The city council declares that the intent and purpose of this
chapter is to provide a park development fee through which new development
will pay its appropriate share of the cost of acquisition, development,
rehabilitation and expansion of the park and recreational facilities
in the community. The continued development in the city, with the
attendant increase in the number of people living in the city, has
created the need to acquire and develop new, and rehabilitate and
expand existing, public parks, playgrounds and recreational facilities
and to provide additional revenues with which to finance such works
of improvement.
(Ord. 1571 § 2, 1990)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means each single-family, two-family or multiple-family residence
as defined in Title 21 of this code.
means each space, or area in a mobilehome park that is rented
or leased for use and occupancy by a mobilehome as defined in Title
21 of this code.
(Ord. 1571 § 2, 1990)
In addition to any other fee, license, or permit prescribed
by this code, a park development fee, for parks and recreational facilities,
shall be paid to the city pursuant to this chapter for each residential,
commercial, manufacturing or industrial development project involving
the issuance of a permit for construction.
(Ord. 1963 § 2, 2012)
No park development fee shall be charged on the construction
of:
(1)
Any addition to, or alteration of, an existing dwelling unit or mobilehome
space;
(2)
Any dwelling unit or mobilehome space, which constitutes the replacement
of any existing dwelling unit or mobilehome space. However, if any
previously existing dwelling unit or mobilehome space is replaced
with a greater number of dwelling units or mobilehome spaces, then
the park development fee shall be required on each dwelling unit or
mobilehome space in excess of the number of previously existing dwelling
units or mobilehome spaces;
(3)
Any dwelling unit or mobilehome space for which dedication of land
or a fee in lieu of dedication has been previously received by the
city under Chapter 20.38 this code. However, if any additional dwelling
units or mobilehome spaces are constructed in excess of the number
of dwelling units or mobilehome spaces for which the dedication or
in lieu fee was previously received, then the park development fee
shall be required for each excess dwelling unit or mobilehome space.
(Ord. 1963 § 4, 2012)
The park development fee shall be as established by a resolution
of the city council. The fee shall be due and payable upon the final
inspection of construction or upon the date the certificate of occupancy
is issued, whichever date occurs first. If the development project
involves the construction of more than one dwelling unit or mobilehome
space, all fees required pursuant to this chapter shall be paid upon
the date the first unit or space receives its final inspection or
certificate of occupancy, whichever date occurs first.
(Ord. 1571 § 2, 1990)
All of the fees collected pursuant to this chapter and any interest
earned thereon shall be deposited in a capital improvement fund for
park and recreation purposes and shall be used solely for capital
outlay expenditures such as, but not limited to, the following:
(1)
Acquisition and development of parks and recreation facilities;
(2)
Acquisition, development and preservation of open space for outdoor
recreation, including areas of scenic, historic or cultural value;
(3)
Acquisition and development of bicycle trails, riding trails and
other types of trails for recreational use; and
(4)
Rehabilitation or expansion of existing parks, recreational facilities,
recreational open space and trails.
(Ord. 1571 § 2, 1990)
(a)
The city shall make findings once each fiscal year with respect to
any portion of a fee collected pursuant to this chapter that remains
uncommitted in its account five or more years after collection to
identify the purpose to which the fee is to be put and to demonstrate
a reasonable relationship between the fee and the purpose for which
it was charged. These findings shall apply only to moneys in the possession
of the city and shall not be made with respect to letters of credit,
bonds, or other instruments taken to secure payment of the fee at
a future date.
(b)
The city shall refund to the then current record owner or owners
of the development project, on a prorated basis, the uncommitted portion
of the fees, and any interest accrued thereon, for which need cannot
be demonstrated. The city shall refund the fees by direct payment
or by providing a temporary suspension of fees.
(Ord. 1571 § 2, 1990)
