Chapter 7.90 — PARK AND RECREATION IMPACT FEES

A.

In order to implement the goals and objectives of the Amador County Park and Recreation Master Plan and to mitigate park impacts caused by new residential development projects within the incorporated portions of City of Sutter Creek, a development mitigation fee for parks is necessary. The fee is needed to finance park and recreation facilities necessary to serve new residential development projects and to assure that new residential development projects pay their fair share for these facilities.

B.

Title 7, Chapter 5, Section 66000 et seq. of the California Government Code provides that development mitigation fees for parks may be enacted and imposed on development projects. The city council finds and determines that:

New residential development projects cause the need for construction, acquisition, expansion and/or improvement of park and recreation facilities within the incorporated areas of the City of Sutter Creek.

Funds for construction, acquisition, expansion and/or improvement of park and recreation facilities are not available to accommodate the needs caused by new residential development projects which will result in inadequate park and recreation facilities within the incorporated areas of the City of Sutter Creek.

C.

The city council finds that the public health, safety, and general welfare will be promoted by the adoption of development mitigation fees for parks for the construction, acquisition, expansion and/or improvement of

park and recreation facilities, the need for which is caused by new residential development projects.

D.

Pursuant to Government Code Section 65913.2, the city council has considered the effects of the fees with respect to the city's housing need as established in the housing element of the general plan.

E.

Pursuant to Title 14 California Code of Regulations, Sections 15061 and 15273(b)(4), the city council finds that this chapter is exempt from the California Environmental Quality Act.

(Ord. 319 §I, 2007)

Words when used in this chapter, and in resolutions adopted under the authority of this chapter, shall have the following meanings:

A.

"Development" or "development project" means any residential project undertaken for the purpose of development which involves the issuance of a City of Sutter Creek building permit for new construction. The term "development" or "development project" shall also include the erection of manufactured buildings and building structures moved into the city.

B.

"Residential," "residential development," or "residential unit" means and includes, but is not limited to condominiums, townhomes, duplexes, apartments, second units, and mobile homes and other types of residential units.

C.

"Fee" means a monetary exaction, other than a tax or special assessment that is charged by the City of Sutter Creek in connection with approval of a residential development project for the purpose of defraying all, or a portion of, the cost of park facilities related to the residential development project.

D.

"Park and recreation facilities" include public park and recreation facilities, open space, ancillary facilities, and any other capital park and recreation facility projects identified in the City of Sutter Creek general plan, the Amador County Park and Recreation Master Plan, or the city's park and recreation capital facilities plans or other public park and recreation facilities considered by the Amador County Recreation Agency and approved by the city council.

E.

"Park and recreation impact" means and includes any residential development project that does not involve the subdivision of land which requires a city permit and generates increased demand for park and

recreation facilities within each recreational demand area.

F.

"Park and recreation impact" means and includes any residential development project that does not involve the subdivision of land which requires a city permit and generates increased demand for park and recreation facilities within each recreational demand area.

F.

"Park and recreation capital facilities plans" means the plan for park and recreation capital improvements as identified in the capital facilities plan contained in the Park and Recreation Master Plan or its successor, as adopted or updated by the city council. The park and recreation capital facilities plan indicates the estimated cost of capital improvements to be financed with development mitigation fees and appropriate money for capital improvement projects.

G.

"City council" means the city council of the city.

H.

"City" means the City of Sutter Creek, a political subdivision of the State of California.

I.

"Agency" means the Amador County Recreation Agency.

(Ord. 319 §I, 2007)

A.

Pursuant to this chapter, development mitigation fees for parks shall be adopted from time to time by resolution of the city council after a noticed public hearing to address identified park and recreation facility impacts within the city. Such fee, when adopted, shall be a condition of the issuance of permits for new residential development within the city.

B.

In adopting the resolution the city council shall:

Identify the purpose of the fee;

Identify the use to which the fee is to be put;

Determine a reasonable relationship between the fee's use and the type of residential development project on which the fee is imposed;

Determine a reasonable relationship between the need for the park and recreation facility and the impacts from the type of residential development project on which the fee is imposed;

Determine a reasonable relationship between the amount of the fee and the cost of the park and recreation facility, or portion of the park and recreation facility; and

Establish a schedule of fees for park and recreation facilities.

(Ord. 319 §I, 2007)

A.

A development mitigation fee for parks shall be charged as a condition of the issuance of a building permit for construction or installation of new residential units.

B.

The development impact fee established by this chapter is in addition to any other fees, charges, dedications, or taxes required by state law or city ordinance as a condition of development, including but not limited to Quimby Act dedications/fees.

(Ord. 319 §I, 2007)

A.

Exemptions. The following will be exempted from payment of the development mitigation fees for parks referenced herein:

Any residential development project which does not generate any increased demand for park and recreation facilities.

Any development project that does not require a city building permit.

B.

Fee Reductions.

The city council may establish by resolution categories of "Beneficial Projects" which are eligible for fee reductions or waivers. The resolution will establish administrative procedures for granting fee reductions or waivers.

Any fee reduction or waiver granted as a result of a fee reduction policy shall apply only to the permit being sought. Any new development application (e.g., condominium conversion of apartments) shall be subject to re-evaluation by the city and may result in the imposition of fees previously reduced or waived.

(Ord. 319 §I, 2007)

A.

Imposition of Fees.

Fees shall be imposed at the time of building permit issuance. The applicant pays according to the schedule of fees in place on the date the fees are paid.

When the applicant applies for a new permit following the expiration of a previously issued building permit for a development project for which fees were paid, another fee payment is not required, unless (1) the project has been changed in a way that alters its park and recreation impact, or (2) the schedule of fees has been amended since the previous approval, in this event, the appropriate increase or decrease in the fees shall be applied.

When fees are paid for a development project and the development project is abandoned without any further action beyond the obtaining of a permit, the payor shall be entitled to a refund of the fees paid, less a portion of the fees sufficient to cover costs of collection, accounting for and administration of the fees paid.

B.

Payment of Fee.

Except as set forth in subsection B. 2 and 3 of this section, development mitigation fees for parks shall be paid on the date the final inspection is approved.

For residential development containing more than one dwelling unit, the developer may request that the fees be paid in installments based on the phasing of their development project. The decision whether to allow installment payments shall be determined by the agency director. Any fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.

The city shall require the payment of fees at an earlier time if the fees will be collected for public improvements of facilities for which an account has been established and funds appropriated and for which the city has adopted a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the local agency for expenditures previously made.

No building permit for any development project shall be issued unless a contract has been executed to pay the fees, and no final inspection or certificate of occupancy for any development project shall be issued unless fees have been paid.

(Ord. 319 §I, 2007)

A.

A developer of any project subject to the payment of fees pursuant to this chapter may appeal to the city council for a reduction, adjustment, or waiver of any development mitigation fee(s) based upon the absence of any reasonable relationship or nexus between the park and recreation impacts of the residential project and either the amount of the fee(s) charged or the type of park and recreation facilities to be financed. The appeal shall be made in writing, shall state the factual basis for the claim of reduction, adjustment or waiver, and shall be submitted to the clerk of the city council within fifteen calendar days following determination of the fee amount.

B.

The agency director shall review the appeal, develop recommended actions to be taken by the city council, and submit the recommended actions to the city council for their consideration at a public hearing to be conducted within sixty days after the filing of the appeal. The decision of the city council shall be final. If a reduction adjustment or waiver is granted, any change in use from the residential project as approved shall invalidate the waiver, adjustment or reduction of the fee(s).

(Ord. 319 §I, 2007)

A.

Any fee collected by the city pursuant to this chapter shall be remitted to the agency in accordance with a written agreement between the city and the agency in a form approved by the city council. No fee shall be remitted until such agreement has been duly executed by the agency and the city.

B.

Funds collected from development mitigation fees for parks shall be used as follows:

Funds may be used to acquire, construct, and install park and recreation facilities or reimburse costs of previously constructed facilities.

No funds collected pursuant to this chapter shall be used for periodic or routine maintenance.

Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of related equipment to the park and recreation facilities.

Funds may also be used to offset the cost of administration of the fund including audits, yearly accounting and reports, and other costs associated with maintaining the fund.

(Ord. 319 §I, 2007)

A.

Upon receipt of a fee subject to this chapter, the agency shall deposit, invest, account for and expend the development mitigation fees pursuant to California Government Code 66006.

B.

Development mitigation fees for parks paid shall be held by the agency in a separate development mitigation fee account for parks to be expended for the purpose for which they were collected. The agency shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed.

(Ord. 319 §I, 2007)

In lieu fee credit for the construction of park and recreation facilities and service improvements is allowable under the following conditions:

A.

The costs of park and recreation facilities listed on, or exempted from, the applicable park and recreation capital improvement plan, or city comprehensive plan land use element recreation section, or the adopted park, recreation, and trail maps, or other public park and recreation facilities approved by the agency director or her/his designee, may be eligible for in-lieu credit.

B.

With prior approval of the agency director or her/his designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of park and recreation facilities provided by the developer.

C.

If the actual construction cost is greater than the required relevant fees, the city shall have no obligation to pay the excess amount.

D.

An amount of in-lieu credit that is greater than the specific fee(s) required under this chapter may be reserved and credited toward the fee of any subsequent phases of the same residential development, if such credit is determined to be appropriate and timely, and approved in advance by the park director.

E.

If an applicant is required, as a condition of approval for a development permit, to construct any off-site park facilities, and the cost of the facilities is determined to exceed the fee due under this chapter, a reimbursement agreement may be offered in writing by the agency director. The reimbursement agreement shall contain terms and conditions approved by the agency director, auditor-controller, city counsel and the city council. This section shall not create any duty to offer a reimbursement agreement.

F.

Park and recreation facilities specifically serving the residential project exclusively may be eligible for partial in-lieu fee credit based on the adopted credit schedule.

G.

A developer seeking credit and/or reimbursement for construction or improvements of park and recreation facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the agency director to support the request for credit or reimbursement. The agency director shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer if so eligible.

H.

Any claim for credit must be made at or before the time of application for an approval permit. Any claim not so made shall be deemed waived.

I.

Exemptions, credits, reductions, adjustments, or waiver of fees shall not be transferable from one residential project to another without the city council approval.

J.

Determination made by the agency director pursuant to this section may be appealed to the city council by filing a written request with the clerk of the city, together with a fee established by the city council, within ten working days of the determination of the agency director.

(Ord. 319 §I, 2007)

A.

If a permit expires without commencement of construction, the feepayer shall be entitled to a refund of the development mitigation fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The feepayer shall submit a written request for a refund to the agency director within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

B.

The agency director shall report to the city council, once each fiscal year, any portion of development mitigation fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 66001, the city council shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to (1) identify the purpose to which the fee is put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (3) identify all sources and amounts of funding anticipated to complete financing of the park and recreation facilities and; (4) designate the approximate dates on which the funding is deposited into the appropriate account.

C.

For all unexpended or uncommitted fees for which the findings set forth in subsection (b) of this section cannot be made, the city shall refund to the current record owner or owners of lots or units of the development project(s) on a prorated basis the unexpended or uncommitted fees, and any interest accrued.

D.

If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this chapter exceeds the amount to be refunded, the city council, after a public hearing, for which notice has been published pursuant to Government Code Section 66001 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed.

(Ord. 319 §I, 2007)

A.

At least once every year a proposed park and recreation capital improvement plan detailing the specific park and recreation facilities to be funded by development mitigation fees shall be presented to the city council for adoption by resolution. Notice of the plan shall be given pursuant to Government Code Section 65090 and Section 66002, as they now exist or may be amended.

B.

Except for the first year that this chapter is in effect, no later than sixty days following the end of each fiscal year, the agency director shall submit a report to the city council identifying the balance of fees in the development mitigation fee program fund established pursuant to this chapter, and the facilities proposed for construction during the next fiscal year. In preparing the report, the park director shall adjust the estimated costs of the public improvements in accordance with the appropriate engineering construction cost index as published by Engineering News Record, or its successor publication, for the elapsed time period from the previous July 1st or the date that the cost estimate was developed.

C.

At a public hearing the city council shall review estimated costs of the park and recreation facilities described in the park and recreation capital improvement plan, the continued need for these facilities, and the reasonable relationship between the need and the impacts of development for which the fees are charged. The city council may revise the development mitigation fees to include additional projects not previously foreseen as being needed.

(Ord. 319 §I, 2007)

Each fee imposed by this chapter shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 2007, by a percentage equal to the appropriate engineering cost index as published by Engineering News Record, or its successor publication, for the preceding twelve months.

(Ord. 319 §I, 2007)

The amount of each fee established pursuant to this chapter may be set and revised periodically by resolution of the city council. This chapter shall be considered enabling and directive in this regard.

(Ord. 319 §I, 2007)

If any section, phrase, sentence, or portion of this chapter is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such portion shall be deemed a

separate, distinct and independent provision; and such holding shall not affect the remaining portions of this chapter.

(Ord. 319 §I, 2007)