The city council finds and determines that in order to provide sufficient funding to achieve the city’s goal of maintaining park service levels and providing adequate parks and recreational services and facilities to residents of the city, in accordance with the standards established in the general plan, parks and recreation master plan, and other applicable plans and regulations, development projects identified in Section 8.67.050 below shall pay a parkland acquisition fee and a park construction fee as outlined in this chapter, and in order to mitigate the impacts of these development projects on parks and recreational services and facilities in the city.
(a)
The
specific purpose of the parkland acquisition fee is to mitigate the
impact of development projects by collecting sufficient funds to acquire
property in the city and provide three acres of parkland per one thousand
residents and one-half acres of parkland per one thousand new employees.
(b)
The
specific purpose of the park construction fee is to mitigate the impact
of development projects on park facilities by collecting sufficient
funds to construct adequate park facilities and improvements in the
city, refurbish and expand existing facilities to maintain existing
levels of service, and provide three acres of improved parkland per
one thousand residents and one-half acre of improved parkland per
one thousand new employees.
(Ord. 1520 § 1, 2016; Ord. 1537 § 1, 2017; Ord. 1580 § 2, 2019)
(a)
Parkland
Acquisition Fee. The city council finds and determines that:
(1)
There is a reasonable relationship between the parkland acquisition
fee and the type of development projects to which the fee is imposed
because the development projects that are subject to the fee outlined
in this chapter will place additional demands on park and recreational
facilities in the city. The parkland acquired with the proceeds of
this fee will address and mitigate the additional impacts created
by these development projects.
(2)
There is a reasonable relationship between the need for the additional
parkland and the type of development projects subject to the fees
outlined in this chapter because these development projects will attract
additional residents and employees to the city that will place a greater
demand on park and recreational land. The parkland acquired with the
proceeds of this fee will serve those new residents and employees.
(3)
There is a reasonable relationship between the amount of the fee and the cost of providing the parkland attributable to the types of development upon which the fee is imposed because, pursuant to Section 8.67.070 below, the fee is calculated by apportioning the cost of acquiring the required additional parkland to the number of residents projected to reside in each type of new residential unit or by apportioning the cost of acquiring the additional parkland to the number of employees projected to be generated by non-residential development projects.
(b)
Parks
Construction Fee. The city council finds and determines that:
(1)
There is a reasonable relationship between the park construction
fee and the type of development projects to which the fee is imposed
because the development projects that are subject to the fee outlined
in this chapter will place additional demands on park and recreational
facilities in the city and the park facilities constructed with the
proceeds of the fee will address and mitigate the additional impacts
created by these development projects.
(2)
There is a reasonable relationship between the need for the additional
park facilities and the type of development projects subject to the
fee outlined in this chapter because these development projects will
attract additional residents and employees to the city that will place
a greater demand on parks and recreational facilities and the park
facilities constructed with the proceeds of this fee will serve those
new residents and employees.
(3)
There is a reasonable relationship between the amount of the fee and the cost of providing the parks and recreational facilities attributable to the type of developments upon which the fee is imposed because, pursuant to Section 8.67.070 below, the fee is calculated by apportioning the cost of constructing the additional park facilities to the number of residents projected to reside in each type of new residential unit or by apportioning the cost of constructing the additional park facilities to the number of employees projected to be generated by nonresidential development projects.
(Ord. 1520 § 1, 2016; Ord. 1537 § 1, 2017)
The city council finds and determines that the public interest,
convenience, health, welfare, and safety require that three acres
of property and improvements, for each one thousand persons residing
within the city, and one-half acre of property and improvements, for
each one thousand persons employed within the city, be devoted to
parks and recreational purposes.
(Ord. 1520 § 1, 2016; Ord. 1537 § 1, 2017)
(a)
The
parkland acquisition fee and park construction fee are hereby established,
pursuant to California Government Code Section 66000 et seq.
(b)
Payment of the parkland acquisition fee and park construction fee shall be imposed as a condition of development for every type of development project specified in Section 8.67.060.
(c)
The
parkland acquisition fee and park construction fee shall be charged
to and paid by each development subject to the fees, as follows:
(1)
Nonresidential Development. The fees shall be charged and paid for
a non residential development when the building permit is issued for
construction of such building or structure.
(2)
Single-Family Residential Development. The fees shall be charged
and paid for any single family residential development (constructed
or to be constructed on land with a dwelling unit designed for occupancy
by one household and located on a separate lot from any other unit)
upon the date of final inspection or issuance of the certificate of
occupancy, whichever occurs first. However, if the fees are to reimburse
the city for expenditures previously made, or if the city determines
that the fees will be collected for improvements for which an account
has been established and funds appropriated and for which the city
has adopted a proposed construction schedule prior to issuance of
the building permit for such residential development, then the fees
shall be charged and paid upon issuance of the building permit for
such development. With respect to a residential development proposed
by a nonprofit housing developer in which at least forty-nine percent
of the total units are reserved for occupancy by lower income households
(as defined in Health and Safety Code Section 50079.5) at an affordable
rent (as defined in Health and Safety Code Section 50053), the payment
procedures described in Government Code Section 66007(b)(2)(A) (B)
shall apply.
(3)
Multifamily Development. For any residential development not included
in subsection (c)(2) above, the fees shall be charged and paid for
on a lump-sum basis when the first dwelling in the development receives
its final inspection or certificate of occupancy, whichever occurs
first. However, if the fees are to reimburse the city for expenditures
previously made, or if the city determines that the fees will be collected
for improvements for which an account has been established and funds
appropriated and for which the city has adopted a proposed construction
schedule prior to issuance of the building permit for such residential
development, then the fees shall be charged and paid upon issuance
of the building permit for such development. With respect to a residential
development proposed by a nonprofit housing developer in which at
least forty nine percent of the total units are reserved for occupancy
by lower income households (as defined in Health and Safety Code Section
50079.5) at an affordable rent (as defined in Health and Safety Code
Section 50053), the payment procedures described in Government Code
Section 66007(b)(2)(A) and (B) shall apply.
(Ord. 1520 § 1, 2016; Ord. 1612 § 2, 2020)
(a)
Parkland
Acquisition Fee. The following types of developments shall be required
to pay the parkland acquisition fee established pursuant to this chapter:
(b)
Park
Construction Fee. All residential and nonresidential development projects
shall be required to pay the park construction fee pursuant to this
chapter.
(c)
A
development project shall pay the applicable parkland acquisition
fee and park construction fee in effect at the time of approval of
the project, unless another date is agreed to in writing by mutual
consent of the parties.
(Ord. 1520 § 1, 2016; Ord. 1537 § 1, 2017; Ord. 1580 § 2, 2019)
(a)
In calculating the parkland acquisition fee for residential development pursuant to subsection (b) and parks construction fee for residential development pursuant to subsection (c) of this section, the city will use the data contained in Formula Table 8.67.060(a) below. In calculating the parkland acquisition fee for nonresidential development pursuant to subsection (d) and parks construction fee for non-residential development pursuant to subsection (e) of this section, the city will use the data contained in Formula Table 8.67.060(b) below.
|
Table 8.67.060(a)
Parkland Acquisition and Parks and Recreation Improvements Formula
for Residential Development
| |||
|---|---|---|---|
|
Units in Structure
|
Acres per Resident
|
Average Residents per Unit
|
Parkland Acres Required per Unit/Parks and Recreation Improvements
Required per Unit
|
|
1 (single-family residential unit)
|
.003
|
3.45
|
.01035
|
|
2 to 4 (duplex to four-plex)
|
.003
|
2.98
|
.00894
|
|
5 to 19
|
.003
|
2.53
|
.00759
|
|
20 to 49
|
.003
|
2.04
|
.00612
|
|
50 or more
|
.003
|
1.78
|
.00534
|
|
Mobile home
|
.003
|
2.65
|
.00795
|
|
Table 8.67.060(b)
Parkland Acquisition and Parks and Recreation Improvements Formula
for Non-Residential Development
| |||
|---|---|---|---|
|
Land Use Type
|
Employees per 1,000 Square Feet
|
Park Land Acres Required per Employee
|
Parkland Acres Required per 1,000 Square Feet/Parks and Recreation
Improvements Required per 1,000 Square Feet
|
|
Commercial/ Retail
|
2.50
|
.0005
|
.00125
|
|
Hotel/Visitor
|
2.38
|
.0005
|
.00119
|
|
Office/R&D
|
2.22
|
.0005
|
.00111
|
|
Industrial
|
1.05
|
.0005
|
.00052
|
(b)
Parkland Acquisition Fee for Residential Development. The parkland acquisition fee for residential development shall be calculated by multiplying the number of units in a development by the average number of residents per unit as shown in Formula Table 8.67.060(a) above, then by 0.003 (equal to three acres per one thousand residents), then by the average fair market value (FMV) per acre of land in the city, and reduced by a factor as may be set by resolution of the city council. The average FMV per acre of land in the city shall be determined pursuant to subsection (f) below.
|
Formula 8.67.060(b)
|
|
Units in Development X Average Residents per Unit X 0.003 (3
acres/ 1,000 people) X Average FMV per acre X any applicable discount
factor adopted by resolution of the city council = Parkland Acquisition
Fee*
|
(c)
Park Construction Fee for Residential Development. The park construction fee for residential development shall be calculated by multiplying the number of units in the development by the average number of residents per unit as shown in Formula Table 8.67.060(a) above, then by 0.003 (equal to three acres per one thousand residents), then by the average construction cost per acre, and reduced by a factor as may be set by resolution of the city council. The average cost of construction per acre in the city shall be determined pursuant to subsection (f) below.
|
Formula 8.67.060(c)
|
|
Units in Development X Average Residents per Unit X 0.003 (3
acres/ 1,000 people) X Average Construction Cost per acre X any applicable
discount factor adopted by resolution of the city council = Park Construction
Fee for Residential Development
|
(d)
Parkland Acquisition Fee for Nonresidential Development. The parkland acquisition fee for non residential development shall be calculated by multiplying the total square feet of the development divided by one thousand, by the average number of employees per one thousand square feet shown in Formula Table 8.67.060(b) above, then by 0.0005 (equal to 0.5 acres per one thousand employees), then by the average fair market value (FMV) per acre of land in the city, reduced by a factor as may be set by resolution of the city council. The average FMV per acre of land in the city shall be determined pursuant to subsection (f) below.
|
Formula 8.67.060(d)
|
|
Total square feet / 1,000 square feet X Average number of employees
per 1,000 square feet X 0.0005 (0.5 acres per 1,000 employees) X Average
FMV per acre of land X (1.0 minus any applicable discount factor adopted
by resolution of the city council) = Parkland Acquisition Fee for
Non Residential Development
|
(e)
Park Construction Fee for Nonresidential Development. The park construction fee for non residential development shall be calculated by multiplying the total square feet of the development divided by one thousand, by the average number of employees per one thousand square feet shown in Formula Table 8.67.060(b) above, then by 0.0005 (equal to 0.5 acres per one thousand employees), then by the average construction cost per acre of land in the city, reduced by a factor of as may be set by resolution of the city council. The average construction cost per acre of land in the city shall be determined pursuant to subsection (g) below.
|
Formula 8.67.060(e)
|
|
Total square feet / 1,000 square feet X Average number of employees
per 1,000 square feet X 0.0005 (0.5 acres per 1,000 employees) X Average
Construction Cost per acre of land X (1.0 minus any applicable discount
factor adopted by resolution of the city council) = Parkland Construction
Fee for Nonresidential Development
|
(f)
Determining
Average Fair Market Value per Acre. In order to determine the fair
market of land per acre for purposes of this chapter, the city will
obtain a written appraisal from a qualified appraiser assessing the
average fair market value of land per acre in the city of South San
Francisco. Such appraisal setting the fair market value of land in
the city shall be approved by resolution of the city council. A new
appraisal may be periodically conducted to reflect changes in the
real estate market; provided, however, that such appraisal may not
be conducted more than once per year.
(g)
Determining
Average Construction Cost per Acre. In order to determine the average
hard and soft construction costs per acre, the city will obtain an
estimate of these costs from a qualified architecture or construction
firm. Such estimate setting the average construction cost per acre
shall be approved by resolution of the city council. A new estimate
may be periodically conducted to reflect changes in the cost of construction;
provided, however, that such estimate may not be conducted more than
once per year.
(h)
Administrative
Fee. The city may collect a reasonable administrative fee to cover
the cost of administering the program described in this chapter, as
determined by the finance director and approved by resolution of the
city council.
(i)
Annual
Construction Cost Adjustment. Park construction fees paid pursuant
to this section may be adjusted annually by the same percentage as
the latest increase or decrease in the Engineering News Record Construction
Cost Index (CCI) for the San Francisco area. The adjustment shall
be based on a comparison of the most recent CCI to the CCI in the
month of adoption of the fee, or the index used for the prior adjustment
of the fee. The finance director shall compute the increase or decrease
in the fee and such adjustment shall be approved by resolution of
the city council.
(j)
Annual
Average Fair Market Value per Acre Adjustment. Parkland acquisition
fees paid pursuant to this section may be adjusted annually by the
same percentage as the latest increase or decrease in the All Urban
Consumer Price Index, San Francisco-Oakland San Jose (AUC-CPI). The
adjustment shall be based on a comparison of the most recent AUC-CPI
to the AUC-CPI in the month of adoption of the fee, or the index used
for the prior adjustment of the fee. The finance director shall compute
the increase or decrease in the fee and such adjustment shall be approved
by resolution of the city council.
(k)
Discount Factor Resolution and Posting. The city council, at its discretion, may elect to reduce the amount of fees imposed pursuant to this chapter to a lower amount by adopting a discount factor for all projects subject to the applicable fees. Such discretionary fee reduction may be adopted by the city council by resolution and may be adjusted or eliminated at any time in the sole discretion of city council. Any such resolution adopted pursuant to this subsection (k) shall be posted on the city’s website.
(Ord. 1520 § 1, 2016; Ord. 1537 § 1, 2017; Ord. 1550 § 1, 2018; Ord. 1580 § 2, 2019)
The parkland acquisition fee and the park construction fee funds
shall only be used for the purposes outlined in this chapter and to
further the requirements outlined below:
(a)
Parkland
Acquisition Fee. The parkland acquisition fee shall be used for the
purpose of acquiring sufficient acreage to provide three acres of
parkland per one thousand residents and one-half acre of parkland
per one thousand new employees of the city.
(b)
Parks
Construction Fee. The park construction fee shall be used for the
purpose of constructing parks and recreation facilities, refurbishing
and expanding existing facilities to maintain existing levels of service,
and adequately providing such facilities on three acres of parkland
per one thousand residents and one half acres of parkland per one
thousand new employees of the city.
(Ord. 1520 § 1, 2016; Ord. 1537 § 1, 2017; Ord. 1580 § 2, 2019)
