San Rafael Municipal Code Ch. 3.24 Park and Recreation Facilities Fee

This fee shall be known as the "park and recreation facilities fee for the city of San Rafael."

(Ord. 1029 § 1 (part), 1971).

The city council declares that the fees required to be paid on this chapter are assessed pursuant to the taxing power of the city and solely for the purpose of producing revenue. The continued increase in the development of dwelling units in the city with the attendant increase in the population of the city has created an urgent need for planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the city and the means of providing additional revenues with which to finance such public facilities.

(Ord. 1029 § 1 (part), 1971).

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

(1) "Person" includes every person, firm or corporation constructing a dwelling unit itself, or through the services of any employee, agent or independent contractor.

(2) "Dwelling unit" includes the following:

(A) Single-family dwelling;

(B) Each unit of an apartment duplex or multiple-dwelling structure designed as a separate habitation for one or more persons;

(C) Additions of or conversion to bedrooms in existing structures;

(D) Rooms that may be used as or converted to bedrooms;

(E) Mobilehomes.

(3) "Mobilehome space or pad" means each space or pad in a mobilehome park designed to be used for parking a mobilehome on a temporary, semipermanent or permanent basis.

(Ord. 1046 § 1 (part), 1972: Ord. 1029 § 1 (part), 1971).

The fees imposed by this chapter shall be applicable to every dwelling unit constructed in the city.

(Ord. 1029 § 1 (part), 1971).

The fee a person shall pay for constructing any dwelling unit in the city for which a park and recreation fee is required to be paid pursuant to Section 3.24.030 shall be set by resolution of the city council.

(Ord. 1078 § 1, 1972: Ord. 1046 § 1 (part), 1972: Ord. 1029 § 1 (part), 1971).

(a) The fees imposed by Section 3.24.050, with the exception of mobilehomes, shall be collected by the building inspector and shall be due and payable upon issuance of a building permit for the construction of any such dwelling unit; provided, however, that there shall be a refund of such fees in the event that the building permit is not used for such construction with sixty days from the date of issuance.

(b) The fees imposed by Section 3.24.050 on mobilehomes shall be collected by the building inspector as follows:

(1) One-half of the total fee upon issuance of a building permit; provided, however, that there shall be a refund of such fee in the event that the building permit is not used for such construction within sixty days from the date of issuance;

(2) One-half of the total fee one year after the issuance of the building permit.

(Ord. 1046 § 1 (part), 1972: Ord. 1029 § 1 (part), 1971).

There is established a parks and recreation facilities fund. All of the sums collected pursuant to this chapter shall be deposited in the parks and recreation facilities fund and shall be used solely for the acquisition, improvement and expansion of public parks, playgrounds and/or recreation facilities only. The sums shall be separate and distinct from all other park funds collected pursuant to any other ordinance of the city.

(Ord. 1046 § 1 (part), 1972: Ord. 1029 § 1 (part), 1971).

At the option of the parks and recreation commission and the city council, land may be dedicated to the city for park purposes in lieu of the fees designated in this chapter. The amount of land to be dedicated and the mount of credit to be given, if any, shall be at the discretion of the parks and recreation commission and the city council.

(Ord. 1046 § 1 (part), 1972).