Vallejo Municipal Code Art. II Park Impact Fees

This article is enacted pursuant to the authority granted the city under the Constitution, the police power, and the home rule powers vested in Vallejo as a charter city and laws of the state. The park, recreation, and open space facilities for which payment of fees is required by this article are in accordance with the public facilities and other services element of the general plan and the master park and recreation plan of the city.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

The city council finds that substantial urban growth creates great demands to provide recreational opportunities for physical and mental well-being. Recreation planning should include the entire city, and provide facilities for intensive recreation, such as organized sports and community meetings, as well as areas of open space for more passive recreation to provide contact with the natural environment. The council further finds that these goals and the needs of residents of new residential developments can sometimes be better obtained by providing strategically placed large parks and recreational facilities, or more intensive use of existing parks, rather than a number of small neighborhood parks and facilities. The recreational needs of the community and of residents of new residential developments can be met by providing for and establishing the types of facilities classified in Section 3.18.040.

The council further finds and determines that:

A. The purpose of this impact fee is to provide for funds to assist in paying the cost of additional park land and park improvements needed to serve the residents of new development within the city.

B. The park impact fees will be used to assist in paying any and all expenses related to providing additional park land and park improvements and facilities needed to serve the residents of new development within the city.

C. There is a reasonable relationship between the use of the park impact fees and the type of development on which these fees will be imposed in that new residential development cannot be accommodated with existing parkland and park improvements and facilities and that these new residents will require additional park land and park improvements and facilities.

D. There is a reasonable relationship between the amount of the fee and the cost of the park improvements. The city and the greater Vallejo recreation district caused a fee impact study to be prepared. As shown in this Study, dated September 2007 and accepted by the city, the cost of park land and park improvements and facilities to accommodate new residential development ranges from $5,990 to $9,983 per dwelling unit depending on the type of unit. Based on the Study, the amount of the fee was determined based on the number of persons per type of dwelling unit and the cost of park land and improvements.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. Standards. It is found and determined by the city council that the public interest, convenience, health, safety, and welfare require that development within the city provide for its fair share of the cost of acquiring park land, improving parks and building park and open space facilities.

B. Formula. In order to provide for the construction of park and open space facilities, it is hereby determined that acquisition costs are five hundred twenty-six thousand nine hundred eighteen dollars per acre, and the improvement costs are two hundred forty-three thousand two hundred forty dollars. The following formula shall be used to calculate a schedule of fees to support acquisition of park land:

*This cost is comprised of the cost of vacant land at $526,918 per acre and the cost of improvements per acre at $243,240.

C. Fee Schedule. The fee schedule shall be as follows:

D. Fee Schedule Escalation. Commencing January 1, 2009, the fees established in this section shall be automatically adjusted by the Engineering News Record Construction Cost Index for the San Francisco Bay Area.

E. Changes in Fee Schedule. The city council may also from time to time, at its discretion, revise, alter, amend and/or delete any of the changes set forth in this section by adoption of the appropriate ordinance or ordinances.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A developer, owner or builder may request that the project dedicate an improved park or recreational site rather than dedicating land and/or fees in lieu of land and paying park impact fees. Such request shall be subject to the approval of the city, after concurrence from the greater Vallejo recreation district. At a minimum, any such improved park or recreational site shall:

A. Consist of four and one-quarter acres of land per each one thousand persons to be housed in the proposed development, but in no event less than four acres;

B. Be located in keeping with the criteria and principles as set forth in the general plan and further as delineated and prescribed by the then current neighborhood parks and services areas plan adopted by the city council;

C. Be constructed to plans and specifications approved by the city council, upon recommendation of the planning commission of the city and the board of directors of the greater Vallejo recreation district; and

D. Be completed and ready for public use within the time fixed by the city council.

E. At the time of approval by the city council, the council shall determine that amount of credit that the dedication of such improved park or recreational site shall receive towards land dedication and/or fees in lieu thereof and park impact fees as required under the provisions of this chapter.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

Except as otherwise provided by this chapter, the park impact fee shall be paid at or prior to the issuance of any building permit for a structure that is subject to this chapter, or such later date as required by Government Code section 66007.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. Any subdivider, developer, owner or builder may request a credit against park dedication or fees based on the particular land or project having dedicated land or paid fees for parks pursuant to a prior land use approval or entitlement. Upon request and after consultation with the development services director of the city and the administrator of the greater Vallejo recreation district, the city manager shall certify in writing that credit is due under the provisions of this section, the extent to which an exemption shall be granted, and a statement of facts in such detail as the city manager deems necessary to support his determination.

B. If a project has dedicated land or paid fees in lieu of land dedication pursuant to Government Code section 66477 and Article I of this chapter, the subdivider, developer, owner or builder of such project shall receive a credit against the park impact fees due for the project for such dedicated land or fees paid in lieu thereof.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

The provisions of this article shall not be applicable to accessory dwelling units (as defined in Section 16.04.011), nor to nonresidential subdivision, developments, or construction, nor to the rehabilitation and/or conversion of existing motels, hotels, or rooming houses to residential projects within the area defined by the map of the Downtown Off-street Parking Assessment District, copy of which is attached to Attachment 1 8 and made a part of the ordinance codified in this section, even if an additional number of units, or additional square feet of gross floor area, is added; provided further, that the applicability of the provisions of this section is intended to and does have a retroactive effect upon any existing structure and does retroactively remove the obligation of such structures which have been rehabilitated or converted to residential projects to pay said fees. The provisions of this article shall also not be applicable to condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added. If dwelling units are added, the new units shall pay the fees designated in this article which are in force at the time the units are added to the complex. If the apartment building being converted is less than five years old, it shall pay the fees for all the units, calculated at the difference between the current fees for such units and the fees which were or could have been imposed at the time of the original construction.

(Ord. 1596 N.C.(2d) § 2 (part), 2007.)

(Ord. No. 1804 N.C.(2d), § 4, 9-25-2018)

A. There is created a special fund of the city to be known as the park and recreational facilities fund, into which shall be deposited all fees received under the provisions of this chapter. The finance director shall keep records of fees paid by individual subdivisions, in case a request for credit is made or a return of funds becomes necessary pursuant to Section 3.18.120. Any interest accruing on account of time deposit of the fund, or otherwise, shall be deposited to the credit of the fund.

B. The greater Vallejo recreation district will submit a written application for disbursement of monies from the fund on account of expenditures made or proposed for the benefit or use of parks or recreational facilities. The timing of such request will be at the time of execution of the contract. Upon receipt of the request, the finance director shall immediately advise the city manager and the development services director of such request, and provide them with copies of any accompanying documents or papers that might have been submitted by the recreation district in support of the application. Within ten days after receipt of such notice, the development services director shall advise the city manager whether the disbursement made or proposed is in keeping with the general plan and the master park and recreation plan and whether a contract has been awarded and the funds are needed for payment for park land or improvements within a reasonable period of time from the time requested. If the development services director fails to so certify within ten days, it shall be presumed that he has made a positive finding therein. Within ten days thereafter, the city manager shall, if a positive finding has been made or presumed, approve payment as requested by the greater Vallejo recreation district.

C. The decision of the city manager disapproving the application is subject to review by the planning commission upon request of the greater Vallejo recreation district made within ten days of delivery of such notice of disapproval. The planning commission shall then make its recommendation on the matter to the city council. The city council shall consider the request within ninety days of the date of the planning commission's recommendation. The decision of the city council shall be final.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)