Chapter 3.50
PARK FACILITIES IMPACT FEE

Sections:

3.50.010    Findings and intent.

3.50.020    Purpose.

3.50.030    Definitions.

3.50.040    Establishment of a park facilities impact fee.

3.50.050    Exemptions.

3.50.060    Determination of required fees.

3.50.070    Payment of fees.

3.50.080    Park facilities fee fund and accounting.

3.50.090    Fee adjustments.

3.50.100    Fee refunds.

3.50.110    Fees in effect when fee is paid.

3.50.010 Findings and intent.

The city council hereby finds and declares that:

A.    New development increases demand on existing park facilities and creates 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 development 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 Foster City general plan and Section 66000 et seq. of the California Government Code (the “Mitigation Fee Act”). (Ord. 650 § 1 (Att. 1), 2022)

3.50.020 Purpose.

The purpose of the park facilities 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 related to new development and ensure that new development pays for its fair share of park and recreational facilities. (Ord. 650 § 1 (Att. 1), 2022)

3.50.030 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows:

A.    “Certificate of occupancy” as used in this chapter, has the same meaning as in California Government Code Section 66007(e).

B.    “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.

C.    “Park facilities fee” shall mean the mitigation fee imposed on new development for the purpose of funding park and recreational facilities related to new development.

D.    “New development” shall mean all new building construction, conversion to a use that intensifies existing park facilities demands, and any other new construction that creates additional impacts on park facilities. New development shall include new residential and nonresidential development.

E.    “Building permit” includes full structural building permits as well as partial permits such as foundation-only permits or tenant improvements. (Ord. 650 § 1 (Att. 1), 2022)

3.50.040 Establishment of a park facilities impact fee.

Except as otherwise provided in this chapter, developers of new development shall pay a park facilities 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. 650 § 1 (Att. 1), 2022)

3.50.050 Exemptions.

The following types of development shall not be required to pay a park facilities fee:

A.    Alterations, renovations or expansion of an existing building or structure that do not add new square footage or dwelling units or intensify an existing use.

B.    Replacement of building square footage or dwelling units on the same lot that does not add new square footage or dwelling units or intensify an existing use.

C.    The replacement of a destroyed or partially destroyed or damaged building or structure that does not add new square footage or dwelling units or intensify an existing use. (Ord. 650 § 1 (Att. 1), 2022)

3.50.060 Determination of required fees.

A.    The community development 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.

B.    The park facilities 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. 650 § 1 (Att. 1), 2022)

3.50.070 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 new development project, unless the developer of a 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 or adds additional square footage or dwelling units to an existing building, thereby requiring the payment of a new or additional park facilities 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 community development director; provided, however, that in no event shall the city refund the fees previously paid. (Ord. 650 § 1 (Att. 1), 2022)

3.50.080 Park facilities fee fund and accounting.

A.    Park Facilities Fee Fund. Fees collected pursuant to this chapter shall be deposited in the park facilities fee fund, and shall be segregated and used and expended for the creation of park facilities related to new development. Any interest accrued by the account shall be used solely for the purpose of funding park facilities.

B.    Park Facilities Fee Accounting. The city shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq. (Ord. 650 § 1 (Att. 1), 2022)

3.50.090 Fee adjustments.

Any person subject to a fee required by this chapter may apply to the community development director, or the director’s designee, for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant’s 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 community development director, not later than ten days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the community development director, or the director’s designee, 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 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, 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 Community Development Director. The community development director, or the director’s designee, shall issue a decision on the application within thirty days after the application is filed with the community development department. The community development director’s, or the director’s designee’s, decision shall state his or her determination regarding the amount of the park facilities 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 Community Development Director. Decisions of the community development director, or the director’s designee, may be appealed to the city manager. Appeals must be filed within ten days of the community development director’s, or the director’s designee’s, decision. The city manager shall review the application and evidence presented to the community development director and issue a decision within fifteen days. The decision of the city manager is final and may be appealed or protested pursuant to Government Code Section 66020. (Ord. 650 § 1 (Att. 1), 2022)

3.50.100 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 ninety 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. 650 § 1 (Att. 1), 2022)

3.50.110 Fees in effect when fee is paid.

Unless otherwise required by law, 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 fee is paid. (Ord. 650 § 1 (Att. 1), 2022)