In order to meet the specifications of the City's recreational
space and facilities standards and to implement the goals and objectives
of the Recreation Element of the City of Encinitas' General Plan,
additional land must be purchased and certain facilities must be constructed.
The City Council has determined that a land dedication requirement
or in-lieu fee and a park improvement fee are needed in order to meet
the cost of acquiring and improving parkland to serve new development,
and to pay for the development's fair share of these acquisitions
and improvements. It is the purpose of this chapter to impose on persons
developing real property an obligation to provide land or in-lieu
fees and park improvement fees for park and recreation purposes. The
combined dedication/in-lieu fee and park improvement fee shall be
referred to as the parkland acquisition and improvement fee. In establishing
the fee described in the following sections, the City Council has
found the fee to be consistent with the City's General Plan, and consistent
with the requirements of
Government Code Sections 66000 et seq.
(Ord. 2000-09)
A. The
parkland acquisition and improvement fee shall be determined by the
Director of Parks and Recreation or his/her designated agent, and
satisfied by the applicant as a condition of approval of the development
project. If the new development is in a new subdivision as defined
by
Government Code Section 66424, the fee shall be paid by the applicant
during the subdivision processing as a condition of the approval of
the proposed final or parcel map; or at the subdivider's option, a
covenant may be executed burdening each lot for a prorata share of
the fee, due as a condition of the issuance of a building permit.
If the development is not in a new subdivision, the fee shall be paid
by the applicant as a condition of the granting of a building permit
for the proposed development.
B. In
accordance with
Government Code Section 66007, in the case of residential
development, the City shall only require the applicant to satisfy
the fee requirement as a condition of approval of the development,
and prior to the issuance of a certificate of occupancy. Unless the
fees are reimbursement to the City for expenditures previously made,
the fees will be payable to the City and placed in a separate account
to fund the construction for the needed public improvements or facilities
resulting from the development.
(Ord. 2000-09; Ord. 2003-04)
The following development is exempt from the regulations of
this chapter:
A. Replacement
or remodels of existing residential structures which do not add new
units; or
B. Residential accessory units as defined in Municipal Code Section
30.48.040V.
(Ord. 2000-09)
A. The
Director of Parks and Recreation or his/her designated agent shall
determine whether to require a dedication of land, impose a requirement
to pay fees, or require a combination of both for park acquisition
and construction purposes.
B. In
accordance with
Government Code Section 66477, a person seeking to
construct a residential development project in a new subdivision shall
be obligated to dedicate three acres of undeveloped parkland per new
1,000 population. The amount of land to be dedicated shall be determined
as follows:
3.0
acres
1,000 population
|
X
|
Population per dwelling unit
|
=
|
Land dedication per dwelling unit
|
C. In
accordance with
Government Code 66477(a)(7), only the payment of fees
may be required in subdivisions containing 50 parcels or less, except
that when a condominium project, stock cooperative, or community apartment
project, exceeds 50 dwelling units, dedication of land may be required
notwithstanding that the number of parcels may be less than 50.
Parkland Acquisition and Improvement fees shall be set in an
amount as determined by a City Council resolution and kept in the
office of the City Clerk.
D. As
required by
Government Code 66477(d), the City shall allow planned
developments, real estate developments, stock cooperatives, community
apartment projects and condominiums credit in an amount based on open
space within the development which is usable for active recreational
uses.
E. In
accordance with
Government Code 66477(d), this section does not apply
to commercial or industrial subdivisions, and has limited application
to condominium projects or stock cooperatives which consist of the
subdivision of airspace in an existing apartment building.
F. In
accordance with
Government Code 66477(a)(8), this section has a limited
application to nonresidential subdivisions of less than five parcels
and to reversion acreage.
G. In
accordance with
Government Code 66477(a)(6), the City shall develop
a schedule specifying how, when and where the land dedicated and the
fees collected pursuant to this section will be used to serve the
residents of the subdivision.
(Ord. 2000-09; Ord. 2011-06)
A developer of any project subject to the fee described in this
chapter may apply to the Director of Parks and Recreation for a reduction
or adjustment of the fee based upon the absence of any reasonable
relationship or nexus between the open space and developed parkland
needed to serve the new development and the amount of the fee charged.
The application shall state in detail the factual basis for the claim
of waiver or reduction. The application shall be made in writing to
the Director of Parks and Recreation at the time of the filing of
the request for a final or parcel map, or for a building permit. The
Director of Parks and Recreation shall consider the fee adjustment
application within 30 days of the filing of the application. If a
reduction or waiver is granted, any change in use within the project
resulting in an increase in density shall subject the development
to payment of the full fee.
(Ord. 2003-04; Ord. 2017-07)