Chapter 15.36


15.36.010    Intent and purpose.

15.36.020    Definitions.

15.36.030    New construction fees.

15.36.040    Payment.

15.36.050    Restriction on use of funds.

15.36.060    Establishment of standards and principles.

15.36.070    Time of development.

15.36.080    Effect of dedications.

15.36.090    Enforcement.

15.36.010 Intent and purpose.

A.    The city council declares that the fees required to be paid are assessed pursuant to the taxing power of the city and solely for the purpose of producing revenue.

B.    The continuing increase in the development of dwelling units and other construction in the city with tenant increase to the population of the city has created an urgency in that funds are needed for the increased demand for the planning, acquisition, improvement and expansion of public parks, playgrounds, open space, facilities and other leisure-oriented facilities required to serve the increasing population of the city. (Prior code § 3.28.010)

15.36.020 Definitions.

For the purpose of this chapter, the words and phrases are defined in this section which shall be so construed until it is plainly evident from the context that a different meaning is intended:

“Commercial-industrial” building means any commercial or industrial building or commercial or industrial unit building.

“Dwelling unit” includes each single-family dwelling and each separate habitation unit in an apartment, duplex or multiple dwelling structure designated as a separate habitation for one or more persons, although part of the same building or structure. “Dwelling unit” also includes each guest room or condominium designed as a separate habitation for one or more persons.

“Person” means and includes every person, firm or corporation engaged in construction activities itself or through the services of any employee, agent or independent contractor.

“Trailer space” means each space, area or building in a trailer park or mobilehome park or other place designed or intended as a place to accommodate any mobilehome, trailer, van, bus or other vehicle or mobile structure when the same is intended to be used as living quarters or sleeping quarters for human beings. (Prior code § 3.28.020)

15.36.030 New construction fees.

A.    In addition to any other fee or fees prescribed every person constructing any new commercial-industrial building, dwelling or trailer space in the city shall pay to the city the sum as prescribed by a resolution entitled “park development fee on new construction.”

B.    The fees as established by resolution may be amended by further resolution of the city council from time to time. (Prior code § 3.28.030)

15.36.040 Payment.

Such fees shall be due and payable prior to the issuance of a building permit for the construction of any such commercial-industrial building, dwelling unit or trailer space; provided, however, that there shall be a refund of such fee in the event the building permit is not issued for such construction. (Prior code § 3.28.040)

15.36.050 Restriction on use of funds.

All the sums collected pursuant to this chapter shall be deposited in the parks development fund for recreation and park purposes and shall be used solely for capital outlay expenditures such as, but not limited to, the following:

A.    Purchase of land and interest in land;

B.    Development of parks and buildings for the use therein;

C.    Acquisition and development of other varieties of open space;

D.    Acquisition and development of bicycle trails, riding trails and other types of trails for recreational use;

E.    Acquisition and development of recreational facilities and equipment;

F.    Development of recreation facilities on other public and school property. (Prior code § 3.28.050)

15.36.060 Establishment of standards and principles.

Definite principles, standards for determining the amount of fees to be paid by a subdivider may be established by resolution of the city council. (Prior code § 3.28.060)

15.36.070 Time of development.

Development of the park and recreational facilities planned within the city have begun and will continue with partial financial support from the park development fee on new construction as provided in this chapter. (Prior code § 3.28.070)

15.36.080 Effect of dedications.

No dedication of a portion of any subdivision will be required by this chapter which provides only for payments of fees to be used for the purpose of park and recreational facilities to serve new subdivisions and developments within the city. (Prior code § 3.28.080)

15.36.090 Enforcement.

The city manager or his or her duly authorized representative shall be charged with the enforcement of this chapter. (Prior code § 3.28.090)