ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN ORDINANCE ADDING CHAPTER 2.86 (MID-COAST PARK AND RECREATION DEVELOPMENT FEES) TO TITLE 2 OF THE SAN MATEO COUNTY ORDINANCE CODE, ESTABLISHING A DEVELOPMENT MITIGATION FEE FOR THE
MID-COAST AREA OF UNINCORPORATED SAN MATEO COUNTY FOR PROVISION OF NEW PARKS TO SERVE NEW RESIDENTIAL DEVELOPMENT
IN THE MID-COAST AREA

 

The Board of Supervisors of the County of San Mateo, State of California, ordains as follows:

SECTION 1. Background Findings.

 

(a) The County owns, operates and maintains parks in the unincorporated area of the County of San Mateo to serve the needs of its residents. While the park system is a County-wide system, individual parks tend to serve and benefit the population in the vicinity of the individual park.

(b) The County recently completed a Parks and Recreation Needs Assessment for the Mid-Coast community in unincorporated San Mateo County, dated August 6, 2002 ("Needs Assessment"), which determined that there is a substantial need for additional park land and facilities to serve both the existing and anticipated new development in the Mid-Coast communities of Montara, Moss Beach, El Granada, Miramar, and Princeton.

(c) Following the completion of the Needs Assessment, the County undertook an evaluation of the various means by which the acquisition of land for park purposes, and the development of park facilities, could be undertaken in the Mid-Coast area. One of the methods identified for funding that portion of the need for acquisition of land and development of park facilities attributable to anticipated new development was the imposition of a developer fee under the Mitigation Fee Act, Government Code Section 66000 et. seq.

(d) County staff has prepared a "Draft Proposal for Development Fees for Mid-Coast Area" dated December 19, 2002 ("Mid-Coast Development Fee Proposal"), which this Board has received and considered.

(e) The Mid-Coast Development Fee Proposal outlines four options for collection of developer fees, based on four different scenarios for acquisition of park land and development of park facilities, and for each option calculates the portion of the costs of acquisition and development attributable to need created by the current population, and the portion of such costs attributable to additional population growth anticipated to reach build-out. One of these options was a fee proposal based on a park standard of six acres per 1000 residents, a nationally recognized standard for local parks recommended by the Needs Assessment.

(f) After due consideration of the information contained in the Needs Assessment, the Mid-Coast Development Fee Proposal, and information presented at the hearing held pursuant to Government Code Section 66018, this Board determined that a fifth option, a fee based on a standard of two (2) acres of park land and facilities per 1000 residents, was appropriate and reasonable at this time.

SECTION 2. Findings; Purpose and Use of Fee.

The Board of Supervisors finds and determines as follows:

(a) The purpose of the fees imposed by this chapter is to pay a portion of the proportional costs of acquisition and development of new parks for the Mid-Coast area, the need for which is attributable in part to new residential development occurring in the Mid-Coast area of unincorporated San Mateo County.

(b) The use to which the fees are to be put is to pay a portion of the proportional share of the costs of acquiring and constructing new parks in the Mid-Coast area of unincorporated San Mateo County as set forth in the Mid-Coast Development Fee Proposal and in the staff report dated January 14, 2003.

(c) There is a reasonable relationship between the fee's use and the types of development projects on which the fee is imposed because new residential development results in an increased burden on existing park facilities and creates the need for new park lands and facilities to serve the increased population of the area resulting from the new development.

(d) There is a reasonable relationship between the park facilities and improvements which will be financed with fees collected and the residential development projects upon which the fees will be imposed in that additional residential development will lead to an increased demand for and use of park facilities with the consequential additional burden on park facilities. New residential development will benefit by acquisition and construction of new park facilities for the use of new residents brought in to the area by the new development.

(e) There is a reasonable relationship between the amount of the fee charged and the cost of providing new park facilities for the following reasons:

1. The County has estimated the total cost of the acquisition and development of two acres of park land and facilities per 1000 anticipated new residents to be $5,511,000.

2. The County has determined that the current population of the unincorporated Mid-Coast area (10,237) represents approximately 55% of the population anticipated at build-out (18,718), thus the population expected from new residential development in the unincorporated Mid-Coast area will represent about 45% of the total population.

3. The County has determined that the estimated square footage of new residential development that will be constructed to house the additional population is 4,679,850 square feet, and that the cost per square foot attributable to the expected new development will be $1.17/square foot.

4. As a general rule, larger residential structures house a larger number of new residents than do smaller residential units, and, consequently, cause a greater burden on the parks system than do smaller structures, which generally house fewer new residents, thereby resulting in a proportionally lesser burden on the park system. Thus, this Board has concluded that a fair and reasonable way to apportion the burden is to assess a residential fee based on the square foot basis.

SECTION 3. Chapter 2.86 (Mid-Coast Parks and Recreation Development Fees) is hereby added to Title 2 (Administration) of the San Mateo County Ordinance Code to read as follows:

    "Chapter 2.86. MID-COAST PARKS AND RECREATION DEVELOPMENT FEES.

    2.86.010. Findings and Purpose.

    The Board of Supervisors has determined that:

(a) New development in the unincorporated Mid-Coast area, consisting of the communities of Montara, Moss Beach, El Granada, Miramar, and Princeton, adds incrementally to the need for park and recreation facilities to serve the population of the unincorporated Mid-Coast area.

(b) There is a need to acquire and develop land to provide park and recreation facilities to serve the unincorporated Mid-Coast area.

(c) A fee adopted in accordance with the State Mitigation Fee Act, and placed on new residential development, is an appropriate method of obtaining funding to pay the proportionate share of the cost of acquisition and development of park and recreation facilities to serve the anticipated growth in population resulting from such new residential development.

    2.86.020. Applicability to Mid-Coast Area.

The provisions of this chapter shall be applicable only in (1) the entire geographical area located on the urban side of the Urban/Rural Boundary as shown on the San Mateo County General Plan Map for the Mid-Coast Area, and (2) those lands designated Residential on the rural side of the Urban/Rural Boundary as shown on the San Mateo County General Plan Map for the Mid-Coast Area.

    2.86.030. Amount and Standards for Fees.

Except as otherwise provided herein, a fee shall be imposed on all building permits for new residential development in the amount of $1.17 per square foot of assessable space. This fee represents the portion of the approximate cost of providing park facilities to accommodate and which is attributable to the demand generated by the proposed development.

    2.86.040. Fee Charged for Reconstruction or Remodeling.

A fee in the amount specified in Section 2.86.030 of this ordinance shall also be charged for building permits for any reconstruction or remodeling of existing residential structures. The fee will be charged only on any increase in assessable space resulting from the reconstruction or remodeling from that existing prior to the reconstruction or remodeling.

    2.86.050. Establishment of Mid-Coast Parks Development Fund.

There is hereby established in the office of the County Auditor/Controller and the County Treasurer a special interest-bearing fund entitled "San Mateo County Mid-Coast Parks Development Fund." All fees collected for parks acquisition and development under this chapter shall be deposited in this fund.

    2.86.060. Limitations on the Use of Fee.

(a) Fees collected from development in the Mid-Coast area may only be used to acquire or develop parks to be located in and primarily used by Mid-Coast residents, the proportionate demand for which is created by the new development from which the fees were collected.

(b) Fees may be used only for acquisition and development of parks and not for routine or periodic maintenance.

    2.86.070. Adjustment of Fee.

(a) On January 1 of each year beginning in 2004, the development fees imposed by this chapter shall be adjusted by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve month period.

    (b) The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of approval of the building permit. The Board of Supervisors shall review the adequacy of the development fees established herein at least once every five (5) years or, if it deems appropriate, more often than every five (5) years.

    (c) The Environmental Services Agency shall provide an annual report to the Board of Supervisors which specifies any change in the fee due to automatic annual adjustments, the status of trust funds established to fund the cost of acquiring and development park facilities associated with new development, and the status of any improvement projects financed in full or in part by these funds.

    2.86.080. Improvements in Lieu of Fee.

Applicants for building permits required to pay fees under this chapter may, as an alternative to paying the required fee, offer to dedicate land or construct park improvements determined by the Board of Supervisors to be appropriate for the type of development being proposed. In making such determination, the Board shall take into consideration the extent to which the park land or facilities would meet the goals and objectives of the County for parks in the Mid-Coast area, including with reference to any plans or needs assessments for the area. In exchange for such dedication or construction, the applicant shall receive a partial or full offset of the fee that would otherwise be required by this chapter.

    2.86.090. Definition of "New Residential Development."

For purposes of this chapter, "new residential development" shall mean a new single or multifamily residential structure.

2.86.100. Definition of "Assessable Space."

For purposes of this chapter, "assessable space" shall mean all of the square footage within the perimeter of the residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area.

2.86.110. Exemptions.

(a) An applicant for a building permit or permits for a farm labor housing project, as defined in Policy 3.35 of the San Mateo County Local Coastal Program, shall be exempt from payment of fees provided by this chapter.

(b) An applicant for a building permit or permits for a housing development for lower income housing as defined in subdivision (b) of Section 65915 of the Government Code or successor statute, shall be exempt from the payment of fees provided by this chapter, provided that the applicant agrees to the requirements for continued affordability set forth in subdivision (c) of Section 65915 of the Government Code or successor statute. Such exemption shall apply only to those units in any development project which meet the definition of lower income housing.

2.86.120. Credit for Participation in Alternative Funding Mechanism.

If property which could otherwise be subject to payment of a fee under this chapter has, at any time in the past, been made subject to payment of assessments under an assessment district for the acquisition and development of parks in the Mid-Coast area of San Mateo County, or has paid money or incurred an obligation to pay money in the future for such purposes under any other alternative funding mechanism, the applicant for a building permit shall, upon request, be entitled to a credit against the fee otherwise payable under this chapter to the extent of such payment or obligation.

2.86.130. Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Board of Supervisors hereby declares that it would have adopted this chapter and every section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.

SECTION 4. Effective Date.

This ordinance shall be in full force and effect sixty (60) days after passage thereof, and shall apply to any new development for which a building permit has not been issued prior to the effective date.

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