Chapt 13.08 Amend Park Fee (95)o
Ordinance 1917 Amending Chapter 13.08 of Campbell Municipal Code - Park
Impact Fees and Park Land Dedication - TA 9f~02 (Second Reading/Roll Call Vote)
Second reading of Ordinance 1917 approves an amendment to Chapter 13.08 of the
Campbell Municipal Code entitled Park Impact Fees and Park Land Dedication by
City Council Minutes
clarifying that only the replacement of"legally consmicted units" will qualify a developer
for an exemption or credit under the Park Fee Ordinance.
10.
Transient Occupancy Tax (TOT) Increase Public Meeting
This is the time and place for a public meeting for the purpose of receiving public
testimony regarding the proposed Transient Occupancy Tax increase from 8% to 10%.
Finance Director Conner - Staff Report dated April 18, 1995.
Mayor Burr declared the public hearing open and asked if anyone in the audience wished
to be heard.
There being no one wishing to speak, Mayor Burr closed the public hearing.
No further action was required regarding this item.
Amendment to Chapter 13.08 of Campbell Municipal Code - Park Impact Fees and
Park Land Dedication - TA 95-02 (Introduction of Ordinance/Roll Call Vote)
This is the time and place for a public hearing to consider a City-initiated amendment to
Campbell Municipal Code Chapter 13.08 - "Park Impact Fees and Park Land Dedication
Developments," Section 13.08.020 - "Definitions and Section 13.08.030 - "Requirements."
City Attorney Seligmann - Staff Report dated April 15, 1995.
Mayor Burr declared the public hearing open and asked if anyone in the audience wished
to be heard.
There being no one wishing to speak, Mayor Burr closed the public hearing.
M/S: Watson/Dougherty - to introduce Ordinance 1917 amending Chapter 13.08 of
the Campbell Municipal Code entitled Park Impact Fees and Park Land Dedication
for first reading. Motion adopted by the following roll call vote:
AYES : Councilmembers: Watson, Dougherty, Conant, Burr
NOES : CouncHmembers: None
ABSENT: Councilmembers: Wilkinson
The City Clerk read the title of Ordinance 1917.
M/S: Watson/Conant - that further reading of Ordinance 1917 be waived. Motion
adopted by a 4-0-1 vote, Couneilmember Wilkinson absent
4/18/95 City Council Minutes
Oty
Council
Report
ITEMNO:
CATEGORY:
IVI~G DATE:
10.
Public Hearing
April 18, 1995
1TrLE
Amendment to Chapter 13.08 (Park Impact Fees and Park Land Dedication -
Developments) of the Campbell Municipal Code - TA 05-02
RECOMME~ATION
That the City Council take the following action:
Introduce the attached ordinance amending Chapter 13.08 of the Campbell
Municipal Code for first reading.
Environmental Determination: This amendment does not constitute a project
under CEQA. Consequently, no determination is required.
BACKGROUND
In 1994, the City Council substantially amended the City's Park Fee Ordinance. As
part of the ordinance, deference was granted to persons replacing destroyed
dwellings or developing new structures in place of old units.
More spedfically, Section 13.08.030(B)(3) exempted replacement of destroyed
buildings from the Park Fee, while Section 13.08.110C0) afforded a credit for "legally
constructed" units that are replaced by a new residential development. The term
"legally constructed unit" in turn is defined in the ordinance as a unit that had
existed within the last two (2) years and had received a final building pe,n.it.
Recently, a potential developer has claimed some confusion as to whether Section
13.08.030(B)(3)'s exemption was limited to *'legally constructed units" since, unlike
Section 13.08.110(6), no specific reference to "legally constructed" is made. The
proposed amendment would clarify that only the replacement of "legally
constructed units" will qualify a developer for an exemption or credit under the
Park Fee Ordinance.
FISCAL IMPACTS
None
ALTERNATIVES
1. Do not adopt the amendment to the ordinance. This alternative is not
recommended as it could lend to confusion in the future.
2. Modify the recommended modification to the ordinance.
City Council Report- April 18, 1995
Amendment to Chapter 13.08 of the Campbell Municipal Code - Park Fees
Page 2
Attachments
1. Draft Ordinance
2. Existing Ordinance Sections 13.08.02 and 13.08.030B and Amendments.
PREPARED BY:
William Seligmann, City Attorney
REVIE]A~ED B~ ~ ~~ ~ ~
Steve Piasecki, Community Development Director
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL AMENDING
SECTIONS 13,08,020 AND 13,08,030 REGARDING
PARK IMPACT FEES.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE:
Section 13.08.020 of the Campbell Municipal Code is hereby amended to
read: "13.08.020 Definitions. The terms used in this chapter shall be defined
in Section 20.24.020 of this code, provided that whenever the definition
contains a reference to "this chapter", the reference shall be interpreted as
referring to chapter 13.08 of this code."
SECTION TWO:
Subsection (b) of section 13.08.030 of the Campbell Municipal Code is
hereby amended to read:
(b) Exclusions. The provisions of this chapter are not applicable to
applications for building permits for the following types of
construction activity:
(1) Alterations or expansion of an existing legally constructed
unit where no additional residential units are created;
(2) Accessory buildings or structures which are not suitable for
residential occupancy;
(3) Replacement of a destroyed or partially destroyed
building(s) or structure(s) with a new building(s) or structure(s)
provided:
(i) the number of replacement units does not exceed the
number of destroyed units, or add additional units in excess
of the partially destroyed units; and
(ii) the destroyed or partially destroyed units were legally
constructed units,
(4) Dependant care fadlities.
Ordinance No.
Amendment to Chapter 13.08/Campbell Municipal Code
Page 2
~ECTION THREE
The amendments set forth in this ordinance are adopted solely for
purposes of clarification of existing law, and shall not be construed as a
change of the law.
PASSED AND ADOPTED this 18th day of April, 1995, by the following roll
call vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
NOT PARTICIPATING:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
Donald R. Burr, Mayor
ATTEST:
Anne Bybee, City Clerk
(Note: Deleted language is stricken, new language is underlined)
Sections:
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
13.08.060
13.08.070
13.08.080
13.08.090
13.08.100
13.08.110
13.08.120
13.08.130
13.08.140
Chapter 13.08 Park Impact Fees and Park Land Dedication
Developments
(With Proposed Amendments -- 3/95)
Purpose
Definitions
Requirements
General Standard
Standards and Formula for Dedication of Lane
Persons Per Unit
Determination of Land Dedication or Fee
Amount of Fee In-Lieu of Dedication
Timing of Fee Payment and/or Dedication of Land
Use of Fees and/or Dedicated Land
Credits
Waivers and Appeals
Rules of Construction
Severability
13.08.010 Purpose. This chapter is intended to assist the City of Campbell to
implement the adopted General Plan as it pertains to providing parks and
open space.
13.08.020 Definitions. The terms used in this chapter shall be defined as in
Section 20.24.020 of this Code, provided that whenever the definition
contains a reference to "this chapter," the reference shall be interpreted as
referring to chapter 13.08 of this code.
13.08.030 Requirements.
(A)
Dedication or In Lieu Fee Requirement.
Any developer who proposes to erect or construct any building or
structure for which a building permit is required by the City, shall
dedicate land, pay a fee in-lieu thereof, or both, at the option of the City,
at the time and according to the standards and formula contained in
this chapter, for the establishment and rehabilitation of parks and
recreation facilities within the City. Said fee, dedication of land, or
both shall be a condition to the issuance of any required building
permit for residential construction within the City.
Park Dedication-Developments-Chapter 13.08
Page 2
................ L"' .... ,/·
(B)
The provisions of this chapter are not applicable to the applications for
building permits for the following types of construction activity:
(1)
Alterations or expansion of an existing legally constructed unit
where no additional residential units are created:
Accessory buildings or structures which are not suitable for
residential occupancy:
Replacement of a destroyed or partially destroyed building(s) or
StrUcture(s) with a new building(s) or structure(s) provided:
the number of replacement units does not exceed the
number of destroyed units, or add additional units in excess
of the partially destroyed units; and
(ii) the destroyed or partially destroyed units were legally
constructed units.
(4) Dependent care fadlities.