Chapter 3.34


3.34.010    Title for citation.

3.34.020    Definitions.

3.34.030    Payment prerequisite to occupancy.

3.34.040    Imposition of in-lieu fee—Amount—Delinquency.

3.34.050    Exceptions.

3.34.060    Operative date.

3.34.070    Who must pay—Collection—Deemed debt to City.

3.34.080    Proceeds—Deposit and use restrictions.

3.34.090    Refund conditions.

3.34.100    Violation—Misdemeanor.

3.34.010 Title for citation.

This chapter shall be known as the “Park Facility Development Fee Law of the City of San Carlos.” (Ord. 1007 § 1 (part), 1988)

3.34.020 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. “Bedroom” means any room containing a closet of a size sufficient to hold clothing, excluding therefrom one living room with entry closet per dwelling.

B. “Mobilehome park” means any area of one or more lots or spaces to be occupied by a house trailer.

C. “Residential unit” means a single-family dwelling, a dwelling unit in a duplex, apartment house or dwelling group, or any other place designed for human occupancy which contains a kitchen, and any space in a mobilehome park designed or intended for a house trailer, mobilehome, camper or similar vehicle. (Ord. 1007 § 1 (part), 1988)

3.34.030 Payment prerequisite to occupancy.

No occupancy permit shall be issued for, and no person shall occupy or offer for occupancy any residential unit or building, or any space in a mobilehome park in the City, unless the fee and any penalty and interest imposed upon the construction and occupancy thereof by this chapter has been paid. (Ord. 1007 § 1 (part), 1988)

3.34.040 Imposition of in-lieu fee—Amount—Delinquency.

A. In-Lieu Fee Imposed. A fee is hereby imposed for revenue purposes upon the construction of each residential unit in the City, irrespective of whether the developer is required to dedicate land or pay fees in lieu of land dedication under Chapter 17.32 of this code.

B. Fees. The fee hereby imposed is as follows:

1. Every person constructing any residential unit in the City shall pay to the City the following fee: The sum of one thousand dollars for each bedroom contained therein; and

2. Mobilehome parks shall pay one thousand dollars for each trailer space.

C. Date Due. The amount of the fee due under this chapter shall be determined at the time a building permit is sought for the construction of residential units or buildings or for the construction or reconstruction of any mobilehome park, and the full amount of such fee shall be due and payable concurrently with the application for such permit. If such fee is not fully paid on or before the date the permit is issued, the fee or the amount thereof not paid, shall thereupon become delinquent.

D. Delinquency Penalty—Interest. There shall be added to the fee for any unit, or so much of such fee as becomes delinquent, a penalty of twenty-five percent, which shall thereupon become payable in the same manner as the fee. The fee and penalty shall bear interest at the rate of ten percent per year until paid.

E. Annual Increase. The fee set forth in subsection B of this section shall be increased annually by the percentage increase of park construction costs cited in the Engineering News Record, for the San Francisco Bay Area, as determined by the City Engineer. (Ord. 1007 § 1 (part), 1988)

3.34.050 Exceptions.

There is excepted from the fee imposed by this chapter the construction and occupancy of a residential unit which is a replacement for a unit being removed from the same lot or parcel of land. The exception shall be equal but shall not exceed the fee which would be payable under this chapter if the unit being replaced were being newly constructed. (Ord. 1007 § 1 (part), 1988)

3.34.060 Operative date.

The fee imposed by this chapter shall apply to the construction of all residential units for which a building or construction permit is issued on or after the effective date of the ordinance codified herein, being November 24, 1988. (Ord. 1007 § 1 (part), 1988)

3.34.070 Who must pay—Collection—Deemed debt to City.

The fee imposed by this chapter shall be due from the person by or on behalf of whom a residential unit or building, or a mobilehome park, is constructed, whether such person is the owner or lessee of land upon which the construction is to occur. The Director of Finance shall collect such fee and any penalty and interest due. The full amount due under this chapter shall constitute a debt to the City, and an action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause. (Ord. 1007 § 1 (part), 1988)

3.34.080 Proceeds—Deposit and use restrictions.

All proceeds from the fees, penalty and interest collected under this chapter shall be paid into a special fund of the City, which fund shall be used only for the acquisition, development, renovation and replacement of parks and recreational areas and their development, including equipment for recreational purposes. (Ord. 1007 § 1 (part), 1988)

3.34.090 Refund conditions.

Any fee, penalty and interest paid to the City under this chapter for any building, unit of a building or mobilehome park, which is not constructed, shall be refunded upon application of the payor and a showing to the satisfaction of the Director of Finance that such building or unit has not been constructed or construction commenced, and that the building permit issued for such building or unit has been cancelled or surrendered or otherwise does not authorize the construction of such building or unit. (Ord. 1007 § 1 (part), 1988)

3.34.100 Violation—Misdemeanor.

No person shall begin the construction of any residential unit or building or any mobilehome park in the City without first having paid the fee and any penalty and interest due the City under this chapter. (Ord. 1007 § 1 (part), 1988)