with the change in the Engineering News Record ("ENR") construction cost index for the San Francisco area.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

(a)

The fees required by this chapter shall be paid at the time the city issues a building permit for each development project, unless the developer of a nonsubdivision residential development enters into an agreement with the city to pay the fees at the time the certificate of occupancy is issued, pursuant to Government Code Section 66007(c). An agreement to defer payment until the issuance of a certificate of occupancy must be executed and recorded before the city will issue a building permit for the development project.

(b)

If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional Park Facilities Impact Fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

(a)

All of the funds collected pursuant to this chapter shall be deposited in the Park Development Fund currently being maintained by the City and shall be used solely for the acquisition, improvement and expansion of public parks, playground and recreational facilities in accordance with the provisions of the open space and recreation element of the General Plan of the City. Any interest accrued by the account shall be used solely for the purpose of funding park facilities.

(b)

Park Facilities Impact Fee Accounting. The city shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

In lieu of fees the City may accept, in its sole discretion, the donation of land or the development of parks to satisfy all or part of the development fees established by this chapter.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

Any person subject to a fee required by this chapter may apply to the public works director for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant's residential development project on park facilities in the city and the amount of the fee charged.

(a)

Application. An applicant shall file a written request to adjust fees with the public works director not later than ten (10) days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus with the impact of the development on the need for park facilities within the city and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive

a building permit prior to the completion of the appeal process, the applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.

(b)

Decision of the Public Works Director. The public works director shall issue a decision on the application within thirty (30) days after the application is filed with the public works department. The public works director's decision shall state his or her determination regarding the amount of the Park Facilities Impact Fee that may reasonably be imposed on the new development and include a brief description of the basis for the director's decision.

(c)

Appeal of the Decision of the Public Works Director. Decisions of the public works director may be appealed to the city manager. Appeals must be filed within ten (10) days of the public works director's decision. The city manager shall review the application and evidence presented to the public works director and issue a decision within fifteen (15) days. The decision of the city manager is final and may be appealed or protested pursuant to Government Code Section 66020.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)

Upon application, fees collected by the city pursuant to this chapter shall be refunded under the following circumstances:

(a)

Fees collected pursuant to this chapter are erroneously or illegally collected.

(b)

The building permit expires, and no extension has been granted, for the development project upon which fees were imposed pursuant to this chapter. An application for refund pursuant to this subsection (b) shall be filed with the community development director no later than ninety (90) days after expiration of the building permit. The amount of refund shall be reduced by an amount to cover the cost to the city for processing the refund.

(§ 1(Att. 1), Ord. 878-C.S., eff. June 8, 2022)