1. GENERAL
The purpose of this section 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 Recreation Element of the General Plan.
2. REQUIREMENTS
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 Council for park and/or recreational purposes, pursuant to Map Act Section 66477.
3. PARK AREA STANDARD
It is hereby found and determined that the public interest, convenience, health, safety and welfare require that 5 acres of land for each 1000 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.
4. PARK AND RECREATION CONSTRUCTION FEE
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 percent of the cost of the improvements for each single-family dwelling constructed, as determined by the building permit.
2. One percent of the cost of the improvements for each residential dwelling unit constructed in a multi-family dwelling containing 2 or more residential dwelling units, as determined by the building permit.
3. One percent of the cost of the improvements or $650.00 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.
C. For the construction of new single-family homes, the fee imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the Building Permit, whichever is less. The owner of the property must personally guarantee payment of the fee, sign documents authorizing the City to place a lien on the property in the amount of the fee, agree to place the payment of the fee in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fee due shall be the amount in effect at the time of collection of the fee. In no event shall utilities be released until the fees are paid. This Subdivision C shall expire and be of no further force and effect on and after April 1, 1997.
(Ord. MC-961, 3-20-96)
5. GENERAL PLAN
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 19.30.320(6).
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 19.30.320(6).
6. DETERMINATION OF LAND OR FEE
The 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, 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.
7. PAYMENT OF PARK AND RECREATION CONSTRUCTION FEE
The fee required by Section 19.30.320(4) 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.
8. USE OF FEES
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. 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.
9. CREDITS FOR LAND AND IMPROVEMENTS DEDICATION
In lieu of the payment of all or a portion of the park and recreation construction fee, the 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 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.
10. SUBDIVISIONS NOT WITHIN CITY LIMITS
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 section.