The city council finds that the purpose of the Community and Recreation Center Impact Fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of community and recreation center assets in the city. The city finds:
A. 
There are a number of existing community and recreation centers within the city, as well as the Victoria Gardens Cultural Center.
B. 
Fees apply only to residential development.
C. 
There is a need for fees to serve future development in the city without placing a burden on existing resources.
D. 
Community and recreation centers serve the entire population.
E. 
Revenue from the impact fees will be used to expand the availability of community and recreation center assets in the city; through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these.
F. 
New residential development and the expansion of existing development within the city impose a burden on the existing community and recreation facilities by adding additional population.
G. 
The fees are based on the relationship between the city's existing population and the replacement cost of the existing community center, recreation center, and cultural center facilities.
H. 
Population is used as the demand variable when calculating these fees because the need for community and recreation centers is normally defined in terms of population per unit for that type.
I. 
The level of service standard used to calculate impact fees is the existing ratio of facility replacement cost to population.
J. 
The cost per capita will be applied to future population to compute impact fees per unit.
K. 
Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the community and recreation center facilities, impact fees will apply to new development of these types of facilities.
L. 
Impact fees for other specialized development types should be calculated in the same way if the need arises.
M. 
The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development.
N. 
The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs.
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 2, 2021)
For the purposes of this chapter, the following words shall have the meanings set forth below:
"City/service area"
means the entire city.
"Dwelling unit"
includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis.
"Facilities"
means those park and recreation facilities, land, improvements, or infrastructure located in the city.
"Person"
includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor.
"Residential development"
means all dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units.
"Study"
means the current development impact fee study on file in the city's engineering services department that supports the fee resolution adopted pursuant to section 3.52.050.
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 2, 2021)
The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed.
A. 
The finance director shall establish a special interest-bearing fund titled "Community and Recreation Center Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of community and recreation center assets in the city.
B. 
A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.52.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Community and Recreation Center Impact Fee."
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 978 § 2, 2021)
The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s) subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect..
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 978 § 2, 2021)
The fees imposed by this chapter shall be set by resolution of the city council.
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 2, 2021)
In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees.
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 978 § 2, 2021)
The city council finds that there is established a community and recreation center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of community and recreation center assets in the city to serve new development. Those public facilities and other assets are identified in the study.
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 978 § 2, 2021)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable.
(Ord. No. 865, § 3, 6-18-2014; Ord. No. 978 § 2, 2021)