HomeMy WebLinkAboutOrdinance 1469 N.C.S. 06/15/1981_ ~ .` . ~ - ~
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ORDI~NANGE NO.. 1469. . N. C. S.
INTRODUCED BY COUNCIL"MAN
SEGQN'DED BY COUNCILMAN
Albert Battaqlia.
AN ORDINANCE AMENDING SECTION~17 14~.060 OF THE
PETALUMA Ml1NICIPAL-CO:DE T0 PROVIDE FOR RE.DUCTION OF COMMUNITY
FACILITIES' DEVELOPMENT FEES AND AMENDING SE`~CTION 20.34:240 TO
PROV:IDE FOR EXEMPT:ION ~FROM PARK FEES, WHEN DEVELOPERS PRQVIDE
CERTAIN LOW AND MODERATE INCOME HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALIJMA AS FOLCOWS:
Section 1. Section 17::14:060 of the Retaluma Muni'cipal Code is hereby
amended to read as foU ows : ~
"17.14.060 Retluction in Fees.
A. Such fees:as- ane required in Sec'tions 17.14.030 and 17.14.040
may be reduced as d"etermined by the Gity Council, providing that the developer
or subdivider constructs or agrees to construct all of any of the major on or
off-site,public improuement's id'entified as bei;ng necessary in the environment-
al documents for th'e development. The size, quali.ty and design of any such
major public imp;rovement;s to qualify for reducti,on of fees °as set out in this
subsection shall be withi:n~the di~scretion of the City Gouncil.
B. For residenti:al projects, such.fees_as: are required in Sections
17.14.030 and 17~.14:.040 may~be~redu:ced as determin'ed.by the City Council,
provi di ng that the' devel;oper qr subdi vi'der provi des, - or agrees to provi de,
housing for low and/or~~moderate income persons:whe.ther for lease or sale or
by dedication to the City or to a legal entity ~operating such housing and
ap:proved by the Gi,ty Council. The nature and quantity of s:uch housing pro-
vided to qualify for`reduction of fees as set out i`n this subsecti.on shall
be within the discretion of the City Council."
S~ectio:n 2. Section 20.34..240 of the Pet,aluma Munic:ip~al Code is hereby
_:amended to read as .fol`l ows : . : ~
~ _ "20. 34. 240 E'~xempta on '
, A. Where t.he .developer.and owne,r~-of a' low and•moderate income
Ord. No. 1469 N:C.S.
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PLK:ad 5-27-81
'senior citizens housing project is a charitable, nonprofit organization re-
cognized as such by the Uni~ted States Internal Revenue Service and the State
of Galifornia Franchise Tax Board, the dedication of land or payment of fees
required by this chapter shall not apply.
B. Where a developer or subdivider provides, or agrees to provide
housing for low and/or.moderate income persons by dedication of dwellings to
the City or to a legal entity operating such housing and approved by the City
Council, the dedication of land or payment of fees required by this chapter
shall not apply to the units so dedicated."
Section 3. If any sections, subsection, sentence, clause or phrase or
word of this ordinance is for any reason held to be unconstitutional by a
court of competent jurisdiction, such decision shal`1 not affect the validity
of the remaining portions of this ordinance. The City. Council of the City
of Petaluma hereby declares that it woul,d.have passed.and adopted this ordin-
ance and each and all provisions thereof irrespective of the fact that any one
or more of said provisions be declared unconstitutional.
Section 4. The City Clerk be, and she is hereby directed to post/publish
this ordinance for the period and in the manner required by the City Charter.
INTRODUCED AND ORDERED posted/~a~}~~I~e~ this lst day of June, 1981.
ADOPTED this 1 5t h day of Jun e , 1981, by the following vote:
AYES: COUNCILMEN PERRY/BOND/VICE -MAYOR BATTAGLIA/COUNCILMEN BALSHAW/
CAVANAGH/MAYOR MATTEI .
NOES: COUNCILMAN HARBERSON
ABSENT: -0- /,
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~~ - ~ Fred V. Mattei, Mayor
Attest:
Patricia E. Bernard; City Clerk
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Approved: ~'' ,
Ord. No. 1469 N.C.S. ~
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