A. When a park facility fee is assessed and levied pursuant to section 3.85.505 for a lot or parcel that was within or part of a subdivision or other development authorization approved by the city on or after January 1, 1988, each of the residential units to be constructed on the lot or parcel is eligible for the following credits which shall be applied to the fee. Note that credits shall only be given for the most intense use dating back to November 4th, 1997, which is the date the city council adopted its first development impact fee program. In the downtown area (as delineated in the General Plan's Downtown Element), credits are allowed for past uses with no time limitation; however, proper documentation of the prior use must be furnished by the applicant if city records do not indicate such use.
1. When dedication of parkland was required without the additional requirement that public rights-of-way, if any, adjacent to the land dedicated be improved with streets, street lights, sidewalks, curbs, gutters and other street facility improvements, the current owner of the lot or parcel is entitled to a credit against the basic park facility fee of the average cost, as established by resolution of the city council, of acquiring a one-acre parcel of undeveloped parkland located in the city, multiplied by the total acreage of the parkland so dedicated, divided by the total number of residential lots created or dwelling units authorized on the property.
2. When dedication of parkland was required with the additional requirement that public rights-of-way adjacent to the dedicated land be improved with streets, street lights, sidewalks, curbs, gutters and other street facility improvements, or that landscaping be installed or park facilities be constructed on the dedicated land, the current owner of the lot or parcel shall be entitled to a credit against the basic park facility fee of the amount calculated pursuant to subsection A.1, above, plus a credit in an amount equal to the lesser of the actual cost of installing such public infrastructure or the average cost, as established by resolution of the city council, of installing public right-of-way infrastructure for one acre of parkland, multiplied by the total acreage of the parkland so dedicated, plus the actual, reasonable cost, if any, of installing the landscaping or constructing the facilities, divided by the total number of residential lots created or dwelling units authorized on the property.
3. When dedication of parkland adjacent to Bidwell Park is required for the purpose of adding the dedicated area to the park, the current owner of the lot or parcel shall be entitled to a credit against the Bidwell Park land acquisition fee of the actual value of the dedicated area, as agreed upon by the city and the person who dedicated the land, at the time the dedication was made, or, if there is no such agreement, as determined by an independent real estate appraiser selected by the city, divided by the total number of residential lots created or dwelling units authorized on the property.
B. When dedication of parkland or other park facilities to the city was required incident to or as a condition of the approval of a subdivision or other development authorization approved by the city prior to January 1, 1988, the city council, by resolution, may establish an equitable credit against the basic park facility fee assessed and levied pursuant to the provisions of this chapter which is applicable to all or any part of the property within such subdivision or development determined by the city council to be specially benefitted by such parkland.
C. The total amount credited against the fee imposed on a parcel or lot shall not exceed the amount of that fee, and the excess of the total of all credits over that fee shall not be transferable to another parcel or be deemed to create a debt or other obligation owed by the city to any person.
D. Where the owner reconstructs a building or constructs a new building located on residential property which contained a building damaged or destroyed by fire or other casualty, the owner of the property shall only be assessed and levied a park facility fee pursuant to this chapter for each additional dwelling unit.
E. Where the owner reconstructs a building or constructs a new building located on residential property which contained a building voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, the owner of the property shall only be assessed and levied a park facility fee pursuant to this chapter for each additional dwelling unit.
F. Where the owner constructs a new building located on residential property which contained a building that was removed by the owner to another property, the owner of the property shall only be assessed and levied a park facility fee pursuant to this chapter for each additional dwelling unit.
(Ord.1956 §1 (part), Ord. 2187, Ord. 2391, Ord. 2521 §22)