AgdaPkt 2007-09-10 - Laserfiche WebLink

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7B Page 23 PARK IMPR�VEMENT: Includes the planning, design, construction, acquisi#ion, installatian, improvement ar expansion of any mini parks, neighborhood parks, comrr�nity park� �nd specia! use pa;ks, i^clud;ng associated ar aNpurtenant recreational facilities and equipment and acquisition of land necessary for any Park Impravement RESIDENTtAL USE: Means a "Dwelling", as that term is defined in Section 2.32 0#the Zoning Code. 18.25$ Imposition and Payment of Parks fmpac# �ee A. The Impact Fee is hereby imposed as a condition of the issuance of any permit for any Devefopment, unless expressly exempted by this chapter. The rate of #he lmpact Fee shall be calculated pursuant to Section 'f 8.259 of this Code. B. Except as otherwise required by Government Code Section 66007, the Impact Fee shall accrue when the first discretionary approvai is given for a Project after the effecfive dafie of this section, ar, if no such discretionary approval is required subsequent to the effective date of this Section, when an application is submitted for a buiiding permit fior that Project. In either case, fihe Impact Fee shall be payable when an application is submitted for a building permit for the Project. An Impact Fee shall be calculated at the rate in effect when the Impact Fee accrues. C. Payment of the Impact Fee may be defarred to the date of approval of the final building inspection of the developmertt, provided the owner of the real praperty for which the fees are required enters into a recordable agreement with the city prior fio issuance of the building permit for the development, which shall constitute a (ien on the -- property from the da#e of recordation and shall be enforceable-against successors in interest to tf�e property owner. The agreement shall provide thafi approval of the final building inspection shall not be granted unti( the Impact Fee is paicl. The agreement shall also provide that, in any actian to collect the Impact Fee or any portion thereof, the city shall be entitled to a!I of its costs of enforcement and coilectian, including reasonable attorney's fees. The city manager may execu#e such agreements on behalf of the city in a form acceptable to the city attorney. Any deferral granted pursuant ta this paragraph (b) shall be consistent wi#h the requirements of Government Code Section 66007. D. Except to the extent a credit is granted pursuant to Artic[e 12 of Chapter 30 of this Code, a credit against the Impact Fee may be given for dedications of Park Improvements constructed or provided at private expense and for the value of land dedicated #o the City that is necessary or us�ful to a Park Improvement. Such credit will be granted only if, prior to dedication, the city council determines (i} that the dedicated land or improvement is included on the Impact �'ee Project List and (ii) that the grant of the credit, in lieu of #he fee, will not cause the city fo delay the implementation of elements of the Program that are of higher priority, in the judgment of the city council, than the land or Eligible Facility to be dedicat�d. At the time the City Cauncil makes ATTY/ORD/ORD.288 090507