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HomeMy WebLinkAbout3714 I' II ORDINANCE NO. .37;1 it!... 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE IMPOSITION OF A FEE ON THE PRIVILEGE OF CONSTRUCTING MOBILEHOME 3 LOTS AND RESIDENTIAL DWELLING UNITS IN SAID CITY; ESTABLISHING THE AMOUNT OF SAID FEE; AND PROVIDING FOR CREDIT THEREON FOR 4 CERTAIN DEDICATION OF PARK LANDS AND IMPROVEMENTS. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Purpose. The purpose of this ordinance is to 8 provide for the payment of a fee for each new residential dwelling 9 unit constructed, and for each new mobilehome space improved; 10 said fee to be placed in a specially designated fund to be 11 utilized for the acquisition and improvement of neighborhood and 12 community parks and recreational facilities in general accord 13 with City of San Bernardino General Plan as adopted August 17, 1964, 14 by Resolution No. 7336, including all subsequent amendments theret . 15 SECTION 2. Definitions. 16 (a) Dwelling, ODe~Family. As used in this ordinance, 17 "one-family dwelling" shall mean a detached building of permanent 18 character, placed in a permanent location, which is planned, 19 designed or used as a residence for one family only living inde- 20 pendently of other families or persons. 21 (b) Dwelling, Two-Family. As used in this ordinance, 22 "two-family dwelling" shall mean a building of permanent 23 character, placed in a permanent location, which is planned, 24, designed or used for residential purposes, for two families 25 living independently of each other. 26 (c) Dwelling, Multiple. As used in this ordinance, 27 "multiple dwelling" shall mean a building of permanent character, 28 placed in a permanent location, which is planned, designed or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 used for residential purposes, for three or more families living independently of each other. (d) Family. As used in this ordinance, "family" shall mean one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. (e) Mobilehome. As used in this ordinance, "mobilehome" shall mean a vehicle other than a motor vehicle, designed or used for residential purposes, for carrying persons and property on its own structure, and for being drawn by a motor vehicle. (f) Mobilehome Park. As used in this ordinance, "mobile- home park" shall mean any area or tract of land containing one or more mobile home lots. (g) Mobilehome Lot. As used in this ordinance, "mobile- home lot" shall mean any area or portion of a mobilehome park designated, designed or used for the occupancy of one mobilehome on a temporary, semipermanent or permanent basis. (h) Person. As used in this ordinance, "person" shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society or individual. (i) Residential Dwelling Unit. As used in this ordinance "residential dwelling unit" shall mean a building, or a portion of a building planned, designed or used as a residence for one family only living independently of other families/or persons and having its own bathroom and housekeeping facilities included in said unit (for example, a one-family dwelling, each unit of a -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 two-family dwelling, each unit of a multiple dwelling, and each apartment in an apartment house). SECTION 3. Constitutional Exemptions. Nothing in this ordinance shall be construed as imposing a tax on any person when imposition of such tax upon that person would be in violation of the Constitution of the United States or that of the State of California. SECTION 4. Park and Recreation Construction Fee Imposed. A Park and Recreation Construction Fee is hereby imposed on the privilege of constructing in the City of San Bernardino any mobilehome lot or residential dwelling unit, and every person to whom a permit to construct any residential dwelling unit in the City of San Bernardino is issued, and every person to whom a permit to construct and install electrical and plumbing equipment to service a mobilehome lot in a mobilehome park in the City of San Bernardino is issued, shall pay to the City of San Bernardino such tax at the following rates, to wit: The sum of $350.00 for each one-family dwelling con- structed. The sum of $230.00 for each residential dwelling unit constructed in a multiple dwelling containing at least two (2) or more residential dwelling units. The sum of $120.00 for each mobilehome lot constructed in a mobilehome park or mobilehome park subdivision. The tax imposed by this section shall be imposed regardless of whether the new dwelling unit is created by new construction or by modification of existing non-residential structures. The tax imposed shall apply to new mobilehome park sites regardless -3- I' 1 2 I .1 j! Ii of whether they are part of a new mobilehome park or an addition to an existing park. The tax imposed shall also apply to the 3 conversion of an existing apartment dwelling into a condominium 4 or condominiums if the construction of the apartment building 5 6 does not subject any person to the tax imposed by this ordinance. SECTION 5. Time of Payment. The Park and Recreation Construction Fee herein required to be paid shall be due and pay- 7 8 able upon issuance by the City of San Bernardino of a building 9 permit for the construction of any residential dwelling unit, or 10 upon issuance by the city of San Bernardino of a permit to con- struct and install electrical and plumbing equipment to service 11 12 a mobilehome lot in a mobilehome park; provided, however, that 13 there shall be a refund of such fee to the person who paid such 14 fee in the event that the building permit or permit to construct and install electrical and plumbing equipment to service a mobile 15 16 home lot in a mobilehome park expires, within the meaning of 17 Section 302(d) of the latest edition of the Uniform Building Code 18 adopted in said City, within thirty (30) days after the date of 19 such expiration, upon written application for such refund by the 20 person who paid such fee setting forth in full the facts showing 21 that such permit has expired. The full amount due under this ordinance shall constitute a debt to the City. An action for the collection thereof may be commenced in the name of the City in any Court having jurisdiction of the cause. 22 23 24 SECTION 6. Place of Payment. Park and Recreation Con- 26 struction Fee shall be paid to the building official of the City 25 27 of San Bernardino or his authorized agent at the office of the 28 Building Department of the City of San Bernardino. The fee shall -4- I' I 1 be placed in the Park and Recreation Construction Fee Fund. SECTION 7. Use of Fees for Acquisition, Improvement and Expansion of Public Park, Playground and Recreational Facilities. All of the Park and Recreation construction fees collected pur- 2 3 4 5 6 suant to the provisions of this ordinance shall be placed into a special fund which is hereby created and established for such purpose and which shall be known as the Park and Recreation Con- 7 8 struction Fee Fund. The said fund shall be composed of a 9 separate revenue and expense account. Fees collected pursuant 10 to this ordinance shall be deposited in the revenue and expense 11 account called Park and Recreation Construction Fee Fund, and 12 shall be used and expended solely for the acquisition, improve- 13 ment and expansion of the public park, playground and recreational facilities, of the City of San Bernardino, and for the installa- 14 15 tion and development of playground and recreational facilities 16 owned by elementary and high school districts. SECTION 8. Credits for Land and Improvements Dedication. In lieu of the payment of all or some portion of the Park and 17 18 19 Recreation Construction Fee as aforesaid, the Mayor and Common 20 Council may grant credit for land and improvements which are 21 dedicated in fee to public recreation and park purposes and 22 accepted by the City subsequent to ,19_ 23 Dedicated land to be eligible for the credit must be certified 24 by the City Planning Commission as meeting the requirements of 25 the park and recreation elements of the Master Plan of the City 26 of San Bernardino. The amount of dedicated land eligible for the 27 credit, the amount of credit to be given under this section, and 28 the terms and conditions of the credit, if any, between the City -5- 1 2 I' I I I I, i: I: :Iand the dedicator shall be determined by mutual agreement. I II I SECTION 9. Severability. If any section, subsection, I subdivision, paragraph, sentence, clause or phrase of this ,I ordinance or any part thereof is for any reason held to be un- constitutional, such decision shall not affect the validity of the 3 4 5 6 remaining portions of this ordinance or any part thereof. The Mayor and Common Council hereby declare that they would have 7 8 passed any section, subsection, subdivision, paragraph, sentence, 9 clause or phrase thereof irrespective of the fact that anyone 10 or more sections, subsections, subdivisions, paragraphs, sentences 11 clauses or phrases may be declared unconstitutional. 12 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San 13 14 Bernardino at a ';?1/~ on the /771- day of ~ , 1978, by the meeting thereof, held 15 16 following vote, to wit: 17 Councilmen ~ '2cJLd:J, ~~ ~--'~ Z::~) 4' ~ ~//f4.fLw ~ ~y Cl disapproved The foregoing ordinance is hereby app~eveQ this " AYES: 18 19 NAYS: 20 ABSENT: 21 22 23 24 of April , 1978. HAYOR'S VETO OVERRIDEN - MAY 1, 197 Mayor of the City of San Bernard no I am hereby disapproving Ord. No. 3714. While I support the concept of assessing new construction for park purposes, I feel that the flat rate method has certa n buil::-in disadvantages in that it places the same assessment on a small property owner as it does on the larger property -6- owner. In addition, the flat fee is not responsive to fluctuations in the econom 25 26 27 28 n T""T ,..,,-.,......... CITY OF SAN BERNARDINO - '. MEMORANDUM . "-,u '~' ,/ '. "". To Mrs. Lucille Goforth, City Clerk Ordinance No. ~ .3' 7/ j! From W. R. "Bob" Holcomb, Mayor Subject Date April 24, 1978 Approved Date If I am hereby disapproving Ordinance No. 37~. While I support the concept of assessing new construction for park purposes, I feel that the flat rate method has certain built-in disadvantages in that it places the same assessment on a small property owner as it does on the larger property owner. In addition, the flat fee is not responsive to fluctuations in the economy. A percentage fee would, in my opinion, be more equitable and more nsive. WRH:gd CITY Oil TH.=M~" of~ .