Chapter 8-07 CITYWIDE PARK AND RECREATION FACILITIES FEES

Chapter 8-07
CITYWIDE PARK AND RECREATION FACILITIES FEES

Sections:

8-07.010 Declaration of purpose. Revised 1/19

8-07.020 Citywide park, recreation and open space facilities fee established.

8-07.030 Creation of special fund and use of funds. Revised 1/19

8-07.010 Declaration of purpose.

The purpose of this chapter is to establish a program for requiring the payment of fees for parks, recreation and open space facilities to accommodate the residents of new residential development projects, which create a need for, and demand upon, such facilities. The citywide park and recreation facilities fees established in this chapter are applied to residential development projects that are not subject to subdivisions of land and the Quimby fees in Chapter 8-06, and are imposed based upon the impacts that such nonsubdivision residential projects have on park, recreation and open space facilities. The imposition of development impact fees is one of the preferred methods of ensuring that new development bears a proportionate share of the cost of public facilities and service improvements necessary to accommodate such new residential development. This chapter is enacted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.) and the fees that will be established by resolution of the City Council will be subject to a fee study that will demonstrate the nexus, or need and costs for the public recreational and open space facilities and service improvements created by residential development projects within the city, consistent with the goals and objectives of city’s general plan, to meet the needs of the citizens of the community for parks, recreation and open space and to further the health, safety, and general welfare of the community. (Ord. 2018-9 § 2 (part))

8-07.020 Citywide park, recreation and open space facilities fee established.

Every developer who creates a residential development not subject to Chapter 8-06 (Park Dedication and In-Lieu Fee Requirements) shall be required to remit a park, recreation and open space fee as established by resolution of the City Council for the purpose of providing citywide park, recreational and open space facilities in the city. A “residential development” for purposes of this chapter means construction or installation of new residential dwelling units which do not involve the subdivision of land, and includes second units, accessory dwelling units, mobile homes, apartments, single-family duplexes, and single-family homes on preexisting lots. The fees established herein shall be subject to Government Code Section 66000 et seq. (Ord. 2018-9 § 2 (part))

8-07.030 Creation of special fund and use of funds.

The fee collected pursuant to this chapter shall be deposited in a special fund created to hold the revenue generated by the fee. Moneys within the fund may be expended for citywide parks and recreational purposes, including land acquisition, park improvements, open space acquisition and trail improvements. Funds may further be used to reimburse the city for costs advanced in anticipation of new residential development, including, without limitation, administrative costs incurred with respect to parks, recreational and open space projects, or to reimburse other developers who have constructed public parks, recreational facilities, open space and trails, where those facilities were beyond those needed to mitigate the impact of the developer’s project or projects. In the event that bonds or similar debt instruments are issued for advanced provision of public recreational and open space facilities for which development impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments. (Ord. 2018-9 § 2 (part))

8-07.040 Payment of fee.

The fee established in this chapter shall be collected in accordance with the provisions of California Government Code Section 66007, as the same presently exists or may hereafter be amended from time to time. (Ord. 2018-9 § 2 (part))

8-07.050 Exemptions.

The following shall be exempted from payment of the fee adopted by this chapter:

A. Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created. The expansion of or change of use of an existing commercial or industrial building or structure which creates residential dwelling(s) shall not be exempt from the fees established in this chapter. For purposes of this section, “expansion” shall be defined as any increase in the gross floor area of the existing building or structure.

B. The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.

(Ord. 2018-9 § 2 (part))