Ord07 2318 - Laserfiche WebLink

Browse Search

10/22/2007 affordable to persons with income of not more than 120% of area median income and to be owned (in the case of owner-occupied housing) or leased (in the case of rental housing) only by such persons. PARK IMPROVEMENT: Includes the planning, design, construction, acquisition, installation, improvement or expansion of any mini parks, neighborhood parks, community parks and special use parks, including associated or appurtenant recreational facilities and equipment and acquisition of land necessary for. any Park Improvement RESIDENTIAL USE: Means a "Dwelling", as that term is defined in Section 2.32 of the Zoning Code. 18.258 Imposition and Payment of Parks Impact Fee A. The Impact Fee is hereby imposed as a condition of the issuance of any permit for any Development, unless expressly exempted by this chapter. The rate of the Impact Fee shall be calculated pursuant to Section 18.259 of this Code. B. Except as otherwise required by Government Code Section 66007, the Impact Fee shall accrue when the first discretionary approval is given for a Project after the effective date of this section, or, if no such discretionary approval is required subsequent to the effective date of this Section, when an application is submitted for a building permit for that Project. In either case, the Impact Fee shall be payable when an application is submitted for a building permit for the Project. An Impact Fee shall be calculated at the rate in effect when the Impact Fee accrues. C. Payment of the Impact Fee may be deferred to the date of approval of the final building inspection of the development, provided the owner of the real property for which the fees are required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval of the final building inspection shall not be granted until the Impact Fee is paid. The agreement shall also provide that, in any action to collect the Impact Fee or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The city manager may execute such agreements on behalf of the city in a form acceptable to the city attorney. Any deferral granted pursuant to this paragraph (b) shall be consistent with the requirements of Government Code Section 66007. D. Except to the extent a credit is granted pursuant to Article 12 of Chapter 30 of this Code, a credit against the Impact Fee may be given for dedications of Park Improvements constructed or provided at private expense and for the value of land dedicated to the City that is necessary or useful to a Park Improvement. Such credit will be granted only if, prior to dedication, the city council determines (i) that the dedicated land or improvement is included on the Impact Fee Project List and (ii) that the grant of ATTY/ORD/ORD.288 07 2318 formerly muff # 305