Chapter 12.40
PARK ACQUISITION AND IMPROVEMENT

Sections:

12.40.010  Title.

12.40.020  Purpose.

12.40.030  Definitions.

12.40.040  Amount of recreation land required.

12.40.050  Fees – Generally.

12.40.060  Fees – Amount.

12.40.070  Fees – When payable.

12.40.080  Credit for private open space.

12.40.090  Dedication of park land in new developments.

12.40.100  Parks acquisition and improvement fund.

12.40.110  Commencement of development.

12.40.010 Title.

This chapter shall be known and cited as the “park acquisition and improvement ordinance.” (Ord. 388 § 2, 1993)

12.40.020 Purpose.

The continued increase in the development of dwelling units in the city with the attendant increase in the population of the city has created an urgent need for the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the city, and the means of providing additional revenues with which to finance such public facilities. The council declares that the fees required to be paid hereby are assessed pursuant to the taxing powers of the city and solely for the purpose of producing revenue. (Ord. 388 § 2, 1993)

12.40.030 Definitions.

Except where the context requires otherwise, the definitions given in this section govern the construction of this chapter:

A. “Dwelling unit” means and includes each single dwelling and each unit of an apartment, duplex or multiple-family structure designed as a separate habitation for one or more persons and mobile homes. For the purpose of establishing the amount of fee, mobile homes shall be considered three-bedroom dwelling units.

B. “Persons” means and includes every person, firm or corporation constructing a dwelling unit itself or through the services of any employee, agent or independent contractor. (Ord. 388 § 2, 1993)

12.40.040 Amount of recreation land required.

It is found and determined:

A. That the public interest, convenience, health, welfare and safety require that five acres of land, for each 1,000 persons residing within this city, be devoted to park and recreation purposes;

B. That the requirement will be satisfied in part by the joint use of schools, playfields and other community facilities and open spaces;

C. That the remainder of the required acreage shall be supplied by the requirements of this chapter and the recreation program of the city;

D. That the above standards are consistent with the recreation element of the general plan of the city. (Ord. 388 § 2, 1993)

12.40.050 Fees – Generally.

The fees imposed by this chapter shall be applicable to every dwelling unit and mobile home space constructed in the city. (Ord. 388 § 2, 1993)

12.40.060 Fees – Amount.

A. Every person constructing any dwelling or mobile home unit in the city for which a park acquisition and improvements fee is required shall pay to the city a fee determined by the following fee schedule; providing, that every lot in a subdivision and every parcel of land which has been charged a fee for park and recreation purposes pursuant to Ordinance Nos. 139, 260, 261, or 305 of the city shall receive a credit on the fees payable hereunder in the amount of those fees previously paid. Proof of previous payment shall lie with the applicant. No fees shall be required for dwelling or mobile home units destroyed by fire or other natural disasters, and applying for a permit to rebuild within six months of the disaster:

1. Acquisition and development fee: $1,566 per dwelling or mobile home unit;

2. Development fees (to be used when developer has donated land in lieu of acquisition fee in accordance with EMC 12.40.090): $586.00;

3. If developer has donated land and developed the park as approved by the city, no acquisition or development fee as specified by this resolution shall be charged.

B. The city council may revise the fee schedule in subsection A of this section from time to time by resolution. (Ord. 388 § 2, 1993)

12.40.070 Fees – When payable.

All required fees shall be paid on a unit-by-unit basis and shall be due and payable upon the application to the city for a building permit for the construction of any dwelling unit or mobile home space; provided, however, that there shall be a refund of such fees in the event that the building permit is not approved, or is not used for such construction. Until such time as the city takes over the inspection of mobile home parks from the state, fees in connection with mobile home spaces shall be due and payable as a condition of site plan approval of a mobile home park. (Ord. 388 § 2, 1993)

12.40.080 Credit for private open space.

Where private open space for park and recreation purposes is provided in a planned unit development or mobile home park and such space is to be privately owned and maintained by the future owners, such areas may be credited against the fee requirements for park and recreation purposes as set forth in this chapter, to the degree that such space provides a minimum of 250 square feet of usable area per dwelling unit; provided, the city council, after recommendation of the planning commission, finds that it is in the public interest to do so, and that the following standards are met:

A. That yards, court areas, setbacks and other areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces; and

B. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

C. That the use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of property within the development and which cannot be defeated or eliminated without the consent of the city council; and

D. That the proposed private open space is reasonably adaptable for park and recreation use, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

E. That facilities proposed for the open space are in substantial conformance with the recreation element of the general plan. (Ord. 388 § 2, 1993)

12.40.090 Dedication of park land in new developments.

In new subdivisions containing 50 parcels or more, or when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the city may, at its option, require the dedication of land for park or recreation purposes. In accepting such dedication the city shall make the following findings:

A. That the fair market value of the land being dedicated is at least equivalent to the amount of fees that would otherwise be required;

B. That the land to be dedicated is by reason of topography, soil condition, drainage and configuration, suitable for park and recreation purposes;

C. That the service area of the park is restricted by natural and manmade barriers to the least extent possible;

D. That the location of the site is in substantial conformance with the park and recreation element of the general plan. (Ord. 388 § 2, 1993)

12.40.100 Parks acquisition and improvement fund.

A. There is established a parks acquisition and improvement fund. All of the sums collected pursuant to this chapter shall be deposited in the parks acquisition and improvement fund and shall be used solely for the acquisition, improvement and expansion of public parks and playgrounds for recreation purposes only.

B. To the extent that it is practical to do so, funds collected from a given service area, as defined by the park and recreation element of the general plan, shall be expended for park and recreation facilities to directly serve that area. (Ord. 388 § 2, 1993)

12.40.110 Commencement of development.

At the time of approval of the final subdivision map, the city council shall specify when development of the park or recreational facilities shall be commenced. (Ord. 388 § 2, 1993)