Ordinance No. 721 - Park & Recreational Impact FeesORDINANCE NO. 721
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD AMENDING THE ROSEMEAD
MUNICIPAL CODE REGARDING PARK AND RECREATION
IMPACT FEES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council finds, determines and declares:
(A), The Resource Management Element of the General Plan
establishes standards for development of park, recreation and open
space resources and identifies public facilities required to achieve
these standards; and
(B) The City Council has determined that the fees imposed by
this ordinance shall be used to acquire, expand, remodel, renovate,
rehabilitate and improve public facilities identified in the Resource
Management Element; and
(C) The City Council has found this fee to be consistent with
the City's General Plan and 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; and
(D) Existing revenue sources are inadequate to finance the
facilities needed to achieve the standards of the Resource Management
Element, and the City Council has determined that the uses to which
the impact fees provided by this ordinance will be applied will
benefit the occupants of newly developed dwelling units and has
further determined that the Park and Recreation Impact fees bear a
reasonable relationship to: (i) the increased costs of acquiring,
improving and expanding public parks, playgrounds and recreational
facilities to meet the needs of the persons who will occupy newly
developed dwelling units and (ii) the increased costs of renovating,
rehabilitating and remodeling such public facilities to absorb the
additional wear and tear resulting from increased use attributable to
the persons who will occupy newly developed dwelling units.
Section 2. Section 10001 of the Rosemead Municipal Code hereby
• added to read as follows:
Section 10001. Park and Recreation Impact Fee.
(a) The fees imposed by this section shall be deposited
in the Park and Recreation Facilities Fund and shall be
used only to finance the acquisition, expansion,
Ord. No. 721
Page_2
remodeling, renovation, rehabilitation and improvement of
park, recreational and open space facilities identified in
the Resource Management Element of the General Plan and to
finance such other public park, recreational and open
space facilities as may be designated in a capital
improvement plan adopted by resolution of the City
Council.
(b) Every person constructing a new dwelling unit within
the City 'shall pay to the City a park and recreation
impact fee in the amount of $800.00 (Eight Hundred
Dollars) for each dwelling unit. This fee shall not be
payable when a dwelling unit is rebuilt after a fire,
earthquake or other natural disaster. By resolution duly
adopted, the City Council may modify the amount of the fee
per dwelling unit established by this section.
(c) The amount of the charge due under this section shall
be determined at the time of issuance of the building
permit for the dwelling unit and the full amount shall be
due and payable to the City on the date of final
inspection or the date of the issuance of the Certificate
of occupancy, whichever occurs later. No Certificate of
Occupancy shall be granted for the dwelling unit, no one
shall occupy the dwelling, and no utility connections
shall be permitted until the fee is paid in full.
(d) Any person otherwise required to pay a fee under this
section may, with City Council approval, receive a credit
when that owner constructs a park, recreation or open
space improvement identified in the Resource Management
Element of the General Plan. The credit shall offset, on
a proportionate basis without interest, the park and
recreation impact fee required to be paid under this
section based on the City's most recent estimated cost of
constructing the facility or the portion of the facility
actually completed by City contract or with City
resources.
(e) A developer of any project subject to the fee
described in this section may apply to the City Council
• for a reduction or adjustment to that fee, or a waiver of
that fee, based upon the absence of any reasonable
relationship or nexus between the park and recreation
facilities impacts of that development and either the
amount of the fee charged or the type of facilities to be
financed. The application shall be made in writing and
filed with the City Clerk not later than the time for
filing of the request for a building permit. The
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Page 3
application shall state in detail the factual basis for
the claim of waiver, reduction or adjustment. The City
Council shall consider the application at a public hearing
held within 60 days after the filing of the fee adjustment
application. The decision of the City Council shall be
final. If a reduction, adjustment, or waiver, is granted,
any change in use within the project shall invalidate the
waiver, adjustment or reduction of the fee.
(f) As used herein, "dwelling unit" means and includes
each single - family dwelling and each separate unit in an
apartment house, duplex, multiple - family dwelling or
condominium designed as a separate habitation for one or
more persons.
Section 3. This ordinance shall be effective 60 days following
its adoption, and the fee provided hereunder shall apply to the
issuance of any building permit for any residential development
issued after the effective date.
Section 4. The City Clerk shall certify to the adoption of this
Ordinance.
PASSED, APPROVED and ADOPTED this 12th day of January , 1993.
r o e�7
MAYOR
ATTEST:
CITY CLERK
A:120892N:31
I hereby certify that the foregoing Ordinance No. 721 was introduced at an-adjourned
meeting of the City Council of the City of Rosemead held on the '15th day of December,
1992, and was duly adopted by said City Council at their regular meeting held on the
12th day of-January, 1993,.by the following vote:
Yes: Clark, Bruesch, Vasquez
No: Taylor
Absent: McDonald
/ Abstain: None /7
TY CLERK