A. 
The purpose of this chapter is to implement the goals, objectives and policies of the city of Westminster's general plan when new residential development is constructed within the city limits. Imposing a fee that is reasonably related to the burdens on and increased demand for the city's parks and recreation facilities created by new residential development will assist the city in constructing the required capital improvements to support the fulfillment of these goals, objectives and policies.
B. 
The city has prepared a parks and recreation development impact fee nexus study that demonstrates, and the city council finds, that there is a reasonable relationship between the purpose for which the fees established by this chapter are to be used and the type of residential development projects on which the fees are imposed, and between the amount of the fees and the cost of the parks and recreation facilities or portion of the facilities attributable to the development on which the fees are imposed.
C. 
It is the intent of the city council that the fee required by this chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of this code, the Subdivision Map Act, the California Environmental Quality Act, and other state and local laws which may authorize the imposition of project specific conditions on development.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
A. 
The regulations, requirements and provisions of this chapter and council resolutions adopted pursuant hereto shall apply to all new projects for which a development application was determined complete or an application for change(s) in existing use(s) was made on or after the effective date of the ordinance codified in this chapter.
B. 
Notwithstanding the above, the following projects, square footage and affordable residential units shall not be subject to the requirements of this chapter:
1. 
Multi-family rental housing projects developed by a nonprofit housing provider if the developer is receiving financial assistance through a public agency, so long as the multi-family rental housing project is an affordable housing project and the project's affordable housing obligations will be secured by a regulatory agreement, memorandum of agreement, or recorded covenant with a public agency for a minimum period of fifty-five years;
2. 
Re-occupancy of square footage in an existing building or structure if there is no change of use; and
3. 
Affordable housing units deed restricted to extremely low, very-low income, or low income households.
C. 
If a development is exempt from the fee at initial construction, but later converts to a development subject to this chapter, the converted square footage will be deemed net new square footage and the parks and recreation fee shall be paid prior to final approval of a building permit or, if required by state law, before the date of final inspection or the issuance of a certificate of occupancy, whichever occurs first.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
For the purpose of this chapter, the following terms shall be defined as follows:
"Nexus study"
shall mean the parks and recreation development impact fee nexus study prepared by Economic & Planning Systems, Inc. dated April 2018.
"Project"
shall mean any residential development which adds dwelling units.
"Parks and recreation development impact fee"
shall mean a fee paid to the city by an applicant pursuant to Section 3.62.040 of this chapter in connection with approval of a project to contribute to the acquisition and development of open space, parkland, and recreation facilities to meet demand generated by new development in order to maintain current service levels consistent with the goals, objectives and policies of the city's general plan.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
Except as provided in Section 3.62.050, the developer of a project shall pay a parks and recreation development impact fee in accordance with the following:
A. 
Parks and Recreation Development Impact Fee. Fees shall be computed as follows:
1. 
For single-family residential development projects that result in the addition of a dwelling unit:
a. 
Thirteen thousand seven hundred sixty dollars per single-family dwelling unit. (This amount is updated annually per Section 3.62.080.)
b. 
For an accessory dwelling unit on a single-family property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection (A)(1)(a), above. See California Government Code Section 65852.2(f).
2. 
For multifamily residential development projects that result in the addition of a dwelling unit:
a. 
Ten thousand one hundred fifty-eight dollars per multifamily dwelling unit. (This amount is updated annually per Section 3.62.080.)
b. 
For an accessory dwelling unit on a multifamily property, the maximum fee allowed by law, but in no event more than the amount authorized by subsection (A)(2)(a). See California Government Code Section 65852.2(f).
3. 
The land use categories identified in subsections (A)(1) and (A)(2) of this section shall have the following meanings:
a. 
Single-family residential shall include single-family.
b. 
Multi-family residential shall include: senior housing and multi-family.
4. 
The amount of legally permitted dwelling unit(s) to be demolished in an existing building or structure as a part of a project shall be a credit in the calculation of the parks and recreation development impact fee.
B. 
Timing of Fee Payment.
1. 
The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted.
2. 
No building permit for any project shall be issued unless the fees have been paid, except where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be executed with the city, in which case, no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development is ready to be issued a building permit.
(Ord. 2560 § 3, 2019; Ord. 2572 §§ 8, 9, 2021)
A. 
A developer of any project subject to the fee described in Section 3.62.040 may request that the requirements of this chapter be adjusted or waived based on a showing that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.
B. 
To receive an adjustment or waiver, the applicant must submit an application to the city manager or designee, at the time the applicant files a discretionary project application, or if no such application is required, a building permit application. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.
C. 
The city manager or designee. shall render a written decision within ninety days after a complete application is filed. The city manager's or designee's decision may be appealed to the city council if such appeal is filed within fifteen consecutive calendar days from the date that the decision is made in the manner provided in this code.
D. 
If an adjustment or waiver is granted, any change in use from the approved project shall invalidate the adjustment or waiver.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
Pursuant to Government Code Section 66006, the parks and recreation development impact fee reserve account is hereby established. The fees paid to the city pursuant to the provisions of this chapter shall be deposited into the parks and recreation development impact fee reserve account and used solely for the purpose described in this chapter. All monies deposited into the reserve account shall be held separate and apart from other city funds. All interest or other earnings on the unexpended balance in the reserve account shall be credited to the reserve account.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
All monies and interest earnings in the parks and recreation development impact fee reserve account shall be expended solely on the development, design, construction, and administration costs related to the acquisition of land for parks, the improvement of existing and new parkland, and the development of new parks and recreation facilities needed to accommodate additional occupants of new development projects. Such expenditures may include, but are not necessarily limited to the following:
A. 
Reimbursement for all direct and indirect costs incurred by the city to construct parks and recreation improvements pursuant to this chapter, including, but not limited to, the cost of land acquisition, planning, legal consultation, engineering, design, construction, construction management, materials and equipment.
B. 
Costs of issuance or debt service associated with bonds, notes or other security instruments issued to fund parks and recreation improvements as identified.
C. 
Reimbursement for administrative costs incurred by the city in establishing or maintaining the parks and recreation development impact fee reserve account required by this chapter, including, but not limited to, the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and reports.
No portion of the parks and recreation impact fee may be diverted to other purposes by way of loan or otherwise.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
To account for inflation in construction costs, the fee imposed by this chapter shall be adjusted automatically on July 1 of each fiscal year, beginning on July 1, 2020, by a percentage equal to the appropriate Construction Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
A. 
If a parks and recreation development impact fee is collected on a project and the permit for that project later expires, is vacated or voided before commencement of construction, the developer shall, upon request, be entitled to a refund of the unexpended parks and recreation development impact fee paid, less a portion of the fee sufficient to cover costs of collection, accounting for and administration of the fee paid. Any request for a refund shall be submitted in writing to the community development director within one year of the date that the permit expires or is vacated or voided. Failure to submit a timely request for refund shall constitute a waiver of any right to a refund.
B. 
Fees collected pursuant to this chapter which remain unexpended or uncommitted for five or more fiscal years after deposit into the parks and recreation development impact fee reserve account shall be accounted for or may be refunded as provided by state law.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
The amount of the parks and recreation development impact fees and the formula for the automatic annual adjustment established by this chapter may be reviewed and revised periodically by resolution of the city council. This chapter shall be considered enabling and directive in this regard.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)
The city manager, or designee, is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this chapter.
(Ord. 2560 § 3, 2019; Ord. 2572 § 9, 2021)