Chapter 3.36
PARKS AND RECREATION FACILITIES IMPACT FEE
Sections:
3.36.030 Fees and application.
3.36.040 Fees schedule and computation of fee.
3.36.050 Imposition and timing of fees.
3.36.060 Disposition and use of the fees.
3.36.070 Refunds, fee credits, reimbursements—Conditions and limitations.
3.36.010 Intent and purposes.
This chapter is intended to assist in the implementation of the policies of the general plan by providing for adequate public facilities to support orderly development. Further, the purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide for public facilities that serve such development. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.020 Definitions.
A. “Parks and recreation facilities” means equipment and facilities needed to maintain adequate levels of service while accommodating the needs of future development, as identified in the development impact fee study conducted by PMC, dated April 2015, and subsequent capital improvement program.
B. “Impact fee” means a monetary exaction imposed by the city pursuant to this chapter as a condition of or in conjunction with approval of a development project for the purpose of defraying all or some of the city’s cost or repaying costs previously expended from other city funds for capital improvements.
C. “Impose” means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.
D. “New development” or “development project” means any new building, structure or improvement of any parcels of land, upon which no like building, structure or improvement previously existed.
E. “Residential unit” means a single- or multiple-family dwelling unit, consisting of one family per unit. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.030 Fees and application.
This chapter establishes development impact fees, which are imposed as a condition of approval upon all new development projects for which a building permit is issued on or after the effective date of the ordinance codified in this chapter. Those impact fees are hereby established for the following public facilities:
A. Parks and Recreation Facilities and Equipment. These impact fees are established in order to pay for the capital costs of providing parks and recreation services and facilities reasonably related to the needs of new development in the city. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.040 Fees schedule and computation of fee.
A. The city council shall establish by resolution a schedule fee per residential or nonresidential unit, or as applicable, to be imposed on new development, calculated to provide the sum of money necessary to pay the estimated total capital costs of police protection, as identified in the April 2015 development impact fee study approved by council, to serve new development within the urban growth boundary. The amount of the fee shall be determined by resolution adopted by the city council and shall be based on the capital cost per unit or area by general plan land use designation. Following adoption of a fee schedule or a subsequent revised fee schedule, such fee shall become effective sixty days after the date of the adoption thereof by the city council.
B. The schedule of fees shall be those amounts established by resolution of the city council adopted on May 26, 2015, and shall remain in effect until March 1, 2016. Effective March 1, 2016, and each succeeding March 1st thereafter, the schedule of fees may be adjusted in accordance with the following criteria:
1. On January 1st of each year beginning 2016, the director shall review the current National Engineering News Record Construction Cost Index (ENRCCI) for Los Angeles, California. When such index differs from the index for the preceding January 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current January 1st by that pertaining to the previous January 1st. The individual parks and recreation facilities fee rates shall be multiplied by such factor to determine the adjusted schedule of fees.
2. The director shall add to the schedule of fees the parks and recreation facilities rates for new planned parks and recreation facilities in the community established by the city council concurrently with the amendment of the general plan adding thereto such new planned parks and recreation facilities.
3. In the event of the establishment by resolution of the council of a new schedule of fees, the adjustment of such schedule provided in subsection (B)(1) of this subsection shall begin the January 1st occurring after such new schedule has been in effect for twelve months and shall include the period from the date of the adoption of such new schedule to such January 1st.
C. The rates per residential unit or nonresidential units used to compute parks and recreation facilities fee rates levied and collected pursuant to this chapter for parcels of land located in the community shall be those rates set forth in the schedule of fees established by resolution of the city council as set forth in this section.
D. At least once every five years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development, and, if necessary, to update the previously approved fee study to do so. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.050 Imposition and timing of fees.
A. Except as provided in this chapter, the city may impose impact fees as a condition of approval of all new development projects.
B. After an individualized determination that each fee has been calculated as provided in this chapter, the impact fees shall be imposed prior to any development permit for new development.
C. The development impact fee shall be collected at the time and as a condition for issuance of a building permit, except as otherwise provided in Government Code Section 66007 or as provided herein.
D. The payment of parks and recreation facilities impact fees may be deferred until final inspection. In no case shall a certificate of occupancy be issued without the payment of the above-referenced impact fee. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.060 Disposition and use of the fees.
The financial manager shall establish a separate account for each type of facility listed in Section 3.36.030(A). All impact fees collected by the city shall be deposited in the account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account.
Funds deposited in those accounts shall be used only to pay for facilities resulting from new development within the urban development boundary, as defined by the current adopted general plan. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.070 Refunds, fee credits, reimbursements—Conditions and limitations.
If the development for which the impact fees were collected is not constructed, the fees will be returned at the request of the developer, pursuant to limitations by state statute.
A. In the computation of the parks and recreation facilities impact fee payable because of development or division of any parcel of land, a credit shall be allowed for any park land dedication or fee in lieu as set forth in Chapter 16.25. Such credits for actual dedication in lieu of payment or cash expenditures used for park and recreation facilities and not constructed by special assessment proceeding shall be allowed, subject to the following conditions and limitations:
1. Facilities considered for such credits shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed;
2. The director shall certify that such facilities are in conformance with, and beneficial for use in connection with, the planned park and recreation services and facilities installed or to be installed in the community;
3. The credit allowed shall not exceed the cost of such facilities, as determined by the director from actual cost records or by applying estimates of construction costs prevailing at the time such facilities were constructed; provided, that no credit shall be allowed because of public easements, the dedication of which may have been required by the city in conjunction with development or divisions as defined in this chapter;
4. Proof to the satisfaction of the director shall be made by the person claiming the right of such credit hereinunder of the amount of the actual cash expenditures for which credit is claimed;
5. The city shall have acquired ownership of the facilities and/or land without cost;
6. When the facilities for which credit is claimed benefit more than one parcel of land and only a portion of the total allowable credit is claimed, the city may, in the absence of an agreement among the owners of the parcels eligible for such credit, estimate the total cost of the facilities at the time of construction and apportion the total credit allowable for such facilities among the benefiting parcels in a manner that the city, in its sole discretion, shall deem equitable;
7. Except in the case of public agencies, in the event the actual cash expenditures as determined by the director in subsection (A)(3) of this section exceed the total parks and recreation facilities impact fee payable because of the development or division of any parcel of land, the city shall contract with the developer or divider to refund such excess credits to the owner or owners of such parcel or parcels of land for which such expenditures were made. Such refunds shall be paid from parks and recreation facilities fees paid pursuant to subsequent development or division of other parcels of land within the community which are served by the planned parks and recreation facilities for which such refund is due. Such refunds shall be paid to the person or persons owning the parcel or parcels for which such excess credits exist at the time of such refunds. The payment of such refunds is to be made no later than ninety days from the date of transfer to the general fund of the city of the parks and recreation facilities impact fees from which such refunds are to be paid. Should there not be sufficient subsequent parks and recreation facilities impact fees available or should the facilities required to provide the level of parks and recreation service prescribed by law not be available by the date of the refund contract, any remaining obligation of the city to refund such excess credits shall expire. Nothing herein shall preclude the partial payment of such refunds when sufficient funds are determined by the city to be available and all other conditions of this subsection have been met.
B. Credits for assessments previously levied for planned parks and recreation facilities by special assessment proceeding shall be allowed, subject to the following conditions and limitations:
1. Such facilities shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed;
2. The director shall certify that such facilities are in conformance with and beneficial for use in connection with the planned facilities installed or to be installed in the community;
3. The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, which was paid in cash or which became security for a bond or bonds issued in the special assessment proceeding. If one assessment was levied for parks and recreation facilities and other improvements in the same proceeding, the director shall determine, from the engineer’s report in the assessment proceeding, if available, otherwise on cost estimates supplied by the director, the proportion of the assessment attributable for such facilities, and the amount so determined by him shall be the credit allowed.
C. If a parks and recreation facilities impact fee was paid on all or a portion of the parcel of land pursuant to this chapter, a credit shall be allowed equal to the amount previously paid. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.080 Protest.
Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following requirements:
A. Tendering any required payment in full or providing satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition of the fee.
B. Serving written notice of protest on the city council, which notice shall contain all of the following information:
1. A statement that the required payment is tendered under protest.
2. A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis for the protest.
C. Serving the written notice of protest no later than ninety days after the date of the imposition of the fee.
The city council shall consider that protest at a hearing to be held within sixty days after the filing of the protest. The decision of the city council shall be final. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)
3.36.100 Exemptions.
The fees imposed under this chapter shall not apply to the following:
A. Remodeling or alteration of an existing dwelling or building.
B. Additions to an existing dwelling or building that do not cause the site upon which the dwelling or building is situated to be expanded.
C. Only charge nonresidential fees for the portion actually developed. (Ord. 2015-04 § 2 (Exh. A) (part), 2015)