Visalia Municipal Code Ch. 12.36 Park and Recreation Development Fees

This chapter is enacted pursuant to the authority under the Government Code of the state of California and the charter of the city for the construction of park and recreation facilities and for the payment of fees to construct such facilities in accordance with the conservation, open space and recreation element of the general plan of the city adopted by the city. (Prior code § 7060)

As used in this chapter, the following terms are defined in this section:

"Dwelling unit" means each single-family dwelling in each unit, an apartment, duplex, multiple dwelling structure, condominium, cooperative or planned unit development, as defined in Section 11003 of the Business and Professions Code of the state of California, or each stall, space or site, or location for a mobile home or trailer in a mobile home park or mobile home subdivision.

"Park and recreation facilities" means parks or other such improvements, equipment or capital facilities which serve to directly meet the park and recreation needs of residents of the city. (Prior code § 7061)

Prior to issuance of a building permit for construction of a new dwelling unit, as defined herein, or recordation of a final map or parcel map, where applicable, a fee shall be paid to the city for the purpose of constructing park and recreation facilities. Such fees shall be composed of an acquisition fee and a development fee to be paid as follows:

A. The acquisition fee shall be paid at the time of filing (filing map approval) of final map or parcel map which is filed subsequent to city approval of a residential development as defined herein. The amount of the acquisition fee payable at the time of approval referenced herein shall be determined by multiplying the number of each type of dwelling unit planned for the parcels of the final map or parcel map times the acquisition fee for each type of dwelling unit in effect at the time of approval. Where no parcel map or final map is recorded prior to issuance of a building permit for a residential development, the acquisition fee shall be paid at the time of issuance of the building permit or permits according to the acquisition fee schedule in effect of the time of issuance of such building permit.

B. The development fee shall be paid at the time of issuance of a building permit or permits according to the development fee schedule in effect at the time of issuance of the building permit. (Prior code § 7062)

A. Notwithstanding the requirements of Section 12.36.030, the city council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 12.36.030.

B. In adopting the resolution identified in subsection (A) of this section the city council shall make the following findings:

1. That the state of the economy in the city is such that the deferment of the fee required by this chapter will stimulate the economy and enhance the provision of jobs; and

2. That the deferment of the fee required by this chapter will not materially effect the ability of the city to deliver its five year capital improvement program.

C. In adopting the resolution identified in subsection (A) of this section, the city council shall:

1. Identify the point in time at which the fee shall be paid, provided that in no event shall the deferral be extended beyond the time of the final inspection or issuance of the certificate of occupancy, whichever occurs first; and

2. Identify to which major land use category (i.e., residential, commercial, office and/or industrial) the resolution applies; and

3. Identify whether or not a contract shall be entered into by and between the property owner, or lessee if the lessee's interest appears of record, and the city prior to the issuance of the building permit. If a contract is required to be executed, it shall be processed and recorded in accordance with Government Code Section 66007(c). In lieu of entering into a contract, if one is required, the fee payer may provide such other form of surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her designee and the city attorney; and

4. Impose a penalty, equal to one hundred (100) percent of the amount of the fees deferred, on any party who fails to pay the deferred fee by the point in time specified in said resolution; and

5. Provide that a party who fails to pay said deferred fees by the point in time specified in said resolution shall further forfeit the future right to defer such fees on parcels in which said party has a financial interest. (Prior code § 7062.1)

A. It is found and determined that to provide for the public interest, convenience, health and welfare that four acres of city park and recreation facilities be provided for each one thousand (1,000) residents. This standard has been established based on the city's park and recreation facility needs documented in the open space, conservation, and recreation element of the general plan.

B. The amount of land required for each type of dwelling unit shall be based on the average number of persons per household for each dwelling unit type which has been estimated by the most recent federal census or a State census taken pursuant to Section 40200 et seq., of the Government Code. The amount of land required for park and recreation facilities for each dwelling unit type are established as follows:

(Ord. 2025-15 (part), 2025: Prior code § 7063)

A. The amount of the acquisition fee and the development fee for each type of dwelling unit shall be based on the average number of persons per household for each dwelling type and the cost of acquisition and development for park and recreation facilities.

B. The city shall establish by resolution the estimated per-acre cost of land acquisition and park development. The schedule of fees shall be those amounts as established by Resolution No. 97-39 of the city council and shall remain in effect until July 1, 1998. Effective July 1, 1998, and each succeeding July 1 thereafter, said schedule of fees shall be adjusted in accordance with the following criteria:

1. On April 1st of each year the city engineer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, CA. When the average of such indices differs from the average of the indices for the preceding April 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the average ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual park fee rates may be multiplied by the factor to determine the adjusted schedule of fees. The engineer shall present the new fee schedule for adoption by resolution of council after at least one public hearing.

2. If in the determination of the engineer the adjustment of the schedule of fees produced by the procedure in subdivision 1 of this subsection is not representative of the actual change in costs of the planned park and recreation facilities, the engineer may, in lieu of the procedures set forth in said paragraph, compute a new schedule of fees for adoption by resolution of the council. The city council may adopt the new fee schedule upon a majority vote after at least one public hearing. (Ord. 9719 § 6, 1997)

Residential developments subject to this chapter may receive a credit, as determined by the city council, against the required acquisition fee and development fee. The credits for each of the fees are established as in the following sections. (Prior code § 7065)

A credit shall be given for the fair market value of any property dedicated to the city for public park and recreation facilities which are in conformity with the open space, conservation and recreation element of the general plan. Where such dedication is in excess of the land dedication requirement for the planned residential development, compensation shall be provided to the landowner for the fair market value of the land dedicated in excess of the requirement specified herein. (Prior code § 7065.1)

A credit against the development fee may be given for the following recreation improvements:

A. An amount equal to the value of any improvements and any equipment which are in conformity with the open space, conservation and recreation element of the general plan which are dedicated to the city along with dedicated park land.

B. Private park and recreation facilities, subject to review and approval by the parks and recreation commission, which meet the standards described below.

1. That yards, court areas, and other open areas required by the city zoning regulations and the Uniform Building Code, shall not be included in the computation of park and recreation area;

2. Ongoing maintenance of the area is provided;

3. That the use of the private area is restricted for park and recreation purposes and that the legal documents be recorded which will run with the land in favor of the future property owners of the property; and that when a portion of a private recreational area is also reserved for storm drainage purposes, that portion of the private recreational area as determined by the city engineer, shall not be considered for credit;

4. That the private area is reasonably adequate for park and recreational purposes;

5. That developments containing four or more acres of private recreational areas must contain at least four of the following improvements, of which at least two improvements shall be from the active list;

Active Recreational Areas

Passive Recreational Areas

6. That developments containing less than four acres of private recreational area shall have at least one of the above active or passive improvements for each acre developed. If the area required for open space is two acres or more, at least one of the above active improvements shall be required;

7. That the private open space exceeds five percent of the net site area as defined in the zoning regulations;

8. That phased developments with private park and/or recreational facilities, shall conform to subsection (B)(5) of this section, in the aggregate, as each phase in combination with any previous phase is developed.

C. The park and recreation commission may consider allowing development fee credits to subdivisions and PRD's approved prior to adoption of the ordinance only when it can be demonstrated that the private park and/or recreational facilities have been made accessible (visually and/or physically) to the general public. Methods to consider in evaluating requests include, but are not limited to:

1. Siting public vs. private uses adjacent to waterways or natural features (i.e., Valley Oaks singly or in clusters) using "single-loaded", loop or cul-de-sac streets to promote access;

2. Prohibiting back-on and side-on lot development adjacent to waterways or natural resource areas;

3. Establishing development setbacks along waterways and/or natural resource areas including space for trails and bikeways;

4. Restoring/enhancing habitat along waterways and/or natural resource areas.

D. When the park and recreation commission has determined that a previously approved development qualifies for development fee credit consideration, based on the guidelines above, the commission shall conduct a public hearing to evaluate the request for consistency with all the standards outlined in Section 12.36.090(B). The park and recreation commission shall make written findings and forward a recommendation to the city council for final action.

E. The amount of the development fee credit for private park and recreation facilities shall be equal to the fraction of the total required land acquisition which is provided in the private park and recreation facilities, as specified in Section 12.36.050, multiplied times the total development fee for the residential development. The development fee credit for private park and recreation facilities shall not exceed seventy-five (75) percent of the required development fee.

F. The city council may reduce, waive or supplement the acquisition fee and/or development fee where it finds that such waiver or reduction will promote the construction of housing for low- and moderate-income households where it makes a finding that other monies are available to construct the necessary park and recreation facilities.

G. All fee credits provided for under this section shall be implemented through a development agreement as provided for in Chapter 17.60. (Prior code § 7065.2)

Nothing in this chapter shall be construed to limit the city's ability to require dedication of park land for park and recreational purposes in accordance with the conservation, open space and recreation element of the general plan. Where such dedications are required and made, a fee credit may be provided to a residential development as provided for in Sections 12.36.070, 12.36.080 and 12.36.090. (Prior code § 7066)

The lands and fees received under this chapter shall only be used for the purpose of providing park and recreation facilities at any location conforming to the conservation, open space and recreation element of the general plan. (Ord. 9519 § 1, 1995: prior code § 7067)