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Home My WebLink AboutORD 624 (1974) 1 ORDINANCE NO. 624 ~ AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE III OF CHAPTER 20 OF THE TUSTIN CITY CODE RELATIVE 3 TO PAYMENT OF FEES FOR CONSTRUCTION OF BUILDINGS AND CONVERSION OF CONDOMINIUMS. 4 The City of Tustin, California does ordain as follows:' 1, Article III of Chapter 2b of the Tustin City Code is 6 hereby amended. to read as follows: V .Article III Fees in Connection with ConStruction of Buiidinqs 8 Section 20-9 Statement of Policy.. The City Council finds that the continuing increase in 9 construction of buildings and conversion to condominium s6atus 10 in the City, together with the accompanying increase in population 11 and activity of the City~ has created an urgent need for additional funds to be used for the purpose of providing public safety, public works, and other municipal services. The City Council hereb 13 declares that the fees required to be paid hereby are assessed 14 pursuant to the taxing power of the city and are solely for the purpose of producing revenue. t5 Section 20-10 Definitions. 16 For the purpose of this Ordinance, the words defined in --- 1V this Ordinance shall have the meanings assigned to them unless from the context it appears that a different meaning is intended. 18 "PERSON" shall mean every person, firm or corporation 19 constructing dwelling units itself or through the services of any employee, agent or independent contractor. "RESIDENTIAL UNIT" shall mean a single-family dwelling, a dwelling unit in a duplex, apartment house, condominium, hotel, motel, dwelling group which contains a kitchen, and any other place designed for human occupancy which contains a kitchen, and any space in a mobilehome park designed or intended for a house'~railer, mobilehome, camper or similar vehicle. "COMMj~RCIAL UNIT" shall mean any space in a building or structure designed or intended to be occupied or used for 3~usiness or commercial purposes, including slee.Ding rooms in hotels-and motels without kitchens or kitchen facilities, and shall include roofed space which can be used for any of the foregoing purposes. ~8 "INDUSTRIAL UNIT". shall mean any space in a building or ° structure designed or intended for manufacturing, pro- --- 29 cessing, r'esearch, warehousing or similar purposes, (as above). 50 31 1 "ADDITION" shall mean any roofed space which can be utilized for the above described purposes. "CONDOMINIUM CONVERSION" shall mean the conversion of any existing apartments to a condominium. 4 "MOBILEHOME PARK" shall mean any area where one or more ' lots or spaces are rented or held out for rent to be 5 occupied by a house trailer, mobilehome, camper or similar vehicle.. 6 Sec. 20-11 Tax Amount a__) Tax Imposed,.. A tax is hereb~ imposed upon th~ con- 8 struction of each residential unit; commercial unit, professional 9 unit and industrial unit in the city and upon the conversion 10 of any apartment complex to a condominium status. b_') Rates. The rates of 'the tax hereby imposed are 11 as follows: (1) Residential 15 Single-family dwellings~ attached or detached ......... : . o . $ 250.00 per unit Duplexes ............. -. . $250-00 per unit 15 Multifamily dwellings, Townhouses, 16 Condominiums (Three or more units) or Condominium Conversions ..... $250.00 per unit, i7 plus $ 75.00 per bedroCm over one 18 in each unit. 19 Mobilehome park .pads ....... $100.00 per pad 20 (2) Commercial, Professional or Industrial': ~1 For each commercial, professional or industrial building unit in the building, per square foot ~2 of gross floor area, including any area uoon or within a building designed for the parking ~5 of vehicles ............ $ .05 per sq. foot For each hotel or motel rental unit without a kitchen .............. $100.00 per 'unit Sec. 20-12 Tax: When Payable The tax imposed by Section 20-11 of this Ordinance shall be due and payable prior to issuance of a building permit for the construction of any such dwelting~ commercial or industrial u~it, prior to issuance of any grading, electrical, plumbing or 29 mechanical permit in connection with the construction of a mobil~ 30 home park and prior to signature and recordinq of a final map for a condomini~m conversion and shall be in addition to all other building permit, grading permit,- ~electrical permit, 52 p!unfoing permit, mechanical permit fees and shall be in addition -2- i t-o all inspeC~ti~D ~f~ees required to be paid in connection with the construction of a mobilehome park. Sec. 20-13 Operative Date. ~ The tax 2i.m, pQ~sed by-this Ordinance shall apply to the " .4 construction or ~ddit~on to all residential, commercial and !n.~duStriat ~n.i.~.s. ,.of ~uildings, or for the construction of any 5 Ing~le.h.,.°me paf~, ~or which an applicati~on for a building permit ~ .i.~ .submit.ted .alf~_e.r QCtober 16, 1972, and to the enlargement or g ~Xpa.nSion ~of ~-.t-~.u.~ures originally constructed after October 16, ~, 11.~-7~2,, ~a.n..d t~ ~lh._e ~Dll~argement or expansion of commercial and ~.n;.d. pS~i~! ~ ~ ~uildings and mobilehome parks, originally 9 ~9p.s~r~te~ ~ .~.tober 16, 1972 and to all apartments con- · 10 verted -to a .c.o~dom~n. ium after August 1, 1974. Sec. 20-14 Except-ion. .... There ~re e,.c.epted from the tax imposed by this 1~ 0__rdi~ance the f~o_l._lQ~wing: ll~ ~) .T,h_e .ic~D~t~ruction and occupancy of a residential, .cg...mm~.rc.ia! ~.r ~D~.u..~ial unit which is a replacement of a unit !4 b.eing removed ~r~m the same lot or parcel of land, and for the "' same type of use. · '15 b) The r.e._c~nstruction or remodeling of any structure existing on October 16, 1972, except condominium c6nversions. " 16 c) The enlargement or expansion of any structure existing on October 16, 1972, for the same type of use. 1~ d) The construction of unenclosed patios and l~ke, structures on residential properties. Section 20-15 Exemptions. The .f0!!.ow~g shall be excluded from the tax imposed 20 by this Ordinan.ce, so long as the. said 'use and occupancy shall' ~1 continue: a) The constructioH ~nd occupancy of any building or unit by any bank, including national banking associations. b) The' construction and occupancy of any building by ~5 an insurer as that term is defined in Article XIII Sections 14-4/5 of the Constitution of the State of California. 24 c) . The construction and occupancy of any building by the United States or any department or agency thereof or by the 25 State of California or any department, agency or political sub- division thereof. 26 d) The construction and occupancy of any building by a non-profit corporation. exclusively for religious, educational, 27 hospital or charitable purposes. Upon any change in any afore- described use and/or occupancy this Ordinance shall become fully " 28 applicable and enforceable as to any such building in which a change in such use and/or occupancy has occurred, immediately upon the date that any such change occurs. 50 -3- 1 ~ec. 20-16 Payment Re.quired for Commencing Construction- No permit shall be issued authorizing the cons'trUction or conversion to condominium status Of any residential, commercial 5 or industrial unit or building or any mobilehome park in the City 4 without the payment of the tax due under this Ordinance. Sec. 20-17 Refunds. 5 Any tax paid to the City under this Ordinance for any 6 building or unit of a building or mobilehome park which is not 7 constructed shall be refunded upon application of the taxpayer and a showing to the satisfaction of the Building Official that 8 the building or unit has not been constructed or construction 9 commenced and that the building permit issued for the buil'ding or 10 unit has been cancelled or surrendered or otherwise does not authorize the construction of the building or unit. 11 Sec. 20-18 Disposition of Proceeds'. 12 All proceeds from the tax, penalty and interest collected 15 under this Ordinance shall be deposited in 'the general fund of the 14 City, and shall be used for such municipal purposes as are authorized by law. i5 PASSED ·AND ADOPTED at a regular meeting of the City 16 Council, held on the 15th day of July, 1974. 19 I~YOR · 20 2i ~TTEST: CI~ CLEE 24 25 26 27 28 29 30 -4- STATE OF CALIFOP~NIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH ~. 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 is five; that the above and foregoing Ordinance No. 624 was duly and regularly introduced and read at a regular meeting-of the City Council held on the 1st day of july , 1974 and was given its second reading and duly passed and adopted as an emergency, urgency measure at a regular meeting held on the 15th day of July 1974, by the following vote: AYES: COUNCILMEN: LANGLEY, SHARP, LANGLEY, WELSH, EDGAR NOES: COUNCILMEN: NONE .ABSENT: COUNCILMEN: hDNE City Clerk,~i-ty of Tustin, California