Manteca Municipal Code Ch. 3.20 Park Acquisition and Improvement Fees

Note: Former Ch 3.20, Park Acquisition and Improvement Fees, derived from Prior code §§ 19-35 through 19-44; Ord. 1118; Ord. 1601; Ord. O2017-11; Ord. O2017-14; nd Ord. O2024-20; was amended in its entirety by Ord. O2026-13, 9/1/2026.

The city council hereby finds and declares that:

A. New development increases demand on existing park facilities and creates the need for expanded or new facilities to serve new development. The purpose of this chapter is to enable the collection of mitigation fees to be used for the purpose of acquiring park land and developing new or expanding existing park facilities.

B. It is the city's intent and desire to require that new development contribute its fair share toward the purchase, development and/or improvement of park land and facilities.

C. The imposition of impact fees is one of the customary methods of ensuring that development bears a proportionate share of the cost of public facilities necessary to accommodate such development in order to promote and protect the public health, safety and welfare.

D. The provisions of this chapter are consistent with the city's general plan and enacted pursuant to California Government Code Section 66000 et seq. (the "Mitigation Fee Act").

E. This fee shall be known as the "park acquisition and improvement fee.

(Ord. O2026-13, 9/1/2026)

The purpose of the park acquisition and improvement fee is to fund the purchase of park land and the creation, improvement, and expansion of park and recreation facilities, including, but not limited to, the planning, designing, developing, and improving of existing and newly acquired park and recreation facilities related to new development.

(Ord. O2026-13, 9/1/2026)

For the purposes of this chapter, the following terms shall be defined as follows:

"Building permit"

includes full structural building permits as well as partial permits such as foundation-only permits or tenant improvements.

"Certificate of occupancy" and "final inspection"

as used in this chapter, have the same meanings as in California Government Code Section 66007, as amended.

"Dwelling unit"

means each single dwelling and each unit of an apartment, duplex or multiple-family structure designed as a separate habitation for one or more persons.

"New development"

shall mean the construction of new residential dwelling units.

"Park acquisition and improvement fee"

shall mean the mitigation fee imposed on new development for the purpose of funding park and recreational facilities related to new development, including funding projects on the park acquisition and improvement fee Project List.

"Park facilities"

shall mean any public improvements deemed necessary by the city to develop, improve or expand land and facilities for park and recreational purposes. Such improvements may include, but are not limited to: grading; landscaped areas for active and passive recreational use, trails and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings, swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by state law or approved by the city.

"Park fee project list"

shall mean a list of the park facilities funded in part or in whole by the park acquisition and improvement fee. The park fee project list shall be adopted by resolution of the city council and may be amended from time to time pursuant to Government Code section 66002.

(Ord. O2026-13, 9/1/2026)

Except as otherwise provided in this chapter, developers of new development shall pay a park acquisition and improvement fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates the reasonable relationship between the fee's use and the type of development project on which the fee will be imposed and demonstrates the reasonable relationship between the need for park facilities and the type of development projects on which the fee will be imposed.

(Ord. O2026-13, 9/1/2026)

The following types of development shall not be required to pay a park acquisition and improvement fee:

A. Alterations, renovations or expansion of an existing building or structure that do not add new dwelling units.

B. Replacement of dwelling units on the same lot that does not add dwelling units.

C. The replacement of a destroyed or partially destroyed or damaged building or structure that does not add new dwelling units.

D. Nonresidential development.

E. New development that dedicates land or pays a fee in-lieu thereof pursuant to Chapter 3.21 of the Manteca Municipal Code shall be exempt from paying the portion of the park acquisition and improvement fee associated with the acquisition of park land.

(Ord. O2026-13, 9/1/2026)

A. The parks planning and development manager, or the city manager's designee, shall be responsible for determining the fees required by this chapter. This determination shall be made at the time of application for the building permit, unless otherwise required by law.

B. The park acquisition and improvement fee may be modified automatically on an annual basis on July 1, in accordance with the change in the Engineering News-Record ("ENR") Construction Cost Index for the San Francisco area. This adjustment shall not require any action of the city council.

(Ord. O2026-13, 9/1/2026)

A. Unless otherwise required by law, the fees required by this chapter from new development shall be paid at the time the city issues each building permit for each new development project. Unless otherwise required by law, the amount of the fees to be paid under this chapter shall be in the amount of the fee in effect at the time the fee is paid.

B. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, shall execute an agreement to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the San Joaquin County recorder and shall constitute a lien for the payment of the fee. No final inspection for a dwelling unit within a residential development subject to this chapter will be conducted unless and until the fees are paid in full.

C. If new development adds dwelling units to an existing building, which requires the payment of a new or additional park acquisition and improvement fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the parks planning and development manager or city manager's designee; provided, however, that in no event shall the city refund the fees previously paid.

(Ord. O2026-13, 9/1/2026)

A. Park Acquisition and Improvement Fee Fund. Fees collected pursuant to this chapter shall be deposited in the park acquisition and improvement fee fund and shall be segregated and used and expended for the acquisition, improvement and expansion of public parks and recreation facilities as outlined in the park fee project list. Any interest accrued by the account shall be used solely for the purpose of funding park facilities.

B. Park Acquisition and Improvement Fee Accounting. The city shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq.

(Ord. O2026-13, 9/1/2026)

Any person subject to a fee required by this chapter may apply to the parks planning and development manager, or the city manager's designee, for a reduction, adjustment or waiver of that fee based upon the applicant's contention that: (1) the amount of the fee is not reasonably related to the impacts of the applicant's development project on park and recreation facilities; (2) the fee is not roughly proportionate to the development's impact on the need for park and recreation facilities; and/or (3) the fee requires the developer to pay more than is necessary to address the impacts of the new development on park and recreation facilities.

A. Application. An applicant shall file a written request to adjust fees with the parks planning and development manager, not later than ten days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the parks planning and development manager, or the city manager's designee, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus with the impact of the development on the need for park facilities within the city and state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a building permit prior to the completion of the appeal process, applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.

B. Decision of the Parks Planning and Development Manager. The parks planning and development manager or the city manager's designee shall issue a decision on the application within thirty days after the application is filed. The parks planning and development manager, or the city manager's designee's, decision shall state his or her determination regarding the amount of the park acquisition and improvement fee that may reasonably be imposed on the new development and include a brief description of the basis for the manager's decision.

C. Appeal of the Decision of the Parks Planning and Development Manager. Decisions of the parks planning and development manager, or the city manager's designee, may be appealed to the city manager. Appeals must be filed within ten days of the parks planning and development manager's, or the city manager's designee's, decision. The city manager shall review the application and evidence presented to the parks planning and development manager or the city manager's designee and issue a decision within fifteen days. The decision of the city manager is final and may be protested pursuant to Government Code Section 66020.

(Ord. O2026-13, 9/1/2026)

Upon application, fees collected by the city pursuant to this chapter shall be refunded under the following circumstances:

A. Fees collected pursuant to this chapter are erroneously or illegally collected.

B. The building permit expires, and no extension has been granted, for the development project upon which fees were imposed pursuant to this chapter. An application for refund pursuant to this subsection shall be filed with the parks planning and development manager no later than ninety days after expiration of the building permit. The amount of the refund shall be reduced by an amount to cover the cost to the city for processing the refund.

(Ord. O2026-13, 9/1/2026)

At the option of the parks planning and development manager or the city council, land and/or parks and recreation facilities may be dedicated to the city for park purposes in lieu of the fees designated in this chapter. The amount of land to be dedicated and the amount of credit to be given, if any, shall be determined by the parks planning and development manager. The credit to be provided shall be equal to the amounts listed in the parks impact fee project list for the type and amount of land and facilities provided, unless the land or facilities is not included on the parks impact fee project list, in which case the parks planning and development manager shall determine the amount of the credit based on the city's costs to acquire the dedicated land or construct the dedicated facilities. The dedication of land and facilities will only be accepted in lieu of payment of the fees required by this chapter if the land and facilities meet current standards and specifications for landscape development. Any dedicated park land must include a minimum of twenty-five percent of the land located upland of the remaining dedicated acreage and not located in a floodplain. Additionally, any dedicated park land must include a minimum of one acre of land located upland of the remaining dedicated acreage and not located in a floodplain.

(Ord. O2026-13, 9/1/2026)