Note: Prior history: prior code §§ 5580—5585 and Ords. 743, 750, 772 and 786.
A. 
One of the amenities that makes a city a desirable place to live and work and that contributes to the quality of life is having adequate parks, open space and recreational facilities within the city.
B. 
The resource management element of the La Verne general plan identifies the following as goals, policies and implementation measures: providing a variety of recreational facilities and activities for all age groups; and maintaining open space requirements of ten acres per one thousand population (including public and private recreation and open spaces).
C. 
The city council desires to make sure that the city has adequate open space, park and recreational facilities to serve its existing and future population.
D. 
The city council declares that the fees established by this chapter to be assessed as a condition of development are required to cover the costs to the city of acquiring, improving and expanding public parks, playgrounds and recreational facilities to meet the increased need for such facilities resulting from the population increase attendant with new residential development, as well as the increase in the number of employees and students attendant with other new development.
(Ord. 982 § 3, 2006)
Except where the context indicates that a different meaning is intended, the definitions set forth in this section shall apply to this chapter and to any resolution setting fees adopted in compliance with this chapter:
"City manager"
means the city manager or his or her designee.
"Commercial or industrial development"
means any development, other than residential development or construction of a governmental building, including but not limited to institutional uses and churches, regardless of the zone in which the development is located.
"Mobile home space"
means and includes each space in a mobile home park designed to be used for parking a mobile home on a temporary, semi-permanent or permanent basis.
"New development"
1. 
When applied to the development of residential uses, including the placement of mobile homes on real property zoned for such uses, means and includes that development, construction, reconstruction, or installation which increases the number of dwelling units on a given parcel or which increases the square footage of a residential use by at least twenty-five percent of livable, gross floor area;
2. 
When applied to construction or installation of commercial and industrial development, means and includes the development, construction, reconstruction, or installation of new buildings on a given parcel or which increases the amount of floor space for nonresidential buildings by at least twenty-five percent of the gross floor area.
"Person"
means and includes every person, firm or corporation or other entity.
"Project applicant"
means and includes the person filing the application to develop the project on which the fees are imposed.
"Residential development"
means and includes each single-family dwelling, each second-unit mobile home, and each unit of an apartment, duplex, dwelling group or multiple-dwelling structure or a condominium, dormitory, assisted living facility, residential care facility, or other residential-type institutional use, designed as a separate habitation for one or more persons, regardless of the zone in which the development is located and regardless of whether such habitation is designed to be permanent or temporary in nature. "Residential development" does not include a guesthouse or other accessory structure or any type of a health facility as defined by Health and Safety Code Section 1250, as the same may be amended from time to time.
"Senior units"
for purposes of fees imposed pursuant to this chapter means and includes dwelling units that are restricted to occupancy by persons sixty-two years of age or older, restricted to occupancy by persons fifty-five years of age or older in a senior citizen housing development as defined by Civil Code Section 51.3, and units authorized pursuant to the authority set forth in Government Code Section 65852.1.
(Ord. 982 § 3, 2006)
A. 
Establishment of Fee. A park, recreation, and open space fee is established to be imposed on all new development in the city in an amount to be determined by resolution of the city council. The amount of the fee shall not exceed the new development's fair share of the costs of developing new parks, open space and recreation facilities, including the acquisition, design, construction and equipment and financing, as well as upgrading existing facilities.
B. 
Fund. These fees shall be used only to finance the acquisition, expansion, and development of park, recreation and open space facilities that are needed as a result of new development as set forth in the resolution setting fees. The fees imposed by this section shall be deposited in the park development fund, which shall be renamed the "park, recreation, and open space fund." These fees shall be used solely for the acquisition, improvement and expansion of public parks, playgrounds, recreational facilities, and open space areas that are needed as a result of new development as shown in the resolution setting the fees or such additional facilities as may be identified in the parks and recreation facilities master plan, as the same may be amended from time to time.
(Ord. 982 § 3, 2006)
A. 
Unless otherwise required by law, the amount of the fee due under this chapter shall be determined at the time of issuance of the building permit.
B. 
Timing of Payment—Nonresidential Construction. Fees for nonresidential construction shall be paid prior to issuance of a building permit.
C. 
Timing of Payment—Residential Construction. Fees for residential construction shall not be paid until the date of the final inspection or the date of the issuance of the certificate of occupancy, whichever occurs first.
1. 
Notwithstanding the above, fees for residential construction shall be due at the time of the issuance of the building permit if: (a) the charge is being collected for improvements or facilities for which the city has established an account, appropriated funds, and adopted a proposed construction schedule, or (b) the charge is to reimburse the city for expenditures previously made.
2. 
If the fee is not paid prior to the time of issuance of a building permit, the property owner or lessee if the lessee's interest appears of record, shall execute a contract to pay the fee no later than the time specified in subsection C of this section. This contract shall be recorded and shall run with the land and be in the form required by Government Code Section 66007, as the same may be amended from time to time.
(Ord. 982 § 3, 2006)
A. 
Whenever fees are proposed to be imposed pursuant to this chapter, the city shall provide the project applicant with written notice of the estimated fees along with the waiver and adjustment provisions during the processing of the application so that any requests for a waiver or adjustment may be processed concurrently with the application.
B. 
Whenever fees are imposed pursuant to this chapter, the city shall provide the project applicant with notice in writing at the time of the approval of the project or at the time of the imposition of the fees, a statement of the amount of the fees and notification of the ninety-day appeal period in which the applicant may protest the imposition of the fees. Such notice shall be in substantially the following form:
The conditions of project approval for your project identified as___________________, include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as ________(identification of the fee and amount)____________. The Project Applicant is hereby notified that the 90-day approval period to challenge such items has begun as of the date of the project approval or the date of the fee imposition, which date was________. If the Project applicant fails to file a protest regarding any of the fees, dedication, reservation, or other exaction requirements as specified in Government Code section 66020, the Project Applicant shall be legally barred from later challenges.
(Ord. 982 § 3, 2006)
A. 
Any person otherwise required to pay a fee under this chapter may, with city manager approval, receive a credit when that person constructs or donates land for a park, recreation, or open space improvement identified in the fee resolution or the parks and recreation facilities master plan, as the same may be amended from time to time. The credit shall offset, on a proportionate basis without interest, the park, recreation and open space fee required to be paid under this chapter. The amount of the credit shall equal the city's most recent estimated cost of acquisition and construction, or the portion of the facility actually completed by city contract or with city forces.
B. 
All new development shall receive a net credit for any use on the property which currently exists and which will be replaced by the new development.
(Ord. 982 § 3, 2006)
A. 
Upon request of the project applicant, all or a portion of the fees established pursuant to this chapter may be waived by the city manager for very low and low income housing, as defined by Health and Safety Code Sections 50079.5 and 50105 respectively, when such housing is guaranteed affordable for a minimum period of thirty years. The request for such a waiver shall be submitted in writing and shall be processed in the same time frame as the development permit application for the project. If no development permit is required, the request for a waiver or adjustment shall be made with the application for a building permit.
B. 
The project applicant shall be required to determine if prevailing wages shall be applicable due to the waiver by contacting the Department of Industrial Relations.
(Ord. 982 § 3, 2006)
A. 
Upon request of the project applicant, an adjustment of the fees established pursuant to this chapter may be made by the city manager based upon the absence of any reasonable relationship between the impact on park, open space and recreation facilities and either the amount of the fee charged or the type of facilities to be financed with the fee.
B. 
The request shall be made in writing and shall be processed during the same time frame as the development application for the project. If no development permit is required, the request for a waiver or adjustment shall be made with the application for a building permit. The request shall state in detail the factual basis and legal theory for the waiver or adjustment.
C. 
The burden shall be on the project applicant to present substantial evidence to support the request.
(Ord. 982 § 3, 2006)
A. 
Any decision of the city manager relating to a credit, waiver or adjustment pursuant to Sections 3.20.060 through 3.20.080 of this chapter, inclusive, may be appealed to the city council by filing a written request with the city clerk, along with the general filing fee established by resolution of the city council, within ten days of the date of the city manager's decision. The request shall specify the basis of the appeal.
B. 
The city clerk shall schedule a hearing before the city council within thirty days of receipt of a timely filed appeal and shall provide the project applicant with at least ten days' written notice of the date, time and place of the hearing.
C. 
After hearing the appeal, the city council may reverse, affirm or modify the decision of the city manager.
(Ord. 982 § 3, 2006)