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Home My WebLink AboutORD 559 (1972) 1 ORDINANCE NO. 559 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING ARTICLE III TO CHAPTER 20 OF THE TUSTIN CITY CODE TO PROVIDE FOR THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF NEW BUILDINGS 4 5 The City of Tustin, California,does ordain as follows: 6 There is hereby added to Chapter 20 of the Tustin City ~ Code ARTICLE III, to read as follows: 8 Article III Fees in Connection With Construction of New Buildinqs 9 Sec. 20-9 Statement of Policy. 10 The City Council finds that the continuing increase in 11 construction of new buildings in the City, together with the accom~ 12 panying increase in population of the City has created an urgent 15 need for additional funds to be used for the purpose 0~ providing 14 phblic safety, public works, and other municipal services. The 15 City .Council hereby declares that the fees required to be paid 16 hereby are assessed pursuant to the taxing power of the City and 17 are solely for the purpose of producing revenue. 18 Sec. 20-10 D~finitions. 19 For the purpose of this Ordinance, the words defined in ~ Z0 this Ordinance shall have the meanings assigned to them' unless 21 from the context it appears that a different meaning is intended. PERSON shall mean every person, firm or corporation con- structing dwelling units itself or through. the services~ of any employee, agent or independent contractor. Z4 RESIDENTIAL UNIT shall mean a single family dwelling, a 25 dwelling unit in a duplex, apartment house, hotel, motel dwelling group which contains a kitchen, and any other ~6 place .designed for human occupancy which contains a kit- chen, and any space in a mobilehome park designed or .-: 27 intended for a house trailer, mobilehome, camper or similar vehicle. 28 COb-LMERCIAL UNIT shall mean any space in a building or structure .designed or intended to be occupied or used for business or .commercial purposes, including sleeping rooms in hotels and motels without kitchens or kitchen facilities. ROURKF, ~ HOtellOOK ._ 1 INDUSTRIAL UNIT shall mean any sDace in a building or ~ structure designed. or intended for manufacturing, pro- I Z cessing, research, warehousing or similar purposes. ~ MOBILEHOME PARK shall mean any area where one or more lots or spaces are rented or held out for rent to be 4 occupied by a house trailer, mobilehome, camper or similar Vehicle. Sec, 20-11 Tax Amount. 6 (a) Tax Imposed. A tax is hereby imposed upon the S construction of each residential unit, commercial unit, profe sio 8 unit, and industrial unit in the City. 9 (b) Rates. The rates of the tax hereby. imposed are as 10 follows: 1] 12 (1) Residential: !5 Single-family dwellings, attached. or detached ............ $250.00 per unit '~ 14 Duplexes ............ $250.00 per unit 15 c~ Multifamily dwellings, Town- ....... houses or Condominiums (Three 16 or more units) .......... $250.00 per unit 17 plus $75.00 per bedroom over one For each hotel or motel rental unit 18 without a kitchen ........ $100.00 per unit 19 Mobilehome park pads ....... $100.00 per pad (2) Commercial, Professional or Industrial: For each commercial, professional or indust- Z2 rial building unit in the building, per square foot of gross floor area, including any 25 area within a building designed for the. parking of vehicles ........ $ .05 per square 24 foot. Z5 50 -2- 51 32 1 Sec. 20-12 Tax: When Payable ~ The tax imposed by Section 20-11 of this Ordinance 5 shall be due and payable upon issuance of the building permit fo~' 4 the construction of any such dwelling unit or upon request "for 5 final approval and granting of a certificate of occupancy for a 6 mobilehome park. For all dwelling units, the tax shall be in addi. 7 tion to the fee required to be paid for the building permit and' no 8 such building permit shall be issued until the tax is paid. For 9 all mobilehome spaces, the tax shall be in addition to all inspec- 10 tion fees required to be paid in the construction of a mobilehome ~ 11 park and no final approval or occupancy permit shall be granted 1~ until the tax is paid on all mobilehome spaces. 15 Sec. 20-13 Operative Date. 14 The tax imposed by this Ordinance shall apply to the 15 construction of all residential, commercial and industrial units 16 or buildings, or for the construction or reconstruction of any 17 mobilehome park, for which an application for a building permit. is 18 submitted after the effective date of this Ordinance. ~9 Sec. 20-14 Exception. Z0 There is excepted from the tax imposed by this Ordin- al ance, the following: ~ The construction an~ occupancy of a' residential, com- ~5 mercial or industrial unit which is a replacement of a unit being ~4 removed from the same lot or parcel of land. The exception shall Z5 equal but not exceed the tax which would be payable hereunder if ~6 the unit being replaced were being newly constructed. ~7 Sec. 20-15 Exemptions. Z8 The following shall be excluded from the tax imposed ~9 by this Ordinance, so long as the said-use and occupancy shall ~0 continue: 51 (a) The construction and occupancy of any building 3P. or unit by any bank, including national banking associations. " ~ (b) The construction and occupancy of any building' ~ by an insurer as that term is defined in Article XIII, Sections 5 14-4/5 of the Constitution of the State of California. 4 (c) The construction and occupancy of any building by 5 the United States or any department or agency thereof or by the 6 State of California or any department, agency or political sub- 7 divis ion thereof. 8 (d) The construction and occupancy of any building by a 9 non-profit corporation exclusively for religious, educational, hos- 10 pital or charitable purposes. 11 (e) This Ordinance shall become fully applicable and 1Z enforceable from the date that any change in the aforesaid use and 15 occupancy shall occur. ~ 14 Sec, 20-16. Payment Required for Commencinq Construction. ~5 No permit shall be issued authorizing the construction IG of any residential, commercial or industrial unit or building or 17 any mobilehome park in the City without the payment of the tax due 18 under this Ordinance. 19 Sec. 20-17. Refunds. 20 Any tax paid to the City under this Ordinance for any. 21 building or unit of a building or mobilehome park which is not ~Z constructed shall be refunded upon application of the taxpayer and ~5 a showing to the satisfaction of the Building Official that the ~ ~4 building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has ~G been cancelled or surrendered or otherwise does not authorize the 27 construction of the building or unit. 28 Sec. 20-18. Disposition of Proceeds. 29 All proceeds from the tax, penalty and interest collecte 50 under this Ordinance shall be deposited in the general fund of the 51 City, and shall be used for such municipal purposes as are authoriz~ 3~ by law. ROURKI[ & HOLEs~OOK ' ~t,T~ORNI~el AT LAW CROCKI, R-CITI~,.~NI 1 Sec. 20-19. Severability. 2 If any section, subsection, sentence, clause, phrase 5 or portion of this Ordinance is for any reason held to be invalic 4 or unconstitutional by the decision of any Court of competent juris 5 diction, such decision shall not affect the validity of the remain- 6 ing portion of this Ordinance° The City 'Council of the City of 7 Tustin hereby declares that it would have adopted this Ordinance 8 and each section, subsection, sentence, clause, phrase or portion 9 thereof irrespective of the fact that .any one or more sections, 10 subsections, sentences, clauses, phrases 6r portions be declared' 11 invalid or unconstitutional. This Ordinance is a revenue measure and shall take 15 effect immediately upon its passage. Before the expiration of 14 fifteen (15) days after its passage, this Ordinance shall' be 15 published ~once in the Tustin News, a newspaper of general 16 circulation published in the City of Tustin 'and this Ordinance 17 shall be in effect upon its adoption. 18' PASSED AND ADOPTED as an urgency measure at a regular 19 ~0 meeting of the City Council~ held on the 16th day of October 1972. f"' MAYOR ATTEST: ._~ Z9 50 STATE 0F CALIFORNIA) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RUT}{ C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin if five; that the above and fore- going Ordinance No..~q was duly and regularly introduced and read at a regular meeting of the City Council held on the l~h day of _On~nh~r .. , 1972' , and was given its second reading and duly passed and adopted at a regular meeting held on the 1 ~b day of o~.~nhP_r , 197_2___, by the following vote: AYES: COUNCILMEN MILLER, SALTARELLI, LANGLEY, WELSH NOES: COUNCILMEN NONE ABSENT: COUNCILMEN .NONE