3.85.545 Deposit of park facility fee revenues in city park facility funds.

   A.   Neighborhood Park Fund. All revenues attributable to the neighborhood park component of the basic park facility fees assessed and levied pursuant to the provisions of this chapter upon the owners of property which is located in the vicinity of an existing or proposed neighborhood park and which is included within a zone of benefit established for such neighborhood park shall be deposited in a neighborhood park fund, and thereafter appropriated and used for the acquisition and/or development of neighborhood park facilities in the manner hereafter provided by this chapter.

   B.   Community Park Fund. All revenues attributable to the community park component of the basic park facility fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the community park fund and thereafter appropriated and used only for the acquisition and/or development of community park facilities in the manner hereinafter provided by this chapter.

   C.   Linear Parks and Greenways Fund. All revenues attributable to the linear park and greenway facilities component of the basic park facility fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the linear parks and greenways fund and thereafter appropriated and used only for the acquisition and/or development of linear park and greenway facilities in the manner hereinafter provided by this chapter.

   D.   Bidwell Park Land Acquisition Fund. All revenues from the Bidwell Park land acquisition fee assessed and levied pursuant to the provisions of this chapter shall, when received, be deposited in the Bidwell Park land acquisition fund and thereafter appropriated and used only for the acquisition of unimproved parkland adjoining Bidwell Park in the manner hereinafter provided for by this chapter.

(Ord. 1956 §1 (part), Ord. 2290 §5, Ord. 2521 §25)

3.85.550 Appropriation of park facility fee revenues for the acquisition and development of park facilities.

A.   Revenues Deposited in a Neighborhood Park Fund. All revenues from the basic park facility fees assessed and levied pursuant to the provisions of this chapter and deposited in a neighborhood park fund shall, at the sole discretion of the city council, be appropriated for the acquisition and/or development of neighborhood park facilities which are determined by the council to be of benefit to all persons residing within the incorporated territory of the city.

B.   Revenues Deposited in the Community Park Fund. All revenues from the basic park facility fees assessed and levied pursuant to the provisions of this chapter and deposited in the community park fund shall be appropriated by the city council for the acquisition and/or development of community park facilities which are determined by the council to be of benefit to all persons residing within the incorporated territory of the city. In making such determination, the city council shall consider the recommendations made thereon by either the Bidwell Park and Playground commission or the Chico area recreation and park district.

C.   Revenues Deposited in the Linear Parks and Greenways Fund. All revenues from the basic park facility fees assessed and levied pursuant to the provisions of this chapter and deposited in the linear parks and greenways fund shall be appropriated by the city council for the acquisition and/or development of linear park and greenway facilities which are determined by the council to be of benefit to all persons residing within the incorporated territory of the city. In making such determination, the city council shall consider the recommendations made thereon by the Bidwell Park and Playground Commission.

D.   Revenues Deposited in the Bidwell Park Land Acquisition Fund. All revenues from the Bidwell Park land acquisition fees assessed and levied pursuant to the provisions of this chapter and deposited in the Bidwell Park land acquisition fund shall be appropriated by the city council for the acquisition of land adjoining the existing boundaries of Bidwell Park; provided, that the council has determined that such land, by virtue of its location or other characteristics, would be a suitable addition to Bidwell Park. In making such determination, the city council shall consider the recommendations made thereon by the Bidwell Park and Playground Commission.

(Ord. 1956 §1 (part), Ord. 2290 §6 (part), Ord. 2521 §26, Ord. 2536 §1)

3.85.555 Use of park facility fee revenues for the acquisition and/or development of park facilities operated by the Chico area recreation and park district.

   All or any part of the revenues from the park facility fees assessed and levied pursuant to the provisions of this chapter may, at the sole discretion of the city council, be appropriated in the manner hereinbefore provided by this chapter for the purpose of acquiring and/or developing city-owned community or neighborhood park facilities which are or will be operated by the Chico area recreation and park district pursuant to the terms and conditions of a lease or other operating agreement between the city and the Chico area recreation and park district if, at the time of making such appropriation, the council has determined that the use of such revenues for such purpose will serve the best interests of the city and its residents.

(Ord. 1956 §1 (part))

ARTICLE VI. BUILDING AND EQUIPMENT FEES

3.85.605 Imposition of building and equipment fees.

   A.   Residential Property. A building and equipment fee, consisting of an administrative building fee, a fire protection building and equipment fee and a police protection building and equipment fee shall be assessed and levied upon the owners of residential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

      1.   The construction of a new building on the property containing one or more dwelling units;

      2.   The construction of alterations or additions to an existing building on the property which adds one or more dwelling units to such existing building: or

      3.   The change in use of an existing building on the property from a previous nonresidential use to a residential use;

   B.   Nonresidential Property. A building and equipment fee, consisting of an administrative building fee, a fire protection building and equipment fee and a police protection building and equipment fee shall be assessed and levied upon the owners of nonresidential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

      1.   The construction of a new building or structure on the property;

      2.   The construction of alterations or additions to an existing building or structure on the property which results in the expansion of such existing building or structure; or

      3.   The change in use of an existing building on the property from a residential use to a nonresidential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code.

   C.   Mixed Used Projects. A transportation facility fee, consisting of a street facility improvement fee, a street maintenance equipment fee and a bikeway improvement fee shall be assessed and levied upon the owners of a mixed use project, however, the mixed uses may be divided into separate fee categories (e.g., residential, nonresidential) based on varying uses by building story (vertical) or reasonable separation on the same level (horizontal), so long as the different uses do not support the higher intensity use. Supporting uses will be considered as part of the more intense use for fee category determination. Subsequent changes in use may require payment of fees to account for a more intense use.

(Ord. 1956 §1 (part), Ord. 2521 §27)

3.85.610 Basis of building and equipment fees.

   A.   Residential Property. The building and equipment fee assessed and levied upon the owner of residential property pursuant to the provisions of this chapter incident to the construction of a new building on the property, construction of alterations or additions to an existing building on the property or the change in use of an existing building on the property shall be based on the kind of residential development occurring on the property and the number of new residential dwelling units being added to the property.

   B.   Nonresidential Property. The building and equipment fee assessed and levied on the owner of nonresidential property pursuant to the provisions of this chapter incident to the construction of a new building or structure on the property, construction of alterations or additions to an existing building or structure on the property or the change of an existing building on the property shall be based on the kind of nonresidential development occurring on the property and the square footage of any new building or structure being constructed on the property, the square footage being added to any existing building or structure on the property, and/or the square footage of any existing building or structure on the property or portion of an existing building or structure on the property being changed to a different use.

(Ord. 1956 §1 (part))