§ 13.12

Unless otherwise specifically described in this chapter, all provisions of chapters 13.04 and 13.08 of this title shall apply to park fees. The definition of "park fees" includes all development impact fees collected to offset the costs associated with the construction of park improvements; provided, however, that "RSP park

fees" are not included in the definition of "park fees." "RSP park fees" are addressed in chapter 13.20 of this title. The provisions of all other chapters of this title shall not apply to park fees.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

The public facility categories, and corresponding fee funds, for "park fees," shall include, but not be limited to the following:

(a)

Infill park fee;

(b)

Plan C park fee.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

Each implementing resolution for each park fee shall include a park fee subcomponent for small and medium size parks (such as neighborhood parks of approximately two (2) to fifteen (15) acres in size, and/or mini parks of approximately 0.5 acres in size), and a park fee subcomponent for community parks of a size larger than neighborhood parks.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

Notwithstanding the provisions of section 13.08.010 (f), the Subdivider's application for the land acquisition portion of the park fee credit shall be based upon either: (a) the estimated cost of land acquisition set forth in the implementing resolution upon which the park fee is based; or (b) the method provided by section 13.08.010 (f). Additionally, the Subdivider's application for park fee credit shall document, to the satisfaction of the City Engineer and the Parks and Community Services Director, that the total amount of requested credit is a reasonable estimate of the costs of providing the public facilities proposed by the Subdivider to be included in the park for which the Subdivider requests credit. The reasonableness of the credit request, as required by this section, may be documented by either of the following: (c) establishing that the public facilities for which the Subdivider requests credit are included in the implementing resolution upon which the park fee is based; or (d) providing a cost estimate, prepared by a competent professional, which establishes the reasonableness of the request for credit. All other non-contradictory provisions of section 13.08.010 shall apply to park fees.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

Notwithstanding the provisions of section 13.08.020(e), the Subdivider may be entitled to potential credit for contingencies. All other non-contradictory provisions of section 13.08.020 shall apply to park fees.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

(a)

Notwithstanding the provisions of section 13.08.030, the City Engineer shall prepare a written determination of the amount of actual credit available to the Subdivider to be applied against park fees after the Subdivider establishes completion of either: (1) for the non-land acquisition portion of the park fee credit, all requirements described in sections 13.08.010 (a)—(e) and (g)—(j); or (2) for the land acquisition portion of the park fee credit, the Subdivider shall transfer the real property to the City in a form acceptable to the City Engineer, and the Subdivider shall establish compliance with the timing requirements set forth in section 13.08.010(j).

(b)

Notwithstanding the provisions of section 13.08.030(c), the Subdivider's written designation of credit allocation for park fees shall be limited to the park fee subcomponents for small and medium size parks (such as neighborhood parks and mini parks), and shall not be applied to the park fee subcomponent for community parks.

(c)

All other non-contradictory provisions of section 13.08.030 shall apply to park fees.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

13.12.070 - Payment of reimbursements by the City for park projects.

Notwithstanding the provisions of section 13.08.070(a), as of the date of a properly submitted request for reimbursement for a park fee project, the City shall designate a separate reimbursement account within the relevant fee fund for the individual park fee project. The City Engineer shall designate a specified geographical area which receives a benefit from the individual park fee project. To the extent that the City collects fees from development projects within the specified geographical area, the City shall deposit in the reimbursement account ninety-five (95%) percent of all fees collected. The City shall not designate a separate ten (10%) percent reimbursement account for park fees, as otherwise described in section 13.08.070(a). All other non-contradictory provisions of section 13.08.070 shall apply to park fees.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

13.12.080 - Obligation to dedicate land or pay fees.

Pursuant to the authority of Government Code sections 66477, et seq., and as required by Tracy Urban Management Plan Goal PF 6, all development projects shall be required to maintain the City standard of four (4) acres of park land per 1,000 population. All development projects, as a condition of approval of any tentative parcel map or tentative subdivision map, or as a condition of approval of any building permit, shall dedicate land to the City or pay a fee in lieu thereof, or a combination of both, in order to maintain this City standard. The precise obligation of any development project to dedicate land or pay a fee pursuant to this

section shall be incorporated in the implementing resolution for the park fee applicable to the development project.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

Chapter 13.16 - DOWNTOWN INCENTIVE AREA FEES

Sections:

Article 1. - General Provisions

13.16.010 - Application of impact fee ordinance to this chapter.

Unless otherwise specifically described in this chapter, all provisions of chapter 13.04 of this title shall apply to Downtown Incentive Area fees. The provisions of all other chapters of this title, including chapter 13.08, shall not apply to Downtown Incentive Area fees. This chapter shall apply to Downtown Incentive Area parking fees and Downtown Incentive Area streetscape fees.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

13.16.020 - Public facility categories for Downtown Incentive Area fees.

The following public facility categories, and corresponding fee funds, collectively referred to as "Downtown Incentive Area fees," have been established:

(a)

Downtown Incentive Area parking fee (hereinafter "parking fee");

(b)

Downtown Incentive Area streetscape fee (hereinafter "streetscape fee").

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

13.16.030 - Calculation of total program costs for streetscape fees.

Notwithstanding the provisions of section 13.04.050, the total program costs for streetscape fees shall be comprised of the following components:

(a)

Estimated purchase price in an amount specified in the implementing resolution;

(b)

Estimated installation costs in an amount specified in the implementing resolution;

(c)

Estimated project management costs in an amount specified in the implementing resolution;

(d)

Estimated program implementation costs in an amount specified in the implementing resolution;

(e)

Contingencies in an amount specified in the implementing resolution.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)