This chapter shall be known and cited as the park acquisition
and improvement fee ordinance for the city.
(Prior code § 19-35; Ord. 1601 § 1, 2016)
The council of the city declares that the fees required to be
paid are assessed pursuant to the police powers of the city for the
purpose of generating revenue for parks and recreation facilities,
which will provide for the general public health, safety and welfare
of the residents of the city. Increases in the development of dwelling
units in the city, along with increases in population of the city,
creates a need for the planning, acquisition, improvement and expansion
of public parks, playgrounds and recreation facilities to serve the
future increasing population of the city, and the means of providing
additional revenues with which to finance such public facilities.
(Prior code § 19-36; Ord. 1118 § 1, 1999; Ord. 1601 § 1, 2016)
Except where the context requires otherwise, the definitions
given in this section govern the construction of this chapter.
means each single dwelling and each unit of an apartment,
duplex or multiple-family structure designed as a separate habitation
for one or more persons and mobile homes. For the purpose of establishing
the amount of fee, mobile homes shall be considered two-bedroom dwelling
units.
means every person, firm or corporation constructing a dwelling
unit itself or through the services of any employee, agent or independent
contractor.
(Prior code § 19-37; Ord. 1601 § 1, 2016)
It is found and determined:
A.
That
the public interest, convenience, health, welfare and safety require
that five acres of land for each one thousand persons residing within
the city be devoted to park and recreation purposes;
B.
That
such requirement will be satisfied in part by the joint use of schools,
playfields and other community facilities and open spaces;
C.
That
the remainder of the required acreage shall be supplied by the requirements
of this chapter and the recreation program of the city;
D.
That
the above standards are consistent with the recreation element of
the general plan of the city.
(Prior code § 19-38; Ord. 1601 § 1, 2016)
The fees imposed by this chapter shall be applicable to every
dwelling unit and mobile home space constructed in the city.
(Prior code § 19-39; Ord. 1601 § 1, 2016)
Every person constructing any dwelling unit or mobile home space
in the city, for which a park acquisition and improvement fee is required,
shall pay to the city a fee in an amount that may be established and
revised periodically by resolution of the city council. The fee to
be paid for each lot shall be the amount of the fee in effect, pursuant
to the resolution at the time that full payment is made to the city.
(Prior code § 19-40; Ord. 1601 § 1, 2016)
A.
All
required fees shall be paid on a unit by unit basis and shall be due
and payable upon application to the city for a building permit for
the construction of any dwelling unit or mobile home space; provided,
however, that there shall be a refund of such fees in the event that
such building permit is not approved or is not used for such construction.
Until such time as the city takes over the inspection of mobile home
parks from the state, fees in connection with mobile home spaces shall
be due and payable as a condition of site plan approval of a mobile
home park.
B.
Notwithstanding subsection A, fees required by this chapter for a residential development shall be paid upon final inspection, or the date the certificate of occupancy is issued, whichever occurs first. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, shall execute a "Development Fee Deferral Agreement and Notice of Lien with Power of Sale" to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the San Joaquin County recorder and shall constitute a lien for the payment of the fee. No certificate of occupancy for a dwelling unit within a residential development subject to this chapter will be issued unless and until the fees are paid in full.
C.
For
purposes of this section, "final inspection" and "certificate of occupancy"
shall be defined as those terms are defined in Government Code Section
66007, as amended.
(Prior code § 19-41; Ord. 1601 § 1, 2016; Ord. O2017-11 § 2; Ord.
O2017-14 § 2)
In all new subdivisions, developers are required to build and
dedicate a neighborhood park that meets the required three acres per
one thousand people per the adopted park acquisition and improvement
fee update. The park must be constructed in accordance with the guidelines
set forth in the Standards and Specifications for Landscape Development
and must include a minimum of one acre of park land that is not located
in the floodplain.
(Prior code § 19-42; Ord. 1601 § 1, 2016)
If a development is determined to be too small to develop their
own neighborhood park which meets the neighborhood park requirements
as defined in the Standards and Specifications for Landscape Development,
the developer may pay the established neighborhood park in-lieu fee
rather than building and dedicating a park. The decision as to whether
or not a development will be required to build and dedicate a neighborhood
park or pay the neighborhood park in-lieu fee will be at the discretion
of the parks and recreation director.
(Prior code § 19-43; Ord. 1601 § 1, 2016)
There is established a parks acquisition and improvement fee
fund and a neighborhood park in-lieu fee fund. All of the sums collected
pursuant to this chapter shall be deposited in such funds and shall
be used solely for the acquisition, improvement and expansion of public
parks and recreation facilities as outlined in the park acquisition
and improvement fee update.
(Prior code § 19-44; Ord. 1601 § 1, 2016)
