Sebastopol Municipal Code Ch. 3.32 Payment of Fees in Connection with Building Construction

The City Council hereby declares that the fees required to be paid hereby constitute a tax and 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 to the population of the City has created an urgency in that there are insufficient funds available to serve the increasing population and it is the Council’s intent that this increased population shall not be a tax burden to the existing inhabitants.

It is the intention of the City Council that if land is subdivided and developed within a five-year period, the land being developed should not be enlarged with both a bedroom construction tax as provided in this chapter and a dedication of land or fee in lieu thereof for park or recreational purposes.

Every person or firm constructing any new building in the City of Sebastopol shall pay the City the fees as shall be established by resolution of the City Council.

Such fees shall be due and payable upon application to the City for a building permit and plan check for the construction of any such dwelling unit or the construction of a mobile home park, or addition thereto; provided, however, that there shall be a refund of such fees in the event the building permit is not approved, or is not used, for such construction. Fees are due before any construction or excavation permit is issued for any new or addition to existing mobile home park.

Dwelling Unit. As used herein, the term “dwelling unit” includes each single-family dwelling and each separate habitation unit of any apartment, duplex, motel, hotel, or multiple dwelling structure designated as a separate habitation for one or more persons although a part of the same building or structure.

Industrial, Commercial or Professional Building. As used herein, the term “industrial, commercial or professional building” includes any structure which is to be occupied by persons on a part-time, full-time or temporary basis, or in which said persons perform any labor or services.

Mobile Home Pad. As used herein, the term “mobile home pad” is further defined and classified as a two-bedroom dwelling unit regardless of the number of rooms in said mobile home.

Person. As used herein, the term “person” includes every person, firm or corporation constructing a dwelling unit itself or through the services of any employee, agent or independent contractor.

A. Fees shall not be collected from nor upon any senior housing unit that is financed under Sections 231 and/or 236 of the U.S. Housing and Urban Development Act of 1968 by a nonprofit owner or sponsor.

B. Fees shall not be collected whenever one new single-family dwelling is a replacement of an existing one on the same parcel or said existing unit was present within 12 months of the date of the building permit application for the new unit.

C. The fees collected pursuant to this chapter and the resolutions adopted thereunder and the fees adopted pursuant to Ordinance No. 704 as amended relating to park and recreation dedication fees shall not exceed the amount provided by this chapter.

D. The person or firm constructing any new building in the City of Sebastopol shall be entitled to a credit for fees paid to the City under Ordinance No. 704 as amended relating to park and recreation dedication fees if said fees were paid within five years from the date of application for a building permit. The burden is upon the person or firm constructing the new building to provide evidence to the City of such payment.

Ordinance Nos. 594, 609 and 697 and all ordinances in conflict herewith are repealed.