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CC Ordinance 1804{ r ,. ORDINANCE NO.. 1804 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT FOR PROVIDING NEW PARKS AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; AND AMENDING THE CITY CODE. The City Council of the City of Campbell does ordain as follows: Section One: Legislative Findings 1. The City must expand its park system in order to maintain current park standards if new development is to be accommodated without decreasing current standards, in order to promote and protect the public health, safety and welfare; 2. The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development, which must be done in order to promote and protect the public health, safety and welfare; 3. There is a reasonable relationship between the fee's use and the type of development on which it will be imposed in that all new residential development will create demand for the acquisition or expansion of parks and the construction of park improvements whether, or not such development includes a subdivision; 4. There is a reasonable relationship between the use of the fees established by this act and the type of development project on which the fees will be imposed, in that the fees shall be used to acquire or expand parks and construct park improvements to satisfy the demand for park services created by new residential development; 5. The fees established by this act are derived from, are based upon, and do not exceed the costs of providing additional park and park improvements necessitated by the new land developments for which the fees are levied; 5. The methodology for determining the amount of the fee established in Sections 20.26 sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs for additional parks and park improvements in the City of Campbell; Section Two: Amendment to Municipal Code Title 20 of the Campbell Municipal Code, Revised, shall be amended by adding Chapter 20.26 to read as follows: Chapter 20.26 Park Impact Fees 20.26.010 Purpose and Intent: A. This ordinance is intended to assist in the implementation of the General Plan of the City of Campbell; B. The purpose of this ordinance 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 parks and park improvements in the City of Campbell. 20.26.020 Use of Fees; The revenue raised by payment of the fees imposed by this Chapter shall be used to provide the parks and park improvements specified in the General Plan of the City of Campbell. 20.26.030 Imposition of Park Development Fees; A. Any person who, after the effective date of this Ordinance, seeks to develop land within the City of Campbell, by applying for a building permit for a new residential unit is hereby required to pay a park impact fee in the manner and amount set forth in this Chapter. B. No final inspection or Certificate of Occupancy shall be issued for any residential building unless and until the park impact fee hereby required has been paid. 20.26.040: Computation of the Amount of Park Impact Fees A. The amount of the fee shall be determined by the following formula: Park Fee = (# of dwelling units) x (# of people/dwelling unit) x (2.26 Acres/1,000 people) x Fair Market Value/Acre. B. For purposes of the formula: 1. The number of people per dwelling unit shall be determined by the most recent available federal census, or a census taken pursuant to Chapter 17 of Part 2 of Division 3 of Title 4 of the California Government Code as determined by the Planning Director; 2. The "Fair Market Value per Acre" shall be the fair market value per acre of all residential land within the City taken as a whole, as determined annually by the Director of Public Works; C. If the developer objects to the fair market value determination of the Public Works Director, the developer may appeal the determination pursuant to section 20.26.070 of this Chapter. D. In the case of change of use, redevelopment, or expansion or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. 20.26.050: Payment and Use of Fee A. The park impact fee required by this ordinance shall be paid prior to the issuance of a final inspection or Certificate of Occupancy, whichever comes first. B. All funds collected shall be properly identified and promptly transferred for deposit in the special fund created in Section 20.24.050 of the Campbell City Code. C. Funds collected from these park impact fees shall be used solely for the purposes of acquiring and/or making capital improvements to parks. D. The City Council shall make findings once each fiscal year, prior to July 1, with respect to any portion of the fee remaining uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. E. Except as provided in subdivision (F) the City shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis the uncommitted portion of the fee and any interest accrued thereon for which need cannot be demonstrated pursuant to subdivision (D). F. If the administrative costs of refunding unexpended or uncommitted revenues pursuant subdivision (E) exceed the amount to be refunded, the City, after a public hearing, notice of which has been published pursuant to Section 6061 of the California Government Code and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and which serves the project on which the fee was originally imposed. 20.26.060: Exemptions and Credits A. The following shall be exempted from payment of the impact fee: 1. Alterations or expansion of an existing building where no additional residental units are created and where the use is not changed. 2. The construction of accessory buildings or structures. 3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use. 4. The construction of any non-residential building or structure. 5. The project is subject to the dedication or fee provisions of Chapter 20.24 of this Code. 2. Credits. Where private open space for park and recreational purposes is provided in a proposed development and such space is to be privately owned and maintained by the future residents of the development, a partial credit, not to exceed fifty percent, may be given against the requirement of payment of fees if all the following standards are met: (1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and (2) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and (3) That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without consent of the City or its successor; and (4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and (5) The facilities proposed for the open space are in substantial accordance with the provisions of the open space and conservation element of the General Plan; and (6) That the open space for which credit is given provides a minimum of five of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area: Acres (A) Children's play appartus area .50 to .75 (B) Landscape park -like and quiet areas .50 to 1.00 (C) Family picnic area .25 to .75 (D) Game court area .25 to .50 (E) Turf playfield 1.00 to 3.00 (F) Swim pool (42' x 75' with adjacent deck) and lawn areas .25 to .50 (G) Recreation center building .15 to .25 Before credit is given, the Community Services Director shall make written findings that the above standards are met. 20.26.070: Appeals A. The developer of a project subject to a fee pursuant to this Chapter may appeal to the City Council for a reduction or adjustment to that fee, or a waiver of that fee on any of the following grounds: 1. The absence of any reasonable relationship between the need for the park facilities and the impacts of the development; 2. The absence of any reasonable relationship between the fee's use and the impacts of the development; 3. The absence of a reasonable relationship between the amount of the fee and the cost of the park facilities; or 4. The determination of the fair market value of residential property in the City by the Public Works Director is unreasonable. B. The application for appeal shall be made in writing with the City Clerk not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. C. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, 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. 20.26.090: Rules of Construction A. The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. B. In case of any difference of meaning or implication between the text of this ordinance and Section 20.24 of the City Code this ordinance shall control. 20.26.090: Review The methodology and formula for calculating the amount of the park impact fee as contained in this ordinance and Section 20.24 of the City Code shall be reviewed by the City Council at least once each fiscal biennium. 20.26.100: Severability If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section Three: Effective Date This ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this _ 3rd day of _ dull1990 by the following roll call vote: AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED ATTEST: J6iG Ashworth, Mayor Attachment PARKLAND DEDICATION FEES 6/10/90 (QUIMBY ACT) LAND AREA USE OCCUPANCY DEDICATION LAND AGENCY CATEGORY RATE REQUIREMENT VALUATION FEE/UNIT CAMPBELL(exist) All 2.3 2.26 acres/ $522,720/acre $2,717 (except developments 1000 w/o subdivision) CAMPBELL(prop) All 2.3 2.3 acres/1000 $875,000/acre $4,548 GILROY Residential 3.1 5 acres/1000 Comm.& Indust. $40,000/acre $1K 1st bdrm $300 ea. add. bdrm $.10 sq.ft. LOS ALTOS Single Family 3.0 5 acres/1000 $300,000/acre $4,500 Condominium 1.8 5 acres/1000 $300,000/acre $2,700 MORGAN HILL Single Family 3.36 3 acres/1000 $1,091,270/acre $11,000 Multi Family 2.94 3 acres/1000 MILPITAS Single Family 3.184 5 acres/1000 $350,000/acre $5,500 CUPERTINO Det. Single Fam. 3.5 3 acres/1000 $1,500,000/acre $15,750 Duplex, med low 2.0 if " $ 9,000 Cluster, medium 2.0 " " $ 9,000 Cluster, med.high 1.8 " " $ 8,100 Apartments 1.8 " " $ 8,100 Elderly housing 1.0 " " $ 4,500 SARATOGA Single Family 3.23 3 acres/1000 $518,826/acre $5,027 Multi Family 1.81 Is if $2,817 f:pklndfees