A. The purpose of this fee is to finance the establishment, rehabilitation and maintenance of neighborhood and community parks and recreation facilities in order to reduce the impacts of declining open space within the City created by new single-lot residential development within the City.
B. The Park and Recreation Facilities Acquisition and Maintenance Fees collected pursuant to this chapter shall be used solely to finance the acquisition and maintenance of parks and recreation facilities as described or identified in the Environmental Resources Element of the General Plan.
C. The City Council further finds that new development in the City’s residential areas will generate additional demand for and use of parks and recreation facilities within Cupertino.
D. There is a need in the City to establish additional parks and recreation facilities, and to rehabilitate and maintain existing parks and recreation facilities, but the developers of single-lot developments within the City have not contributed their fair share towards these parks and recreation costs and said costs are called for in or are consistent with the City’s Environmental Resources Element of the General Plan.
E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described parks and recreation facilities and the impacts of single-lot development described herein, for which the corresponding fee is charged, and there is also a reasonable relationship between the fee’s use and the type of development for which the fee is charged, as these reasonable relationships or nexes are described in more detail in the Staff Report dated December 12, 1988 and presented to the City Council by the Director of Public Works. The City Council further finds that unless measures are taken to provide for all citizens of the City to pay their fair share of the creation, maintenance and rehabilitation of parks and recreation facilities, the citizens of the City will suffer from detrimental effects upon the public convenience and welfare of the community. Therefore, the provisions of this chapter are intended to define the requirements, policies and procedures for the collection of fees in connection with the establishment, maintenance and rehabilitation of parks and recreation facilities in order to:
1. Protect the vested interest of the public in the promotion of establishing, maintaining and rehabilitating both neighborhood and community parks and recreation facilities;
2. Spread the costs of establishing, maintaining and rehabilitating neighborhood parks and recreation facilities upon the owners within the respective neighborhood park service area as defined in the Environmental Resources Element of the General Plan;
3. Promote the establishment, maintenance and rehabilitation of neighborhood and community parks and recreation facilities in the most economically feasible manner to both the City and the citizens of the City; and
4. Protect the public safety, living standards, and common welfare of the general public.
(Ord. 1479, § 2 (part), 1989)