Yorba Linda Municipal Code Ch. 15.56 Park and Recreation Impact Fees

A. Authorizing Legislation. This Section is adopted to implement the provisions of sections 66000 et seq. of the Government Code (sometimes referred to hereinafter as the "Mitigation Fee Act"), which authorize a city to impose impact fees as a condition of approval on a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

B. Purpose. Additional park facilities are needed to accommodate future growth and maintain an acceptable level of the existing park and recreation facilities for all areas of the City of Yorba Linda. New development within the City of Yorba Linda results in increased usage of the existing park and recreation facilities throughout the City, which thereby increases the service requirements and the capital equipment requirements of the City's parks and recreation facilities. Such increased usage is not limited to new residential subdivisions.

C. Use. Park and Recreation Impact Fees are hereby established on new residential development within the City of Yorba Linda to pay a proportionate share of public facilities related to parks and recreation. The Impact Fees authorized by this section will be used only for defraying costs associated with providing parks and recreation facilities resulting from new development projects, and shall not exceed the estimated cost associated with providing those facilities. The Impact Fees are for the purpose of developing new or rehabilitating existing park or recreational facilities, although no such fees will be used to overcome any current deficiency in park and recreation facilities. A reasonable relationship exists between the Impact Fees' use, amount, and need and the residential development project upon which the Impact Fees are imposed.

(Ord. 2014-1003, § 3, 2014)

The following definitions shall govern the meaning of words in this section:

"Dwelling Unit"

shall mean a residential dwelling within the City. "Average Population per Dwelling Unit" means average number of persons per household, based on the most recent data available in the form of the Federal census and study on the population density in the City. There will be a separate Average Population per Dwelling Unit for Single Family and Multi-Family Dwelling Units. The most recent Average Population per Dwelling Unit may be reflected in a City Council Resolution. "Single Family Dwelling Unit" shall mean a detached building designed primarily for the use of one family, or a semiattached building (i.e., side-by-side units separated from the adjacent unit by a ground-to-roof wall) with no more than two distinct dwelling units, each intended for single-family use. "Multi-Family Dwelling Units" shall mean a building containing two or more dwelling units, except those semi-attached buildings identified as a single-family dwelling unit pursuant to this section, not including any second residential units. "Second residential units" mean a second dwelling unit located on the same lot as the primary single-family dwelling unit, either attached or detached from the primary residential dwelling unit, and which provides complete independent living facilities for one or more persons.

"Fair Market Value"

means the estimated per acre value of vacant residential land costs in the City as determined by the City Council based upon receipt sale records or appraisal. The most recent Fair Market Value may be reflected in a City Council Resolution. If the developer objects to such a valuation, the developer, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the City, whose appraisal may be accepted by the City if found reasonable.

"Number of Dwelling Units"

means the number of dwelling units as determined by the City based upon the number of units allowed pursuant to the standards of the City's Zoning Code or as otherwise specified by the City on the property included in the subdivision at the time the tentative map is filed for approval.

"Developer"

shall mean any person who is the owner or authorized agent of an owner of any new development within the City.

"Development project"

means any project undertaken for the purpose of development and includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

"Public facilities"

includes public improvements, public services, and community amenities.

(Ord. 2014-1003, § 3, 2014; Ord. 2015-1014, § 3, 2015)

The revenues raised by payment of these Park and Recreation Impact Fees shall be placed in Section 15.56.050 herein, and such revenues, along with any interest earnings on such separate account, shall be used solely to pay for the City's future acquisition and construction of parkland and improvements at least partially allocable to new development, as identified in the City's General Plan and Park and Recreation Master Plan.

(Ord. 2014-1003, § 3, 2014)

A. Calculation. Park and Recreation Impact Fees shall be imposed on new residential development project at a condition of building permit issuance. The Park and Recreation Impact Fees shall be collected by the City on the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, unless payment at a different time is mandated or authorized by Government Code Section 66007. Park and Recreation Impact Fees shall be paid by the Developer, and shall be calculated in the same manner as fees required by Yorba Linda Municipal Code Section 17.12.025(E)(2), on a per residential unit basis, as follows:

B. Amount of Fee. The amount of the impact fee per Dwelling Unit may be adopted by Resolution of the City Council. The Council may adopt and/or revise the fee amount as often as on an annual basis, and in accordance with Government Code Section 66000 et seq.

C. Exemptions. The Park and Recreation Impact Fees established by this section shall not apply to residential development that is subject to the dedication of parkland or the imposition of in-lieu fees, or a combination of both, for park and recreational purposes, as a condition of approval of a tentative map or parcel map pursuant to Chapter 17.12.025 of this Code, adopted in accordance with Government Code Section 66477, sometimes referred to as the Quimby Act.

(Ord. 2014-1003, § 3, 2014)

There is hereby established and created a fund of the City entitled "Parks and Recreation Impact Fund" and all revenues derived from and all monies collected as a parks and recreation impact fee, including accrued interest thereon, shall be deposited in such fund. The Parks and Recreation Impact Fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of parkland, playgrounds, community facilities, recreation facilities and equipment, and other capital purposes needed for providing parks and recreation services. The Parks and Recreation Impact Fund shall be administered in accordance with Government Code Sections 66000, et seq., including specifically Sections 66001(c)—(e).

(Ord. 2014-1003, § 3)

Any resolution adopted under Chapter 15.56 of this Code shall be in accordance with the provisions of Chapter 5 of Division 1 of Title 7 of the California Government Code (commencing with Section 66000).

(Ord. 2014-1003, § 3)