§ 9105.15

A.

Purpose. This Section establishes requirements for the collection of fees for parks and related recreational purposes to serve the residents of newly created subdivisions.

B.

Council Recitals. The Council finds, determines, and declares as follows:

1.

In 1975, the State Legislature amended the Act (Government Code Sections 66410 et seq.) to enable the City to require the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision;

Before the City may avail itself of Government Code Sections 66410 et seq., it shall have an Open Space and Conservation Element (referred to in the General Plan as the Parks, Recreation, and Community Resources Element) to the General Plan with definite principles and standards for the park and recreational facilities to serve the residents of the City; and

3.

The Council has adopted the Parks, Recreation, and Community Resources Element of the General Plan.

9105.15.020 - Applicability.

A.

Subdividers Shall Provide Park and Recreational Facilities. Every subdivider who subdivides land shall pay a fee, as specified in this Section, for the purpose of providing park and recreational facilities to serve future residents of the subdivision.

B.

Application - Exceptions. The provisions of this Section shall apply to all subdivisions, as that phrase is defined in Government Code Sections 66410 et seq., except for the following:

1.

Condominium projects which consist of the subdivision of air space in an existing apartment structure which is more than five years old when no new dwelling units are added;

2.

Industrial subdivisions;

3.

Parcel maps containing four or fewer lots; and

4.

For a shopping center with no residential development or uses.

C.

Applicability to Parcel Maps and Multi-Dwelling Unit Developments.

1.

The requirements of this Subparagraph shall also apply to persons filing parcel maps for approval by the City and to persons constructing new multi-unit residential developments within the City, except as provided in this Section.

In compliance with the provisions of this Section, persons subject to the provisions of this Subparagraph shall pay the required fee(s).

A.

Authority. The Mitigation Fee Act allows the City to establish and collect development impact fees for municipal facilities and services based on statutory findings. The fees may be established by resolution of the Council.

B.

Establishment. There is created a special fund to be known and designated as the Park Facilities Impact Fee Program ("Program"). The Council may establish by resolution, from time to time, a park facilities impact fee, the proceeds of which shall be deposited in the Program.

C.

Purpose of fees.

1.

The fee advances a legitimate interest of the City by enabling the City to provide park and recreation facilities and services to new development.

2.

The purpose is to provide a funding source for the cost to acquire and develop the land for new parks and recreation facilities and the improvement and development of park and recreation facilities.

A.

Council Resolution 6602. Council Resolution 6602, effective March 14, 2008, established a Park Facilities Impact Fee based on the following amounts:

1.

$2.85 per square foot for single-family projects;

2.

$3.73 per square foot for multifamily projects; and

3.

For remodels or demolitions, a residence will only be charged for the new net livable square footage.

B.

Fee Amendments. The fee may be amended by Council resolution from time-to-time to respond to current costs.

The fees received in compliance with this Section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

Section 9105.17 - Non-Residential Condominiums