Chapter 18.110
PARK DEVELOPMENT AND RECREATIONAL FACILITIES MITIGATION FEES
Sections:
18.110.030 Area to be benefited and amount of fees.
18.110.050 Limited use of fees.
18.110.010 Findings.
The city council of the city of Calimesa hereby finds and declares that:
A. It is the responsibility of this city to provide and to encourage provisions for recreational opportunities and facilities for all people within this city.
B. When there is proper planning and development, parks, recreation areas, recreational facilities, and historical resource preservation projects contribute not only to a healthy physical and moral environment, but also contribute to the economic betterment of the city, and therefore, it is in the public interest for the city to acquire, develop, or restore areas for recreation, conservation and preservation.
C. The demand for parks, recreation areas, recreational facilities and historical preservation projects is greater than what is presently available.
D. Multifamily residential projects, apartment projects, and other residential construction not subject to the fees specified in Section 66477 of the California Government Code, as well as commercial and industrial construction, create a need for parks, recreation areas, recreational facilities and historical preservation projects equal to or greater than residential subdivisions because of their higher population density and use. [Ord. 91-35; Code 1990 § 6.11.01.]
18.110.020 Purpose.
In order to implement the goals and objections of the proposed general plan of the city and to mitigate the impact caused by new construction or reconstruction, not subject to the fees specified in Section 66477 of the California Government Code, upon parks, recreation areas, recreational facilities, and historical resource preservation projects, new parks, recreation areas, recreational facilities and historical preservation sites must be acquired, constructed and maintained. The city council has determined that park development and recreational facility mitigation fees are needed to finance such acquisitions, construction and maintenance, and pursuant to Section 66018 of the California Government Code held a public hearing which allowed for oral or written presentations to be made, as part of a regularly scheduled city council meeting on November 12, 1991. [Ord. 91-35; Code 1990 § 6.11.02.]
18.110.030 Area to be benefited and amount of fees.
Park development and recreational facility mitigation fees are hereby authorized and the fees established pursuant to this chapter shall be applicable to any project requiring the issuance of a permit for construction or reconstruction which is not subject to the fees specified in Section 66477 of the California Government Code (Quimby Fees). The city council shall, in a council resolution, set forth the specific amount of the fees to be imposed. The resolution shall refer to this chapter and may refer to the park and recreation master plan established for the former County Service Area 74 to establish the reasonable relationship between the fee thus established and the various types of new development. As described in the fee resolution, the park development and recreational facilities mitigation fee shall be paid by each applicant for a building permit, either prior to the issuance of a building permit or prior to the issuance of a certificate of occupancy for commercial, industrial or residential dwelling units. The city council shall, on an annual basis, review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the park development and recreational facility mitigation fees are still needed. [Ord. 91-35; Code 1990 § 6.11.03.]
18.110.040 Exemptions.
No fee provided for in this chapter shall be applicable to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term “substantially equivalent,” as used in this section, shall have the same meaning as the term in subdivision (c) of Section 70 of the California Revenue and Taxation Code. [Ord. 91-35; Code 1990 § 6.11.04.]
18.110.050 Limited use of fees.
The revenue raised by the payment of the fees provided for in this chapter shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, except for temporary investments, shall be used solely for the planning, acquisition, development, construction and maintenance of parks, recreation areas, recreational facilities and historical resource preservation projects. [Ord. 91-35; Code 1990 § 6.11.05.]
18.110.060 Fee adjustments.
Any applicant for a building permit subject to the fees described in this chapter may apply to the city council for a reduction or adjustment of that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the fee or fees and the impact of that development and the amount of the fee charged. The application shall be made in writing and filed with the city clerk not later than:
A. Ten days prior to the public hearing on the development permit application for the project; or
B. If no development permit is required, then the time for application shall be no later than 10 days prior to the application for a building permit.
C. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the application for the building permit or at a separate hearing held within 60 days after the filing of the fee of the application for the adjustment, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. [Ord. 91-35; Code 1990 § 6.11.06.]