Lindsay Municipal Code § 3.16 Park Development Fee On New Construction

This chapter is enacted pursuant to the authority under the Government Code of the state for the construction of parks and recreation facilities and for the payment of fees to construct such facilities in accordance with the Resource Management Element of the General Plan of the city, adopted by the city in 1989.

(Ord. 443 § 1, 1991)

1. "Dwelling unit" means each single-family dwelling in each unit, an apartment, duplex, multiple dwelling structure, condominium, cooperative or planned unit development, as defined in Section 11003 of the Business and Professions Code of the state, or each stall, space or site, or location for a mobile home or trailer in a mobile home park or mobile home subdivision.
2. "Park and recreation facilities" means parks or other such improvements, equipment or capital facilities which serve to directly meet the park and recreation needs of residents of the city.

(Ord. 443 § 2, 1991)

Prior to issuance of a building permit for construction of a new dwelling unit, as defined in Section 3.16.020 of this chapter, or recording of a final map or parcel map, where applicable, a fee shall be paid to the city for the purpose of constructing park and recreation facilities. Such fees shall be composed of an acquisition fee and a development fee to be paid as follows:

1. The acquisition fee shall be paid at the time of filing (filing map approval) of final map or parcel map which is filed subsequent to city approval of a residential development, as defined in this chapter. The amount of the acquisition fee payable at the time of approval referenced herein shall be determined by multiplying the number of each type of dwelling unit planned for the parcels of the final map or parcel map times the acquisition fee for each type of dwelling unit in effect at the time of approval. Where no parcel map or final map is recorded prior to issuance of a building permit for a residential development, the acquisition fee shall be paid at the time of issuance of the building permit or permits according to the acquisition fee schedule in effect at the time of issuance of such building permit.
2. The development fee shall be paid at the time of issuance of a building permit or permits according to the development fee schedule in effect at the time of issuance of the building permit.

(Ord. 443 § 3, 1991)

It is found and determined that to provide for the public interest, convenience, health and welfare that five acres of city park and recreation facilities be provided for each one thousand residents. This standard has been established based on the city's park and recreation facility needs documented in the Resource Element of the General Plan.

The amount of land required for each type of dwelling unit shall be based on the average number of persons per household for each dwelling unit type which has been estimated by the most recent federal census or a state census taken pursuant to Section 40200 et seq. of the Government Code. The amount of land required for park and recreation facilities for each dwelling unit type are established as follows:

(Ord. 442 § 4, 1991)

1. The amount of the acquisition fee and the development fee for each type of dwelling unit shall be based on the average number of persons per household for each dwelling type and the cost of acquisition and development for park and recreation facilities.
2. The city shall establish by resolution the estimated per-acre cost of land acquisition and park development. The estimated cost of land acquisition so established shall be increased five percent per year. The estimated cost of park development shall be adjusted by an amount equal to the percentage change in the Construction Cost Index reported by the Engineering News Record. The city council may increase the estimated costs for park acquisition and park development by resolution as specified herein, in excess of the limitations specified in this section, upon a majority vote after at least one public hearing.

(Ord. 442 § 5, 1991)

Residential development subject to this chapter may receive a credit, as determined by the city council, against the required acquisition fee and development fee.

(Ord. 442 § 6, 1991)

A credit shall be given for the fair market value of any property dedicated to the city for public park and recreation facilities which are in conformity with the Resource Element of the General Plan. Where such dedication is in excess of the land dedication requirement for the planned residential development, compensation shall be provided to the landowner for the fair market value of the land dedicated in excess of the requirement specified in this chapter.

(Ord. 442 § 7, 1991)

A credit against the development fee may be given for the following recreational improvements:

1. An amount equal to the value of any improvements and any equipment which is in conformity with the Resource Element of the General Plan which is dedicated to the city along with dedicated park land.
2. Private park and recreation facilities, subject to review and approval by the city council, which meet the standards described below:
3. Yards, court areas, and other open areas required by the city zoning regulation and the Uniform Building Code shall not be included in the computation of park and recreation area;
4. Ongoing maintenance of the area is provided;
5. Use of the private area is restricted for park and recreation purposes and the legal documents be recorded which will run with the land in favor of the future property owners of the property; and when a portion of the private recreational area is also reserved for storm drainage purposes, that portion of the private recreational area, as determined by the city engineer, shall not be considered for credit;
6. The private area must be reasonably adequate for park and recreational purposes;
7. Developments containing four or more acres of private recreational areas must contain at least four of the following improvements, of which at least two improvements shall be from the active list:

Developments containing less than four acres of private recreational area shall have at least one of the above active or passive improvements for each acre developed. If the area required for open space is two acres or more, at least one of the above active improvements shall be required. 6. Private open space exceeds five percent of the net site area, as defined in the Lindsay zoning regulations; 7. Phased developments with private park and/or recreational facilities, shall conform to subdivision 5 of this subsection, in the aggregate, as each phase in combination with any previous phase is developed; 3. The amount of the development fee credit for private park and recreation facilities shall be equal to the fraction of the total required land acquisition which is provided in the private park and recreation facilities, as specified in Section 3.16.040 of this chapter, multiplied times the total development fee for the residential development. The development fee credit for private park and recreation facilities shall not exceed seventy-five percent of the required development fee. 4. The city council may reduce, waive or supplement the acquisition fee and/or development fee where it finds that such waiver or reduction will promote the construction of housing for low-income and moderate-income households where it makes a finding that other moneys are available to construct the necessary park and recreation facilities. 5. All fee credits provided for under this section shall be implemented through a development agreement with the city.

(Ord. 443 § 8, 1991)

Nothing in this chapter shall be construed to limit the city's ability to require dedication of park land for park and recreational purposes in accordance with the Resource Element of the General Plan. Where such dedications are required and made, a fee credit may be provided to a residential development as provided for in Sections 3.16.060, 3.16.070 and 3.16.080 of this chapter.

(Ord. 443 § 9, 1991)

The lands and fees received under this chapter shall only be used for the purpose of providing park and recreational facilities to serve the area in which the residential development is located and/or to provide community-wide recreational facilities.

(Ord. 443 § 10, 1991)