Chapter 8 — PARK FACILITIES DEVELOPMENT IMPACT FEE

The purpose of the Park Facilities Development Impact Fee set forth by the enacting resolutions is to finance park facilities to reduce the impacts caused by future development in the City. Chapter 7-13 of the San Leandro Municipal Code establishes the Park Facilities Development Impact Fee ("Park Impact Fee") applicable to development within the City and provides for these administrative guidelines that sets forth the amount of the fee, the types of development projects on which the fee is imposed and the time for payment.

Commercial. "Commercial" shall mean any development constructed or to be constructed on land having a Commercial or Professional District land use designation as described in Article 6 of the City of San Leandro Zoning Code ("Zoning Code"). Commercial land uses include, but are not limited to: apparel and clothing stores; auto dealers and malls, auto accessories stores; banks and savings and loans; beauty salons; book stores, discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; hotels and motels; Laundromats; liquor stores; restaurants; service stations; shopping centers; supermarkets; and theaters.

Development. "Development" shall mean the construction, alteration or addition of any residential building or structure within the City of San Leandro.

Facilities. "Facilities" shall include those facilities that are described in the Report and in the Findings of the enacting resolution. "Facilities" shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determines in accordance with applicable law that:

(1) There is a reasonable relationship between development within the City and the need for alternative facilities;

(2) The alternative facilities are comparable to the facilities listed in the Report of the enacting resolution; and

(3) Revenue from fees charged pursuant to this Chapter will be used only to pay new development's fair and proportionate share of the alternative facilities.

Fee. "Fee" shall mean the charge or charges imposed on Development to fund the Facilities to ensure that such Development pays its fair share of facilities needs generated by such Development pursuant to this Chapter and applicable law.

Industrial. "Industrial" shall mean any development constructed or to be constructed on land having a Zoning Code designation for the manufacture, production, assembly, or processing of consumer goods and/or other space uses incidental to these activities. Industrial land uses include but are not limited to: assembly; concrete and asphalt batching plants; contractors' storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouse and distribution; and wholesale and heavy commercial uses.

Mixed Development. "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section. Mixed Developments may combine residential types of development, non-residential types of development, or a combination of residential and nonresidential types of development.

Single-Family. "Single-Family" shall refer to any buildings containing one dwelling unit and up to one accessory dwelling unit and one junior accessory dwelling unit located on a single lot, as defined in Title 1 General Provisions § 1.12.108 Definitions of the Zoning Code.

Office. "Office" shall mean any development constructed or to be constructed on land having a Zoning Code designation for general business offices, medical or professional offices, administrative or head-quarters offices, offices for large wholesaling or manufacturing operations, and research and/or development and other space uses incidental to these activities. Office land uses include, but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices and office buildings; professional and administrative offices; professional associations; real estate offices; research and/or development offices and travel agencies.

Multi-Family. "Multi-Family" shall refer to any dwelling unit other than a Single-Family unit, Special Unit, or Accessory Dwelling Unit.

Special Unit. "Special Unit" shall refer to any dwelling unit that is not a Single-Family unit or is not a Multi-Family unit or is not an Accessory Dwelling Unit or a Secondary Dwelling Unit that meets the Zoning Code definition or a Senior Housing Project established for independent elderly adults that do not require daily care and supervision as well as assisted living facilities where the residents are able to enjoy local parklands or participate in senior-oriented park facilities or centers.

Accessory Dwelling Unit. "Accessory Dwelling Unit" is hereby defined in Title 1 General Provisions § 1.12.108 Definitions of the San Leandro Zoning Code.

(a) A Fee shall be charged and paid for each Single-Family, Multi-Family, Special Unit and Accessory Dwelling Unit within the City when the Certificate of Occupancy for the unit is issued.

(b) For each Mixed Development a composite Fee shall be charged and paid in accordance with (a), above, for each Single-Family, Multiple-Family, Special Unit and Accessory Dwelling Unit within a Mixed Development.

(c) The Fee shall not be charged for non-residential developments (Commercial or Industrial), nor shall the Fee be charged for non-residential developments within Mixed Developments.

The amount of the Fee shall be as listed in the City of San Leandro Adopted Master Fee Schedule.

The Fee shall not be imposed on any of the following:

(a) Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a Single-Family residential unit or another unit is added to an existing

Multi-Family residential unit;

(b) Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished; provided that, the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, unless the replacement or reconstruction increase the square footage of the structure by 50% or more.

(a) A residential development is exempt from payment of the Fee if it satisfies both of the following conditions: i) one hundred percent (100%) of the units in the development, excluding any manager’s units, are affordable units; and ii) the project applicant is an entity, or is controlled by an entity, exempt from taxation pursuant to section501(c)(3) of the Internal Revenue Code.

(b) The amount of the Fee for any affordable unit, other than those units subject to Section 8.8.121(a), shall be fifty percent (50%) of the otherwise applicable rate.

(c) For the purposes of this Section, “affordable unit” means a unit that is affordable to, and restricted to occupancy by, a low-or moderate-income household, as defined in Health and Safety Code Section50093. An affordable unit shall have affordable rent consistent with Health and Safety Code Section 50053, or an affordable housing cost consistent with Health and Safety Code Section 50052.5. Affordable units shall be subject to a restrictive covenant, in a form approved by the Community Development Director, with a term of 55 years for rental units and 45 years for ownership units.

The revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest, which they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following:

(a) To pay for acquisition of the Facilities;

(b) To pay for design, engineering and construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the Facilities;

(c) To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the Facilities;

(d) To reimburse developers that have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in §8.8.155 below; and

(e) To pay for and/or reimburse costs of program development and ongoing administration of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee.

The Standards upon which the need for the Facilities is based are the standards of the City, including the standards contained in the General Plan and those City standards reflected in the

San Leandro Municipal Code.

During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to California Government Code §66006, identifying the balance of Fee revenues in the Fee account and identifying the improvements to which the Fee has been applied during the previous fiscal year.

§ 8.8.140. 5-YEAR REVIEW.

For the fifth fiscal year following the first deposit into the Fee account, and every five years thereafter, the City Council shall make findings with respect to the purpose of the Fee as described in California Government Code §66001(d).

The Fee set herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council may review the Fee to determine that the Fee amounts are reasonably related to the impact of development within the City. In addition to the inflation adjustments pursuant to §8.8.150, below, the City Council may revise the Fee to incorporate the findings and conclusions of further studies and any standards in the General Plan or the Master Plan, as from time to time amended by the City.

Annually on July 1, the City Manager shall adjust the amount of the Park Land Acquisition Impact Fee based on the annual percentage change in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area, and shall adjust the Park Improvements Impact Fee by the annual percentage change in the Engineering News-Record San Francisco Building Cost Index.

FACILITIES.

The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Such an agreement is totally discretionary on the part of the City. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this Chapter for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following:

(a) Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the City Engineer. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of §8.8.155, such current facility cost shall be the amount listed in the Report for that particular facility as subsequently adjusted pursuant to §8.8.145 and §8.8.150 of this Chapter prior to issuance of the building permit for that facility. Once issued, credit pursuant to §8.8.155 shall not be adjusted for inflation or any other factor. Credit provided pursuant to §8.8.155 is not transferable.

(b) Application of Credit. Credit pursuant to §8.8.155 may be applied by developers against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units (for a residential project) to determine the amount of credit which can be applied against the Fee for each unit and, if the credit per unit is less than the Fee per unit, the developer shall pay the difference for each unit. If a credit pursuant to §8.8.155 is less than the Fee applicable to a particular non- residential development project, the developer shall pay the City the balance in cash.

(c) Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers:

(1) Certifying in writing to the City that the cost of constructing the facility which resulted in an excess credit was not passed on to homeowners, and

(2) Indemnifying the City from landowner claims for reimbursement under Government Code § 66000 et seq. and §66001 in particular.

PAID.

If a developer has dedicated land and/or paid a fee in lieu of dedication for a residential subdivision project under a City ordinance adopted pursuant to the Quimby Act ("Quimby Act Ordinance"), and such residential subdivision project is later subject to imposition of the Fee, such developer shall be entitled to a credit against the Fee in accordance with the following:

(a) The amount of credit shall equal the park land acquisition element of the Fee applicable to the particular residential subdivision project and in effect at the time for payment of the Fee pursuant to this Chapter.

(b) The park improvement element of the Fee applicable to the particular residential subdivision project in effect at the time for payment of the Fee pursuant to this Chapter shall continue to apply, notwithstanding any dedication of land and/or payment of a fee in lieu of dedication for the particular residential subdivision project pursuant to the Quimby Act Ordinance.

In accordance with California Government Code §66017, the Fee shall be effective 60 days from the effective date of the enacting resolution.

Each component of the Fee and all portions of this Chapter are severable. Should any individual component of the Fee or any portion of this Chapter be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Fee components and/or Chapter portions shall be and continue in full force and effect, except as to those Fee components and/or Chapter portions that have been adjudged invalid.

Editor's Note: Resolution No. 2005-069, 06/06/2005, was codified into this Chapter during the 2005-06 republication. (Resolution No. 2005-156, 11/21/2005 [§§8.8.100-8.8.170]; Resolution No. 2019-074, 05/06/ 2019 [§§8.8.105 and 8.8.110]; Res. No. 2024-061, 6/17/2024 [§§8.8.100-8.8.170]; Res. No. 2025-106, 7/21/2025 [§§8.8.121-8.8.150])