HomeMy WebLinkAboutOrdinance 1659 N.C.S. 07/07/1986..
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J U L ° 7 1986
Ordinance No. 1659 N.C.S.
Introduced by Councilmember
Michael Davis
Seconded by Councilmember
Vice Mayor Larry Tencer
AN ORDINANGE~ AMENDING MUNICIPAL CODE CHAPTER 17.12
TO MODIFY THE AMOUNT AND MANNER BY WHICH DWELLING CONSTRUCTION
FEES ARE COLLECTED FOR APARTMENT UNITS, MOBILE HOMES, AND
OTHER NONS.UBDIVIDED RESIDENTIAL PROPERTIES
AND DECLARING THIS TO BE AN EMERGENCY ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
SECTION 1. The Council finds that parkland and recreational facilities are
necessary for the public interest, convenience, health, welfare and safety
as stated in Municipal code Section 20.34.070 and the General
Plan /Environmental Design Plan .
SECTION 2. The Council finds that these amendments are necessary due to
the sharp curtailment of property taxes as stated in Municipal Code Section
17.14.010 and due to the fact that current funding mechanisms and
implementation are insufficient to meet the goals of creating minimally
necessary parkland and open space as required by the General
Plan /Environmental Des~g' n :Plan,.
SECTION 3. The Council finds that apartments, .mobile home parks, and
other non-subdivided residential properties have traditionally contributed
less towards the :creation. of park land -and open space while concurrently
creating higher density living conditions which contribute significantly
toward the need for additional parks anal open space.
Ord. 1659 NCS 1 of 4
SECTION 4. Municipal Code Section 17.12.010 is hereby amended to read as
follows.:
17.12.010 Enumerated.
Every person constructing any dwelling unit in the City shall pay to
the city the following fees:
A. A sum equal to the amount of park fees required by Municipal
Code Chapter '20.34 in accordance. with the appropriate project
density as stated in Municipal Code Section 20..34.090, except that
detached single family dwellings anal duplexes not subject to
Chapter 20.34 not. exceeding a total of 'four units on a single
parcel of land, shall pay the sum of one hundred twenty dollars
for each dwelling. unit containing not :more than one bedroom and
the sum of sixty dollars for each additional bedroom contained
therein; providing, however, that 'in no event shall the total fees
for any dwelling unit exceed 'the sum of two hundred forty
dollars .
B . Each new mobile, modular, or manufactured home park or common
property residential community pad shall be assessed an amount
required by :Municipal Code Section 20.34.100 in accordance with
the amount of parkland required in Municipal Code Section
20.34.090 for 1.80 persons per dwelling unit, payable upon
issuance of grading or public improvement permit.
C. Where the developer and the owner of a low and moderate income
senior citiGzens .. housing project. is a charitable, nonprofit
organization recognized as such. by, the United States Internal
Revenue. Service and the State of California Franchise Tax Board,
the fees •required by this chapter shall not apply.
Ord. 1659 NCS
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SECTION 5. Municipal Code Section 17.12.030 is hereby amended to read
as follows
17.12.030 Reduction or abatement of fees.
A. Such fees as are required in Section 17.12.010(a) or (b) may
be reduced as determined by the City Council where private
open space, extraordinary improvements or excess lands are
provided within a proposed development subject to the
standards, regulations, and methodology as stated in
Municipal Code Sections 20.34.160. A-D.
The size, quality and design of any such facility to satisfy
the requirement for reduction of fee as set out. in this
section shall be within the discretion of the City. At the
option of 'the City, land may also be dedicated to the City
for park purposes in lieu of the. abovementioned fees.
B . In cases where a park or parks. is dedicated or a fee paid
pursuant to Chapter 20.34 of the Petaluma Municipal Code,
the fees required by this chapter shall not apply.
SECTION 6. This ordinance is hereby declared to be .necessary for the
immediate preservation of the public peace, health and safety and shall take
effect and be in force upon its passage by a unanimous vote of the members
of the City Council present at the time of its adoption. The reason for the
emergency is that any delay in passage will mean the probable loss of
thousands of dollars in fees necessary to secure parkland and recreational
facilities in quantities specified. by the City General Plan/EDP and declared
to be necessary to insure the public interest, peace, health, welfare and
safety .
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Ord. 1659 NCS
SECTION 7. The City Clerk is hereby directed topublish this ordinance for
the period and in the manner required by the City Charter.
Published _
INTRODUCED AND"' ORpERED ~~~ this. 7th day of July 1986.
ADOPTED this 7th day of July by the following vote:
AYES: Davis-Sobel WooLse~ Cavanagt: Balshaw- Vice Mayor TenceP- Mayor Mattei
NOES: ~
ABSENT: ~
ATTEST:
City Clerk
ord."dwelling. const'. fees
reso5
~~ ~.
Mayor
~~'o,~e t ~ Frrr~
~~~~ ^ ~ Y iY~i / V y
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Ord. 1659 NCS