The city council declares that the intent and purpose of this
chapter is to provide a procedure by which new subdivisions will bear
their appropriate share of the cost of acquisition, development, rehabilitation
and expansion of the park and recreational facilities of the community.
The continued development of residential subdivisions 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 the means by which to finance such works of improvement.
(Ord. 1571 § 3, 1990)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Dwelling unit"
means each single-family, two-family or multiple-family residence
as defined in Title 21 of this code.
"Mobile home space"
means each space, or area in a mobile home park that is rented
or leased for use and occupancy by a mobile home as defined in Title
21 of this code.
(Ord. 1571 § 3, 1990)
The fee to be paid in lieu of land dedication shall be as established
by resolution of the city council. The amount of the in lieu fee shall
not exceed the value of the amount of land which would otherwise be
required to be dedicated pursuant to this chapter and shall be based
on the following standards:
(1) The estimated density of the subdivision, as determined by the city.
Density shall fluctuate by zone classification and shall be expressed
as the maximum number of dwelling units per gross acre permitted by
the city's zoning ordinance for the particular zone classification
not to exceed thirteen dwelling units per gross acre for any zone;
(2) The estimated value of the land, per lot prior to development, as
determined by the city. Value may fluctuate by zone classification;
(3) The required land dedication, provided that council may establish
fees based on a land dedication of less than the ratio of five acres
per one thousand residents in order to establish a reasonable fee;
and
(4) The formula to be used in establishing in lieu fees is as follows:
{(Land value per lot x Units per acre)/43,560} x {(Acres of
required land dedication x 43,560 x Population per household)/ 1000}
= Fee per dwelling unit or mobilehome space.
(Ord. 1571 § 3, 1990)
The provisions of this chapter shall not apply to the following:
(1) Subdivisions Containing Five or Less Parcels and Not Used for Residential
Purposes. However, a condition may be placed on the approval of such
parcel map that if a building permit is requested for construction
of a residential structure or structures on one or more of the parcels
within four years, the in-lieu fee in effect at the time application
for the building permit is made may be required to be paid by the
owner of such parcel as a condition to the issuance of such permit;
(2) Commercial, industrial or manufacturing subdivisions;
(3) Condominium projects or stock cooperatives which consist of the subdivision
of airspace in an existing apartment building which is more than five
years old when no new dwelling units are added.
(Ord. 1571 § 3, 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 § 3, 1990)
If any fee collected under this chapter is not committed within
five years of the date the fee is deposited with the city or the issuance
of building permits on one-half of the lots created by the subdivision,
whichever occurs later, the city shall refund to the then current
record owner or owners of the subdivision in the same proportion that
the size of their lot bears to the total area of all lots within the
subdivision the uncommitted portion of the fee, and any interest accrued
thereon. The city shall refund the fees by direct payment.
(Ord. 1571 § 3, 1990)