Chapter 5.39
PARKLAND IMPROVEMENT IMPACT FEE
Sections:
5.39.040 Establishment of a parkland improvement impact fee.
5.39.060 Determination of required fees.
5.39.080 Parkland improvement fee fund and accounting.
5.39.110 Fees in effect when application complete.
5.39.010 Findings and intent.
The city council hereby finds and declares that:
A. New residential dwelling units increase demand on existing park facilities and create the need for expanded or new facilities to serve new development. The purpose of this chapter is to enable the collection of mitigation fees to be used for the purpose of developing new or expanding existing park facilities.
B. It is the city’s intent and desire to require that new, nonsubdivided residential developments contribute their fair share toward the purchase, development and/or improvement of park facilities.
C. The imposition of impact fees is one of the customary methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development in order to promote and protect the public health, safety and welfare.
D. The provisions of this chapter are enacted pursuant to the city of Benicia general plan and Section 66000 et seq. of the California Government Code (the “Mitigation Fee Act”). (Ord. 21-01 § 3 (Att. 3)).
5.39.020 Purpose.
The purpose of the parkland improvement impact fee is to fund the creation and improvement of park facilities, including, but not limited to, the planning, designing, developing, and improving of existing and newly acquired park facilities reasonably necessary to serve new development and ensure that new development pays for its fair share of park and recreational facilities. (Ord. 21-01 § 3 (Att. 3)).
5.39.030 Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
A. “Building permit” means a “building permit” as defined in Chapter 15.04 BMC.
B. “Certificate of occupancy,” as used in this chapter, has the same meaning as in California Government Code Section 66007(e).
C. “Dwelling unit” means a “dwelling unit” as defined in Chapter 17.12 BMC.
D. “Park facilities” shall mean any public improvements deemed necessary by the city to develop, improve or expand land and facilities for park and recreational purposes. Such improvements may include, but are not limited to: grading; landscaped areas for active and passive recreational use, trails and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by state law or approved by the city.
E. “Parkland improvement fee” shall mean the mitigation fee imposed on new development for the purpose of funding park and recreational facilities reasonably necessary to serve new development.
F. “New development” shall mean all new residential building construction that creates one or more additional, nonsubdivision, residential dwelling units. (Ord. 21-01 § 3 (Att. 3)).
5.39.040 Establishment of a parkland improvement impact fee.
Except as otherwise provided in this chapter, developers of nonsubdivision residential development projects shall pay a parkland improvement fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed and demonstrates the reasonable relationship between the need for park facilities and the type of development projects on which the fee will be imposed. (Ord. 21-01 § 3 (Att. 3)).
5.39.050 Exemptions.
The following types of development shall not be required to pay a parkland improvement fee:
A. Alterations, renovations or expansion of an existing residential building or structure where no new dwelling units are created.
B. Replacement of existing dwelling units on the same lot resulting in no net increase of residential dwelling units.
C. The replacement of a destroyed or partially destroyed or damaged building or structure where no additional dwelling units are created.
D. Nonresidential development. (Ord. 21-01 § 3 (Att. 3)).
5.39.060 Determination of required fees.
A. The public works director, or the director’s designee, shall be responsible for determining the fees required by this chapter. This determination shall be made at the time of application for the building permit for the dwelling unit.
B. The parkland improvement fee may be modified automatically on an annual basis in accordance with the change in the Engineering News Record (“ENR”) construction cost index for the San Francisco area. This adjustment shall not require any action of the city council. (Ord. 21-01 § 3 (Att. 3)).
5.39.070 Payment of fees.
A. The fees required by this chapter from a developer shall be paid at the time the city issues a building permit for each development project, unless the developer of a nonsubdivision residential development enters into an agreement with the city to pay the fees at the time the certificate of occupancy is issued, pursuant to Government Code Section 66007(c). An agreement to defer payment until the issuance of a certificate of occupancy must be executed and recorded before the city will issue a building permit for the development project.
B. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional parkland improvement fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid. (Ord. 21-01 § 3 (Att. 3)).
5.39.080 Parkland improvement fee fund and accounting.
A. Parkland Improvement Fee Fund. Fees collected pursuant to this chapter shall be deposited in the parkland improvement fee fund, and shall be segregated and used and expended for the creation of park facilities reasonably necessary to serve new development. Any interest accrued by the account shall be used solely for the purpose of funding park facilities.
B. Parkland Improvement Fee Accounting. The city shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq. (Ord. 21-01 § 3 (Att. 3)).
5.39.090 Fee adjustments.
Any person subject to a fee required by this chapter may apply to the public works director for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant’s residential development project on park facilities in the city and the amount of the fee charged.
A. Application. An applicant shall file a written request to adjust fees with the public works director not later than 10 days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus with the impact of the development on the need for park facilities within the city and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a building permit prior to the completion of the appeal process, the applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.
B. Decision of the Public Works Director. The public works director shall issue a decision on the application within 30 days after the application is filed with the public works department. The public works director’s decision shall state his or her determination regarding the amount of the parkland improvement fee that may reasonably be imposed on the new development and include a brief description of the basis for the director’s decision.
C. Appeal of the Decision of the Public Works Director. Decisions of the public works director may be appealed to the city manager. Appeals must be filed within 10 days of the public works director’s decision. The city manager shall review the application and evidence presented to the public works director and issue a decision within 15 days. The decision of the city manager is final and may be appealed or protested pursuant to Government Code Section 66020. (Ord. 21-01 § 3 (Att. 3)).
5.39.100 Fee refunds.
Upon application, fees collected by the city pursuant to this chapter shall be refunded under the following circumstances:
A. Fees collected pursuant to this chapter are erroneously or illegally collected.
B. The building permit expires, and no extension has been granted, for the development project upon which fees were imposed pursuant to this chapter. An application for refund pursuant to this subsection (B) shall be filed with the community development director no later than 90 days after expiration of the building permit. The amount of refund shall be reduced by an amount to cover the cost to the city for processing the refund. (Ord. 21-01 § 3 (Att. 3)).
5.39.110 Fees in effect when application complete.
The amount of the fees to be paid under this chapter shall be in the amount of the fee in effect at the time the development application is deemed complete. (Ord. 21-01 § 3 (Att. 3)).