The city council finds and declares that the purpose of this
chapter is as follows:
A. To establish
policy and procedures for establishing and collecting fees as an alternative
to dedication of land for park and recreational purposes as a condition
of certain land use approvals.
B. To establish
by ordinance a process for the dedication of land, the payment of
fees in lieu of dedication of land, or a combination of dedication
and fees, for park and recreational purposes.
C. To implement
the land dedication requirements identified in the parks and recreation
element of the City of Roseville general plan, as amended from time
to time.
D. To be
enacted under applicable laws and the land use regulatory authority
of the City of Roseville.
E. To apply
to land use changes and zoning changes that propose to convert non-residential
land uses to residential land use. This chapter does not apply to
commercial or industrial subdivisions or land use.
F. To apply
to the intensification of residential land uses; examples may include
a proposed increase of the density of residential units on a given
parcel resulting in a greater demand for park services. This chapter
is not intended to apply to density bonuses that are granted in consideration
of providing affordable housing.
(Ord. 4577 § 1, 2007)
The following words are defined for purposes of this chapter
as follows:
“Building permit”
means the permit issued or required by the city for the construction
of any dwelling unit pursuant to and as defined by the building code.
“Dwelling unit”
means a building or structure or part of a building or structure
designed for occupancy as a residence by one family.
“Facilities”
means those public neighborhood and community park and recreation
facilities, land, physical improvements, or infrastructure shown and
included on the city’s capital improvement program.
“Fee”
means the fee established by this chapter, and particularly Section
4.39.040. The fee shall be collected prior to the approval of any residential building permit. The fee shall be used solely for the purposes stated in Section
4.39.050.
“Multiple-family dwelling”
means a building designed for occupancy as a residence by
two or more families, living independently of each other. Multiple-family
dwelling additionally includes, but is not limited to, apartment complexes,
condominiums, mixed use with a residential component, and other forms
of congregate living, including, for example, senior citizen homes,
retirement homes, or boarding homes.
“Single-family dwelling”
means a building designed for occupancy as a residence by
one family. Singlefamily dwelling includes, for example, mobile homes.
(Ord. 4577 § 1, 2007)
Eligible projects are limited to single-family and multifamily
residential development projects proposed by a project applicant for
approval by the city. Prior to the approval of a project development
agreement by the city council, the director shall determine whether
land, in-lieu fees, or a combination of land and fees shall be dedicated
and/or paid by the project applicant. If the director requires a fee
payment in lieu of parkland dedication by the project applicant, the
director shall determine the appropriate amount of parkland dedication
upon which the in-lieu fee will be based. The fees shall be paid in
a lump sum, unless structured otherwise by city, at its sole discretion,
prior to the issuance of any building permits. The fee amount and
related matters such as method and timing of payment shall be specified
in the applicable development agreement. Any parkland dedicated and/or
fees paid to the city shall become property of the city in perpetuity;
provided, however, the city reserves the right to sell, transfer,
or otherwise dispose of parkland property, at its sole discretion
and without reservation or restriction from the dedicating property
owner, unless such reservation or restriction is otherwise required
by law or applicable development agreement.
(Ord. 4577 § 1, 2007)
All fees collected pursuant to this chapter shall be assigned to the neighborhood, community, and city-wide park funds, as appropriate, and shall be expended for the following purposes: acquisition of land, development of new or rehabilitation of existing park or recreational facilities to finance the planning, development, acquisition, and construction of park facilities. Calculation of the fee shall be determined in accordance with Section
4.39.040. Fees imposed pursuant to this chapter shall be paid upon the issuance of residential building permits, except as otherwise provided by this chapter. With regard to fees collected pursuant to this chapter, the city shall assign the neighborhood park fee portion to the neighborhood park and community park fund closest to the general geographic area of the proposed development. The city shall assign the city-wide park and open space fee portions to the city-wide park funds.
(Ord. 4577 § 1, 2007)
The city may, at its sole discretion, grant a park fee credit
for privately owned and maintained common open-space or recreational
facilities (including, but not limited to, a picnic area or children’s
play structure area), provided that they have unrestricted public
use and access and/or provide significant potential for public use
and benefit. The credit may be given against the requirement of land
dedication or payment of fees, providing that all of the following
requirements are met:
A. The
facilities proposed are in accordance with the provisions of the park
and recreation element of the City of Roseville general plan, and
the facilities will provide for park needs of the residents of the
project in such a manner as to reduce the impact on existing facilities
or reduce the need to provide new recreation facilities and parks
by the city;
B. Yards,
court areas, setbacks, landscape corridors, urban relief areas and
other private open-space areas required by the zoning and building
regulations shall not be included in the credit computation;
C. Provisions
shall be made to ensure that the recreational areas shall be adequately
maintained;
D. If credit
is given for private open-space or recreation facilities, such facilities
shall not be eliminated without prior approval by the city. Open space
credit for dedication shall be based on the recreational value of
the site, as outlined in the City of Roseville general plan;
E. Any
private recreation area for which credit will be given shall, at a
minimum, be one quarter acre in area.
(Ord. 4577 § 1, 2007)