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