Article III — Park Facilities Fee

In order to implement the goals and objectives of the City's General Plan, and to mitigate the impacts caused by future development in the City, certain park facilities must be constructed. The City Council has determined that a park facilities fee is needed in order to finance these public facilities and to pay for each development's fair share of the construction and acquisition costs of these improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the housing element of the General Plan. (Ord. 662-05 § 1, 2005)

• A. A park facilities fee ("the fee") is established to pay for municipally-owned park and recreation facilities.

• B. The City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the benefit and impact area on which the fee is imposed, set forth the municipally owned public facilities to be financed with the revenue from the fee, describe the estimated cost of those facilities, and describe the reasonable relationship between the fee and the various types of future developments and set forth the time for payment of the fee.

• (Ord. 662-05 § 1, 2005)

The revenues raised by payment of the fee shall be accounted for in the City's capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These moneys shall be used for the following purposes:

• A. To pay for land acquisition for the public facilities designated in the Council resolution and reasonable costs of outside consultant studies related thereto;

• B. To reimburse developers who have dedicated land for such public facilities. (Ord. 662-05 § 1, 2005)

If a developer is required, as a condition of approval of a permit, to dedicate land for a public facility that has been designated to be financed with public facilities fees and if the facility has supplemental size or capacity over that needed for the impacts of the development, a reimbursement agreement with the developer and a credit against the fee otherwise levied by this chapter on the development project shall be offered by the City. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development. Subdividers dedicating land or paying a fee in lieu thereof pursuant to Section 17.30.020 shall be entitled to a credit against the fee.

(Ord. 662-05 § 1, 2005)

The City Council may, by resolution, adopt administrative guidelines to provide procedures for the calculation, reimbursement, credit, or deferred payment and other administrative aspects of the fee.

(Ord. 662-05 § 1, 2005)