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HomeMy WebLinkAbout8 - Ordinances ORDINANCE NO. 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A PARK AND RECREATION TAX FOR NEW RESIDENTIAL DEVELOPMENT AND PROVIDING FOR THE ADMINISTRATION, AMOUNTS AND CREDITS THEREOF, REPEALING SAN BERNARDINO COUNTY ORDINANCE NO. 2126, AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Intent and Purpose. The City Council of the City of Rancho Cucamonga hereby declares a tax on all new residential development within the City for the sole purpose of producing revenue for the acquisition, development and initial equipment of new parks or additional park lands. This is declared pursuant to the taxing power granted to the City of Rancho Cucamonga by the Government Code of the State of California. SECTION 2: Definitions. a. "City" shall mean the City of Rancho Cucmmonga. b. "Residential Development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, added to or otherwise altered to increase the number of dwelling units. c. "Dwelling Unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. d. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. SECTION 3: Tax: Imposition and Application. A tax is hereby imposed in the amounts herein set forth and shall be applicable to every dwelling unit as above defined constructed in the City after the effective date of this Ordinance and shall be known as the Parks and Recreation Tax. SECTION 4: Tax: Amount. Every person constructing any dwelling unit within the City of Rancho Cucamonga shall pay the City the following: For each single family dwelling unit, the sum of $300.00 For each multiple dwelling unit, the sum of $180.00 For each mobile home unit $150.00 SECTION 5: Tax: When Payable The tax imposed in this chapter shall be due and payable upon issuance by the City of a building permit for the construction of any dwelling unit and shall be refunded only in the event that the building permit issued has expired and no construction has been commenced. SECTION 6: Disposition of Tax Receipts. There is hereby established a Park Development Fund. All sums collected pursuant to this chapter shall be deposited in said Park Development Fund and shall be used solely for acquisition, development and initial equipment of new parks or the expansion of land or services on existing parks in accordance with the Park, Parkway and Open Space element of the Rancho Cucamonga General Plan. Ordinance No. 8 Page 2 SECTION 7: Partial Credit. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement if the City Council finds that it is in the public interest to do so and that all the following standards are met: a. That 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 ,. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and c. That 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; and d. That 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 locations; and e. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Master Plan of Parks and Recreation; and f. That the open space for which credit is given is a minimum of three acres and provides for adequate development and maintenance of the area for recreation purposes. Before credit is given the City Manager or his designated representative shall make written recommendations to the City Council for their approval. SECTION 8: Periodic Revision. Inasmuch as the tax set forth in this chapter is based on average costs of land and development, a review shall be conducted periodically to determine whether the tax needs revisions to reflect current costs of such acquisition and development. SECTION 9. Repeal of San Bernardino County Ordinance No. 2126. San Bernardino County Ordinance No. 2126, heretofore adopted as an Ordinance of the City of Rancho Cucamonga as required by Section 34328.5 of the Government Code of the State of California is hereby expressly declared repealed, and is superceded as an ordinance of the City of Rancho Cucamonga by this Ordinance. SECTION 10: The City of Rancho Cucamonga has just been incorporated and has no funds whatsoever to provide for the planning, acquisition and development of public parks. It is necessary that the City acquire funds for such purposes without delay. This Ordinance is therefore necessary for the protection of the public health, welfare and general safety and shall take effect immediately upon its adoption as an urgency ordinance. PASSED, APPROVED, and ADOPTED this 2nd day of December, 1977. ~ Rancho Cucamonga ATTEST: H.K. Hunter City Clerk