Seal Beach Municipal Code Ch. 4.60 Parks and Recreation Facilities Impact Fee

To implement the goals and objectives of the capital improvement program for parks and recreation facilities and equipment of the City of Seal Beach, and to mitigate the impacts to the city's park and recreational facilities caused by new development in the city, certain public facilities and equipment must be constructed and/or acquired. The public facilities and equipment are specifically identified in the city's capital improvement program for facilities and equipment as adopted by the city council and as amended from time to time. The list of recreational facilities and equipment may be added to or deleted from the approved program. The city council has determined that a development impact fee is needed to finance these public improvements and to pay for new development's fair share of the costs of these improvements.

[Ord. 1724, 12/8/2025]

For the purposes of this chapter, the following words and phrases shall mean:

"Multifamily housing or dwellings"

is a building used and/or designed as residences containing two or more residential dwelling units including mixed-use developments that combine residential dwellings with nonresidential uses in the same building or development site.

"Public facilities"

means those park and recreation facilities, land, buildings, improvements, or infrastructure and similar facilities utilized for park and recreational purposes including vehicles and equipment.

"Residential development"

includes all residential dwelling units constructed for the first time or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. A mixed-use development containing dwelling units is considered a residential development.

"Residential dwelling unit"

is a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household.

"Single-family dwelling unit"

is a building or portion of a building used and/or designed as residence for one family.

[Ord. 1724, 12/8/2025]

A. A parks and recreation facilities impact fee is established on issuance of all building permits, for residential development within the city to pay for the city's buildings, furnishings, vehicles, equipment and similar facilities utilized for park and recreational purposes as shown in the adopted capital improvement program for facilities and equipment.

B. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimate cost of these facilities, describe the reasonable relationship between this fee and the various types of new residential developments and set forth time for payment. The city council shall review this fee as required by law to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described facilities are still needed.

C. The finance director shall establish a park and recreation facilities impact fee fund. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended towards expanding the city's parks and recreation facility capacity to mitigate the impacts of new residential development in the city.

D. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 4.60.010 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the park and recreation facilities impact fee.

[Ord. 1724, 12/8/2025]

The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s) subject to the fee in accordance with applicable law. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect.

[Ord. 1724, 12/8/2025]

The fees imposed by this chapter shall be set by resolution of the city council.

[Ord. 1724, 12/8/2025]

In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees.

[Ord. 1724, 12/8/2025]

The city council finds that there is established a park fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand the city's parks and recreation facilities to mitigate the impacts of new residential development in the city as set forth in the Seal Beach Parks Impact Fee Update Nexus Study. Those public facilities and other assets are identified in the capital improvement plan adopted as part of such study.

[Ord. 1724, 12/8/2025]