The purpose of this chapter is to provide additional park and
recreational facilities and open space. The park and recreational
facilities for which payment of a fee and/or dedication of land is
required by this section shall be in compliance with the policies,
goals and standards contained in the Parks and Recreational Element
of the General Plan and/or Parks Master Plan.
(Prior code § 159.30.320(1))
The subdivider, as a condition of approval of a tentative map,
shall pay a fee in lieu, dedicate land, or both, at the discretion
of the City Council for park and/or recreational purposes, pursuant
to Map Act Section 66477.
(Prior code § 159.30.320(2))
It is hereby found and determined that the public interest,
convenience, health, safety and welfare require that 5 acres of land
for each 1,000 persons residing within the City be devoted to park
and recreational purposes. Lands held as public open space, for wildlife
habitat, shall not be included in this formula.
(Prior code § 159.30.320(3))
A. A park
and recreation construction fee shall be assessed for any mobile home
lot or residential dwelling unit constructed in the City. Any person
securing a building permit to construct a residential dwelling unit,
or to install electrical and/or plumbing equipment to provide service
to a mobile home shall pay the following rates:
1. One
half of 1% of the cost of the improvements for each single-family
dwelling constructed, as determined by the building permit.
2. One
half of 1% of the cost of the improvements for each residential dwelling
unit constructed in a multifamily dwelling containing 2 or more residential
dwelling units, as determined by the building permit.
3. One
percent of the cost of the improvements or $350 for each mobile home
lot constructed, whichever is greater, in a mobile home park or mobile
home park subdivision, as determined by the building permit.
B. The
fee imposed by this section shall be imposed regardless of whether
the new dwelling unit is created by new construction or by modification
of existing nonresidential structures. The fee imposed shall apply
to new mobile home park sites regardless of whether they are part
of a new mobile home park or an addition to an existing park.
(Prior code § 159.30.320(4))
A. Where a public park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined pursuant to Section
16.16.060.
B. If there is no park or recreational facility designated in the General Plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the subdivider shall, pursuant to Council determination, pay a fee in lieu of or dedicate land in compliance with Section
16.16.060.
(Prior code § 159.30.320(5))
The City Council shall consider the following when evaluating
the payment of fee in lieu of or the acceptance of land for dedication,
or a combination of both:
A. Parks
and Recreation Element, Parks Master Plan and any other applicable
provision of the General Plan;
B. Topography,
geology, access and location of land in the subdivision suitable for
dedication;
C. Size
and shape of the subdivision and land suitable for dedication;
D. Feasibility
of dedication; and
E. Availability
of previously acquired private property.
(Prior code § 159.30.320(6))
The fee required by Section
16.16.040 shall be due and payable upon the issuance of a building permit for either construction of any residential dwelling unit, or installation of electrical and/or plumbing equipment to provide service to a mobile home. A refund of this fee may be made to the person who paid the fee in the event the building permit expires, pursuant to Section 302 (d) of the Uniform Building Code.
(Prior code § 159.30.320(7))
A. All
park and recreation construction fees collected pursuant to the provisions
of this chapter shall be placed into a special fund which shall be
known as the Park and Recreation Construction Fee Fund. The fund shall
be composed of a separate revenue and expense account.
B. Fees
collected pursuant to this chapter shall be deposited in the revenue
and expense account called Park and Recreation Construction Fee Fund,
and shall be used solely for the acquisition, improvement and expansion
of the public park, playground and recreational facilities of the
City, and for the installation and development of playground and recreational
facilities owned by the elementary and high school districts.
(Prior code § 159.30.320(8))
In lieu of the payment of all or a portion of the park and recreation
construction fee, the City Council may grant credit for land and improvements
which are dedicated in fee to public recreation and park purposes
and accepted by the City. Dedicated land to be eligible for the credit
shall be certified by the Commission as meeting the requirements of
the Parks and Recreation Element. The amount of dedicated land eligible
for the credit, the amount of credit to be given under this section,
and the terms and conditions of the credit, if any, between the City
and the dedicator shall be determined by mutual agreement.
(Prior code § 159.30.320(9))
When the proposed subdivision lies within the sphere of influence
of the City, and the subdivider intends to annex, the subdivider shall,
pay a fee in lieu thereof, dedicate land, or both in compliance with
adopted park and recreational principles and standards of the City’s
General Plan, and pursuant to the provisions of this chapter.
(Prior code § 159.30.320(10))