The city council finds and declares that the purpose of this chapter is as follows:
A. 
The general plan of the city requires that the city be provided, in a time frame related to its development, with an adequate level of city-wide park and recreation facilities so as to maintain five acres of developed city-wide parks per 1,000 population.
B. 
New development, and the expansion of existing development, within the city imposes a burden on the existing park and recreation facilities by adding additional population and by creating a need for new city-wide park and recreation facilities.
C. 
Analysis of the land use expected at buildout of the city pursuant to the general plan makes it possible to estimate the number of dwelling units to be generated, and the population generated by those dwelling units. It is therefore possible to construct a fee, based on dwelling unit generation, which equitably spreads the burden of city-wide park and recreation facilities to those who will create the need for them and utilize them. It is the intent of this chapter to create such a fee, spreading costs of city-wide park and recreation facilities to those who create the need for such facilities, without generating any surplus to the general fund. It is the further purpose of this chapter to implement the general plan by assuring that adequate city-wide park and recreation facilities are financed and provided to serve the city.
D. 
The fee established by this chapter has been calculated in a manner so as to pay for those facilities as are shown and listed in the comprehensive parks and recreation master plan.
E. 
During development and approval of development agreements for the Southeast, Northeast, Northwest, and Northcentral specific plan areas, five acres of city-wide park land per 1,000 population was or will be dedicated to the city without cost. The credit provided by Section 4.38.060 represents the pro-rate value of the land dedicated in those areas.
F. 
The fee established by this chapter is in addition to any other fees or charges, or taxes, required by law as a condition of development, including, but not limited to, the neighborhood and community park fee levied by Chapter 4.37 of this title.
G. 
The fee established by this chapter is to be collected for public improvements and facilities for which an account has been established and funds appropriated, and for which a proposed construction schedule has been adopted.
H. 
That the failure to impose the conditions and regulations of this chapter relating to payment of the fee on building permits would jeopardize residents of the community, in that it would permit construction and development to proceed without adequate city-wide park and recreation infrastructure or means of financing said infrastructure.
I. 
The requirement of this chapter to pay the fee is necessary in order to assure compliance with the applicable Zoning Ordinance and general plan requirements for the city-wide park and recreation infrastructure funded by this chapter.
J. 
That for a period of greater than 10 days prior to adoption of this chapter, data has been available to the public, and to developers and their representatives, indicating the cost or estimated cost of all the infrastructure to be funded, the revenue sources anticipated and the means of spreading these costs.
K. 
That the city council has considered the effect of the fee imposed by this chapter with respect to the housing needs of the city as a whole and of the region, particularly as required by the housing element of the general plan, and the city council finds that this chapter does not unduly adversely affect the city’s ability to provide for such needs.
L. 
That the establishment of the fee is for the purpose of obtaining funds for capital projects, necessary to maintain service required by the general plan within existing service areas and existing portions of the city which are developed or for which land use has already been granted.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989; Ord. 2988 § 1, 1996)
The following words are defined for purposes of this chapter as follows:
“Building permit”
means the permit issued or required by the city for the construction of any dwelling unit pursuant to and as defined by the building code.
“City-wide park fund”
means the special interest-bearing fund established pursuant to Section 4.38.030.
“Credit”
means a reduction in the fee representing the pro-rata share of city-wide park lands already dedicated during approval or development of a development agreement for a specific plan.
“Department”
means the department of parks and recreation.
“Director”
means the director of the department.
“Dwelling unit”
means a building or part of a building designed for occupancy as a residence by one family.
“Facilities”
means those park and recreation facilities, land, improvements, or infrastructure located in Maidu Park, Mahany Park, Barn Park or Parcels 54 and 56 of the Northcentral Roseville specific plan area and included in the comprehensive parks and recreation master plan adopted by Resolution No. 95-135, as such master plan may be amended from time to time.
“Fee” or “city-wide park fee”
means the fee established by this Chapter 4.38. The fee shall be collected prior to the approval of any building permit. The fee shall be used solely to finance the facilities.
“Multiple family dwelling”
means a building designed for occupancy as a residence by two or more families, living independently of each other; provided that multiple family dwelling also includes forms of congregate living, including, without limitation, senior citizen homes, retirement homes, or boarding homes.
“Single-family dwelling”
means a building designed for occupancy as a residence by one family, including without limitation, mobile homes.
“Study”
means both the study entitled “Proposed City-Wide Park Fees” dated March 3, 1989 and the study entitled “Increase of the City-Wide Park Fee” dated March 14, 1991 by the director. The study is on file in the offices of the director and the city clerk.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989; Ord. 2424 § 1, 1991; Ord. 2988 § 2, 1996)
The finance director is directed to establish a special interest-bearing fund entitled the city-wide park fund. All fees collected pursuant to this chapter shall be deposited in the city-wide park fund and shall be expended solely to finance the planning, administration, acquisition, construction and development of the facilities.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989)
Except as otherwise provided by this chapter, the fee imposed pursuant to this chapter shall be paid upon the issuance of any building permit for a dwelling unit. Calculation of the fee shall be determined in accordance with the study and this chapter depending upon the type of development and the extent of development.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989; Ord. 2637 § 2, 1992)
The fee shall be:
Land Use Category
Amount of Fee
(per dwelling unit)
Residential, Single-Family Dwelling
$1,195.50
Residential, Multiple-Family Dwelling
$1,195.50
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989; Ord. 2424 § 1, 1991)
The amount of the fee in Section 4.38.050 shall be reduced by the amount of the credit provided for in this section for those dwelling units within the Southeast, Northeast, Northcentral, and Northwest specific plan areas where the approval of the dwelling unit was a part of a development agreement entered into by the city as a result of which five acres or more of city-wide parkland per 1,000 population has been or is obligated to be dedicated to the city without cost, as follows:
Land Use Category
Amount of Fee
(per dwelling unit)
Residential, single-family dwelling
$372.00
Residential, multiple-family dwelling
$372.00
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989)
No fee shall be charged for already existing development or for projects which rebuild or remodel without increasing the number of dwelling units.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989)
A. 
A developer of any project subject to the fee established by this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 20 calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his or her decision in writing not later than 45 calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within 20 calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals for a project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this section has been made.
B. 
Notwithstanding the provisions of subsection A of this section, a project proponent or applicant may pay the fee “under protest” and receive a building permit. Provided, however, that the application for reduction or adjustment shall thereafter be filed within 10 calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant to this section is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
C. 
The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or the facilities to be financed by the fee, and the particular project.
D. 
In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning, or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning, or land use designation, whether or not a building permit is required.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989)
The Construction Cost Index (CCI) inflationary fee adjustment shall become effective July 1, 2012. The fee established by this chapter shall be adjusted annually July 1st beginning on July 1, 2011 by a percentage equal to the adjustment rate for the prior year for construction costs as determined by the director in the preceding June. The director’s determination shall be based upon averaging the Construction Cost Index (CCI) for 20 cities and for San Francisco, as published in the Engineering News Record publication for the preceding 12 months ending in May. The resultant fee shall be rounded to the nearest dollar figure.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989; Ord. 3952 § 2, 2003; Ord. 4739 § 2, 2009; Ord. 4854 § 2, 2010; Ord. 4947 § 2, 2011)
When the moneys in the city-wide park fund are disbursed for use, the fees shall be used to finance the planning, administration, acquisition, construction and development of the facilities. To the extent sufficient fees are available, all facilities financed by the fees shall be constructed or acquired in accordance with the priorities established in the capital improvement program.
(Ord. 2200 § 1, 1989; Ord. 2208 § 1, 1989)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.
(Ord. 2200 § 1, 1989; Ord. 2008 § 1, 1989)