(A) Findings and purpose.
(1) One of the amenities that makes a city a desirable place to live and contributes to the quality of life is having adequate open space and recreational facilities within the city.
(2) The City Council desires to make sure that the city has adequate open space and recreational facilities to serve its existing and future residential population.
(3) The Open Space Chapter of the 2004 General Plan identifies a target of four acres of open space per 1,000 residents; the city does not have adequate facilities or funding to meet this target.
(4) The City Council's purpose in enacting this section is to implement an open space and recreation fee that will be imposed on new residential development to ensure that such development is funding a share of the costs of developing open space areas to help meet the 2004 General Plan standard of four acres of open space per 1,000 residents.
(B) Open space and recreation fee.
(1) An open space and recreation fee is hereby established to be imposed upon all new residential development in the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of developing new open space and recreation facilities, including the acquisition, design, construction, equipment and financing.
(2) The fees imposed by this section shall be deposited in the Park and Recreational Facilities Fund and shall be used only to finance the acquisition, expansion, and development of park, recreational and open space facilities that are needed as a result of new development within the city.
(C) Credit. Any person otherwise required to pay a fee under this section may, with city approval, receive a credit when that owner constructs a park, recreation or open space improvement. The credit shall offset, on a proportionate basis without interest, the park and recreation impact fee required to be paid under this section.
(Ord. 533-C.S., passed 11-16-04)