Yuba City Municipal Code Ch. 4 Park Acquisition and Development Fees

The Council hereby declares that the fees required to be paid pursuant to the provisions of this chapter are assessed pursuant to the taxing powers of the City and solely for the purposes of producing revenue.

The continued increase in the development of dwelling units in the City with the attendant increase in the population of the City has created an urgent need for the planning, acquisition, improvement, and expansion of public parks, playgrounds, and recreation facilities to serve the increasing population of the City and the means of providing additional revenue with which to finance such public facilities.

(§ I, Ord. 665, eff. August 15, 1973)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Bedroom" shall mean any room within a residential dwelling unit which room is designed to be used for sleeping purposes and contains a closet of sufficient size to hold clothing. One living room with an entry closet shall not be considered a "bedroom" in each residential dwelling unit other than a studio or efficiency apartment.

(b) "Construct" shall mean the putting together, assembling, erecting, or altering of construction materials, components, or modules into a structure, or a portion of a structure, and shall include reconstructing, enlarging, or altering any structure. "Construct" shall also include the moving and locating of a building, or portion thereof, onto a lot or parcel of land and shall also include the improvement of land as a mobile home lot.

(c) "One-family dwelling" shall mean a detached building of permanent character, placed in a permanent location, which building is planned, designed, or used as a residence for one family only living independently of other families or persons.

(d) "Two-family dwelling" shall mean a building of permanent location, which building is planned, designed, or used for residential purposes for two families living independently of each other in independent dwelling units.

(e) "Multiple dwelling" shall mean a building of permanent character, placed in a permanent location, which building is planned, designed, or used for residential purposes for three or more families living independently of each other in independent dwelling units.

(f) "Family" shall mean one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a hotel, club, or fraternity or sorority house.

(g) "Mobile home" shall mean a vehicle, other than a motor vehicle, designed or used for residential purposes for carrying persons and property on its own structure and for being drawn by a motor vehicle.

(h) "Mobile home lot" shall mean any area or portion of a mobile home park designated, designed, or used for the occupancy of one mobile home on a temporary, semipermanent, or permanent basis.

(i) "Mobile home park" shall mean any area or tract of land, established by permit pursuant to the provisions of Health and Safety Code div. 13, pt. 2.1, containing one or more mobile home lots. "Mobile home park" shall not include a "recreational trailer park," "temporary trailer park," or "travel trailer park" as defined in Health and Safety Code div. 13, pt. 2.1.

(j) "Person" shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture club, society, or individual.

(k) "Residential dwelling unit" shall mean a building, or a portion of a building, planned, designed, or used as a residence for one family only living independently of other families or persons and having its own bathroom and housekeeping facilities included in such unit (for example, a one-family dwelling, each unit of a multiple dwelling, and each apartment in an apartment house).

(§ II, Ord. 665, eff. August 15, 1973)

(a) Imposed. A residential development fee is hereby imposed on the privilege of constructing in the City any mobile home lot or residential dwelling unit, and every person to whom a permit to construct any residential dwelling unit in the City is issued, and every person to whom a permit to construct and install electrical and plumbing equipment to service a mobile home lot in a mobile home park in the City is issued, shall pay to the City such tax at the following rates:

(b) Schedule.

(1) New construction.

(i) $75 per each dwelling unit, plus $25 per each bedroom in such dwelling unit;

(ii) $125 per each mobile home park lot; and

(2) Alterations. $25 per each additional bedroom resulting from the enlargement, expansion, remodeling, or alteration of an existing dwelling unit.

(§ III, Ord. 665, eff. August 15, 1973)

The residential development fee required to be paid by the provisions of this chapter shall be due and payable at the time a building permit is issued to construct the development, and the amount of fee imposed for the construction of any mobile home lot shall be due and payable at the time a building permit or other appropriate permit is issued to build such mobile home lot.

(§ IV, Ord. 665, eff. August 15, 1973)

Any fee paid to the City pursuant to the provisions of this chapter for any residential dwelling unit or mobile home lot which is not constructed shall be refunded upon the application of the applicant and a showing to the satisfaction of the Building Official that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been canceled or surrendered or otherwise does not authorize the construction of the building or unit.

(§ V, Ord. 665, eff. August 15, 1973)

The residential development fee shall be paid to the Finance Director or his or her authorized agent at the office of the Finance Department.

(§ VI, Ord. 665, eff. August 15, 1973)

The fees imposed pursuant to the provisions of this chapter shall not apply to the following:

(a) The construction or reconstruction of a residential dwelling unit which was damaged or destroyed by earthquake, fire, flood, or other cause over which the owner had no control (provided that compliance with any Building Code or other ordinance requirement of the City or of any other applicable law shall not be deemed a cause over which the owner has no control), but only if the number of bedrooms in the dwelling unit is increased, then the fee imposed pursuant to the provisions of this chapter shall apply to such increased number of bedrooms;

(b) The enlargement, expansion, remodeling, and/or alteration of a residential dwelling unit but only if the number of bedrooms therein is not increased. If the number of bedrooms in the residential dwelling unit is increased, then the fee imposed pursuant to the provisions of this chapter shall apply to such increased number of bedrooms; and

(c) The construction of a dwelling unit or units on all lots within those subdivisions for which a park and recreation development fee was paid pursuant to the provisions of Section 8-2.513 of this Code and on which building permits were issued prior to August 15, 1973; provided, however, in the event a building permit was issued on any such lot prior to August 15, 1973, and construction thereon was not pursued within the time provided for in the Uniform Building Code, or, if once commenced, thereafter was suspended for the period provided for in the Uniform Building Code, resulting in an expiration of such building permit and thereafter requiring the issuance of a new building permit for construction on such lot, such construction on such lot shall not be exempt hereunder but will be subject to the park acquisition and development fee imposed by this chapter to which an appropriate credit will be allowed as provided in subsection (c) of Section 9-4.09 of this chapter.

(§ VII, Ord. 665, eff. August 15, 1973)

All of the residential development fees collected pursuant to the provisions of this chapter shall be placed in a special account which is hereby created and established for such purpose.

Fees collected pursuant to the provisions of this chapter shall be used and expended solely for the development, improvement, and/or expansion of existing public park, playground, and recreational facilities; and for the development of any new public park, playground, and recreational facilities constructed or installed within or upon public property owned by the City or upon property in which the City has a leasehold interest or where the City is given a right to use the property for public playground or recreational purposes; and for the acquisition of properties for public park, playground, or recreational facilities.

(§ VIII, Ord. 665, eff. August 15, 1973)

(a) Credit for the dedication of land. The Council may accept the dedication of land for public park and recreation purposes in lieu of the payment of all or some portion of the residential development fee that is due. Land to be dedicated shall be certified by the Planning Commission as meeting the requirements of the Park and Recreation Element of the General Plan of the City. The amount of land to be dedicated, the amount of credit to be given, and the terms and conditions, if any, shall be determined by the Council.

(b) Credit for major recreational facilities. When a person's master plan of development allocates space for a major recreational facility to serve three or more residential dwelling units, such as, but not limited to, a swimming pool, tennis court, recreational building or center, recreational facility area, developed open space, or combination of any of the above, such dwelling units may be credited with some portion of the fee otherwise required by the provisions of this chapter but not to exceed 45% of such fee. The size, quality, and design of such facility which will entitle such dwelling units to a credit on the fee otherwise required and the amount of such credit shall be as set forth by resolution of the Council in implementation of the provisions of this section.

(c) Credit for the payment of the subdivision acreage fee. A dwelling unit or units for which a building permit was not issued as of August 15, 1973, and for which a unit or units are to be constructed on a lot located within a subdivision for which an acreage fee was paid pursuant to the provisions of Section 8-2.513 of this Code shall be entitled to a pro rata credit on the park acquisition and development fee imposed by this chapter, which credit shall be determined in the following manner: The total acreage fee paid for such subdivision shall be divided by the total lots within such subdivision, and the resulting quotient shall be credited against the fee otherwise required by the provisions of this chapter to the dwelling unit or units to be constructed on that lot.

(§ IX, Ord. 665, eff. August 15, 1973)