Ord07 2318 - Laserfiche WebLink

Browse Search

10/22/2007 the credit, in lieu of the fee, will not cause the city to delay the implementation of elements of the Program that are of higher priority, in the judgment of the city council, than the land or Eligible Facility to be dedicated. At the time the City Council makes these determinations, it must also make a determination of the maximum credit that will be allowed for the dedication, which maximum credit shall not exceed the City Council's reasonable estimate of the fair market value of the Park Improvement and/or land. The credit shall be applied when the city accepts the land or Park Improvement. If the city council has made the determinations required by this subdivision, payment of a portion of the Impact Fee equal to the amount of an expected credit against 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 Fee is 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 or the credit issued. 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 the agreement on behalf of the city in a form acceptable to the city attorney. Any deferral granted pursuant to this paragraph (c) shall be consistent with the requirements of Government Code Section 66007. The amount of any credit granted pursuant to this paragraph shall not exceed the lesser of (i) the actual documented construction costs for the dedicated improvement plus the value of any dedicated land as supported by a professional appraisal produced by an independent consultant selected by the City and paid for by the Applicant or (ii) the maximum credit approved by the City Council pursuant to this paragraph. 18.259 Calculation of Parks Impact Fee A. The Impact Fee imposed upon a Development shall be calculated by subtracting any Pre-Existing Impact Credits for that Development (calculated pursuant to subdivision (C) of this Section) and any Affordable Housing Credit (calculated pursuant to subdivision (D) of this Section) from the sum of the Base Amounts (calculated pursuant to subdivision (B) of this Section) for all uses constituting that Development. If the Pre-Existing Impact Credits for a Development exceed the Base Amounts for that Development, then the Fee shall be zero. B. A Base Amount shall be calculated for each Residential Use included in a Development. With respect to any residential use, the Base Amount shall be calculated by multiplying the planned number of Dwelling Units (after the completion of the Project) on the parcels comprising the Development by the then-applicable rate for that Use as set forth in the Impact Fee Schedule. C. The Existing Impact Credit for a Development shall be the sum of the Base Amounts that would be imposed on a project comprised of the structures that ATTY/ORD/ORD.288 07 2318 formerly muff # 305