The city council finds and declares that:

A.

The principles and standards for park and recreation facilities and development have been designated in the recreation element of the Rocklin general plan.

B.

New residential uses permitted as conditional uses within the city place an additional burden on the city's park and recreation facilities.

C.

Those residential uses permitted as conditional uses within the city require additional park and recreation facilities to serve their needs.

D.

Park and recreational facilities contribute to and improve the quality of life within the city. Adequate park and recreational facilities are essential to the public health, safety and welfare.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.500, 1977).

The purpose of this chapter is to provide and maintain park and recreational facilities to benefit residential uses permitted as conditional uses within the city and to provide a means of financing these park and recreational facilities.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.501, 1977).

Conditional use permits for residential uses shall be conditioned on the payment of a park and recreation fee in an amount established by resolution of the city council and in the manner set forth in this chapter. The amount of such fee shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the residential use for which the conditional use permit is granted.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.502, 1977).

Fees collected pursuant to this chapter shall be used only for the purpose of providing and maintaining park and recreational facilities to serve the use for which the conditional use permit is granted. If the city council determines that there is sufficient land available for park and recreational purposes, such fees may be used to improve and maintain existing park and recreational facilities serving the use for which the conditional use permit is granted.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.503, 1977).

Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of a building permit(s) for the use authorized by the conditional use permit, whichever occurs last. If such fees are not committed within this five-year period, the fees shall be returned to the applicant.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.504, 1977).

Prior to the effective date of the ordinance codified in this chapter, the city council shall adopt by resolution a schedule specifying the projected use of funds collected under this chapter. The council may amend this schedule from time to time.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.505, 1977).

A.

If the project for which the conditional use permit is granted has or is required to dedicate land and/or pay fees pursuant to the Chapter 16.28, such subdivision fees shall be credited against the total amount of the park and recreation fee assessed under this chapter.

B.

If the property for which the conditional use permit is granted has been assessed a park and recreation fee pursuant to Chapter 3.16, as amended, and this fee has been paid, the applicant shall be credited for the amount of the fee paid. If the project for which the conditional use permit is granted will be assessed a park and recreation fee under Chapter 3.16, as amended, but this fee has not yet been assessed or paid, the applicant shall pay the entire fee assessed pursuant to this chapter and be exempt from the park and recreation fee assessed under Chapter 3.16, as amended.

C.

The provisions of this chapter shall not apply to conditional use permits issued for industrial or commercial uses, lodges, rest homes, community care facilities, day care centers, and residential facilities as defined in Section 17.04.480.

(Ord. 466 § 1 (part), 1982: Ord. 333 § 3.03.506, 1977).

No credit shall be given for private open space planned for the use for which the conditional use permit is granted, except whenever any conditional use permit is granted for a residential use containing fifty or more units to be developed as an apartment project or stock cooperative for which no subdivision map is required, and private open space for park and recreational purposes is provided in the proposed plans and such space is to be privately owned and maintained by the future residents of the use, partial credit, not to exceed fifty percent, may be given against the requirement of payment of fees if the planning commission upon the recommendation of the parks and recreation commission, finds that it is in the public interest to do so and all of the following standards are met:

A.

Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

B.

The private ownership and maintenance of the open space is adequately provided for by recorded written instrument, conveyance or restrictions; and

C.

The use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor; and

D.

The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E.

The facilities proposed for the open space are in substantial accordance with the provisions of the recreational elements of the general plan. Before credit is given, the commission shall make written findings that the above standards are met.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.507, 1977).

(Ord. No. 963, § 2, 7-27-2010)

At the time of the approval of the conditional use permit, the commission shall determine the fees to be paid by the applicant and whether or not any credit shall be given or any exemption applied. The applicant shall pay the fee no later than six months after final city approval of the conditional use permit or prior to any application for a building permit, whichever occurs first unless the commission designates a later time for payment.

In the event credit was established, the amount of the credit shall be reimbursed upon the determination of the planning director that the open space and related facilities that qualified the project for credit have been completed per the approved plans.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.508, 1977).

A.

If the applicant fails to commence the use for which the conditional use permit was issued and the applicant paid park fees pursuant to this chapter, the applicant may file for a refund of such fee upon the expiration and lapse of the conditional use permit. The application for refund shall be filed with the planning director.

B.

Failure to claim such refund within one year of the expiration of the conditional use permit shall be a waiver of any right to such refund.

C.

Upon satisfactory proof that the conditional use permit has not been exercised, and upon approval by the planning commission, the city shall refund any such park fee.

D.

This section shall not apply to permits which have been exercised and have lapsed under the provisions of subsection B of Section 17.70.070.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.509, 1977).