San Benito County Municipal Code Art. IV Park and Recreation Impact Fees

(A) It is the purpose of this article to establish a parks and recreation fee for the accumulation of revenue.

(B) The revenue shall be used for the acquisition of land, the construction of recreational improvements and the acquisition of equipment. Revenue accumulated may also be used as local match for state and federal grants-in-aid programs for park and recreation development. Revenue shall be collected 30 days from and after the passage of the ordinance codified in this article.

(1966 Code, § 11A-1) (Ord. 542, § 1)

As used in this article, the following words and phrases are defined as follows.

COUNTY. The County of San Benito, State of California.

DWELLING UNIT. A structure, single-family house, apartment unit within a multi-family structure, and mobile home on a permanent foundation.

OPEN SPACE LANDS FOR RECREATION. Areas of outstanding scenic, historical and cultural value; areas particularly suited for parks and outdoor recreation purposes.

UNINCORPORATED. All land within the boundary of San Benito County, excluding all land area within the incorporated Cities of Hollister and San Juan Bautista.

(1966 Code, § 11A-2) (Ord. 542, § 2)

A park and recreation impact fee shall be collected on all new permanent residential dwelling units granted a building permit or installation permit by the County of San Benito after the effective date of the ordinance codified in this article. The fee exaction shall not be applied to permits issued for non- residential structures, or for additions, remodels or renovations of residential units totaling not more than 50% of the square footage of the preexisting development. Remodels in excess of the 50% exclusion shall be charged the established per-square-foot rate for each square foot of remodel area in excess of 50%. Failure to pay the fee shall result in the building permit application being denied by the San Benito County Building Official.

(1966 Code, § 11A-3) (Ord. 542, § 3)

(A) The parks and recreation impact fee shall be established by the Board of Supervisors by ordinance or resolution. The Board of Supervisors shall review the fee rate and make any adjustment deemed appropriate in light of the revenue fund balance as of July 1 of each year.

(B) The Park Facilities Impact Fee shall be charged on residential development in the amount of $4,634 for each single family residence and $4,245 for each multi-family residence.

(1966 Code, § 11A-4) (Ord. 542, § 4; Ord. 962, §§ 1, 2, 2017)

For the purpose of this article, the “benefit area” for the provision of county park and recreation facilities shall be the entire unincorporated area of San Benito County.

(1966 Code, § 11A-5) (Ord. 542, § 5)

For the purposes of this article, the following development activities are deemed to have no significant impact on park and recreation needs, and are therefore excluded from the payment of this impact fee:

(A) Additions, remodels or reconstruction of dwelling units totaling not more than 50% of the square footage of the preexisting dwelling;

(B) Commercial and industrial development projects;

(C) Commercial agricultural and horticultural development projects including accessory structures; and

(D) The replacement of preexisting dwellings lost by fire, earthquakes or permit for demolition and replacement, providing the replacement does not exceed 150% of the square footage of the destroyed dwelling.

(1966 Code, § 11A-6) (Ord. 542, § 6)

The County Auditor shall deposit all park and recreation impact fee revenues into a separate park development account. Funds in the account shall be used exclusively for the acquisition and development of new and existing parks within the county.

(1966 Code, § 11A-7) (Ord. 542, § 7)