Sacramento Municipal Code Art. II Park Impact Fee

The following definitions apply in this article:

"Director" means the director of the department of parks and recreation.

"Park facility" or "park facilities" means park and recreation infrastructure.

"Park impact fee" means the fee established by section 18.56.220 to provide funding for the design, construction, installation, improvement, and acquisition of park facilities.

"Park infrastructure fund" means the infrastructure fund created by section 18.56.230. (Ord. 2017-0011 § 2)

A. The park impact fee is established.

B. The park impact fee is imposed on the development of:

• 1. New dwelling units.
• 2. Non-residential development including additions to a building or structure.
• 3. Change in use of a building or structure on any parcel. (Ord. 2017-0011 § 2)

A. The park infrastructure fund is established. The city shall deposit all revenues generated by the park impact fee, and any interest earned on the fund balance, into the fund.

B. The city shall use the park infrastructure fund to:

1. Finance the design, construction, installation, improvement, and acquisition of park facilities for neighborhood parks within two miles of the development project, community parks within five miles of the development project, and regional and citywide park facilities located anywhere in the city.

2. Reimburse the city for the costs of administering the park impact fee, the park infrastructure fund and this article.

3. Reimburse landowners and holders of development credits for costs incurred to construct park facilities as provided in section 18.56.240. (Ord. 2017-0011 § 2)

A. The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the park impact fee for park facilities constructed by a landowner, or for reimbursement of the portion of a landowner's cost to construct park facilities that exceeds the landowner's park impact fee obligation if the city has park infrastructure fund revenues available to pay for the reimbursement. The policies and procedures shall be consistent with the following:

1. A landowner may only construct park facilities for development credits or reimbursements with advance approval by a written credit or reimbursement agreement.

2. Development credits or reimbursement shall not be given for facilities that the landowner is otherwise required to construct under any provision of this code.

3. Development credits are transferrable to another landowner for a development project located within two miles from the park site upon approval of the director by issuance of a credit transfer form as specified in the resolution or agreement.

B. After the landowner constructs the park facilities, the director shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee credit or reimbursement agreement. The landowner may appeal the director's decision as set forth in section 18.56.155. (Ord. 2017-0011 § 2)

If there is any conflict between a provision of this article and any other provision of this chapter, the provision of this article governs. (Ord. 2017-0011 § 2)