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
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