Chapter 17.36 — PARK AND RECREATIONAL DEVELOPMENT CONSTRUCTION UNIT FEE

The continued increase in the development of dwelling units in the City of San Marcos, with the attendant increase in the population of the City, has created a need for the planning, acquisition, improvement, expansion and operation of public parks, playgrounds, recreational facilities to serve the increasing population of the City, and a need for additional revenues with which to finance such public facilities.

It is the intent of the City Council that each builder of each dwelling unit to be constructed within the City of San Marcos shall, prior to the construction, pay a fee as described herein. The payment of said fee is required and assessed pursuant to the taxing power of the City and is solely for the purpose of producing revenue. Further, it is the intent of the Council that all revenue generated by the payment of said fee shall be used for the acquisition, improvement, development and operation of park or recreational facilities.

As used herein the term:

(a)

Person shall mean every individual, partnership, firm or corporation that is to construct or is to be responsible for the construction of a dwelling unit, or every individual partnership, firm or corporation that is to construct, or is to be responsible for the construction of, a dwelling unit through the services of an employee, agent or independent contractor.

(b)

Dwelling Unit shall mean each single-family dwelling, each pad for a mobilehome or trailer, and each unit of an apartment, duplex, or multiple-dwelling structure, designed as a separate habitation for one or more persons.

Every person constructing any dwelling unit in the City of San Marcos shall pay to the City the applicable fee as adopted by Resolution by the City Council.

The applicable fee as described in this chapter shall be due and payable upon issuance of a building permit by the City for the construction of any dwelling unit. Fees paid pursuant to the terms of this chapter shall be paid one time only. Any fee paid pursuant to the terms of the chapter shall be refunded by the City in the event that the building permit is not used for such construction. For subdivisions, the date of City Council approval of the tentative subdivision map shall be used for determining the amount of fee due.

All fees collected shall be used solely for the acquisition, improvement and development and operation of park or recreational facilities. Said facilities shall be located and operated to reasonably meet the recreational needs of the increased population of the City and particularly the recreational needs of the occupants of those dwelling units.