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Home My WebLink AboutORD 560 (1972) ORDINANCE NO. 560 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 BUILDINGS. The Ci~ty of Tusk-in, California, does ordain. as follc~ws: There is hereby added to Chapter 20 of the Tustin Cit~ Code ARTICLE III, to read as follows: 4 Article III Fees in ConnectiOn with Construction of Buildings 5 Section 20-9 Statement of Policy. 6 The City Council finds tha~ the continuing increase in construction of buildings in the City, together with the accompany- 8 ing increase in population and activity Of the City, has created an urgent need for additional funds to be used for the purpose of 10 providing pUblic safety, public works, and other municipal services. 11 The City Council hereby declares that the fees required to be paid hereby are assessed pursuant to the taxing°power of the city and ~ are solely for the purpose of producing revenue. 14 Section 20~10 Definitions. 15 For the purpose of this Ordinance, the words defined , 16 this Ordinance shall have the meanings assigned to them ~nless 17 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 seF.-ic ~ of~.any employee, agent o~' independent contractor. Z0 "RESIDENTIAL UNIT" shall mean a single-family dwelling, a .dwelling unit in a duplex, apartment house, hotel, motel, dwelling group which contains a kitchen, and anF other place designed for' _h. uman occupancy which contains a kitchen, and any space ~n a mobilehome park designed' c intended for a house trailer, mobilehome, camper.or similar vehicle. 24 "COMMERCIAL 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, and shall include roofed space which can b used for any 'of the forgoing purposes. ~8 "INDUSTRIAL UNI~" shall mean any space in a building or structure designed or intended for manufacturing, pro- ~9 cessing, research, warehousing or similar purposes, (as above). 50 "ADDITION" shall mean any roofed space which can b.e 51 utilized for the above described purposes. "MOBILEHOME PARK" shall mean any area where one or ~__ "' lots or spaces are rented or held-out for rent to be Z occupied by a house -trailer, mobilehome· camper or similar vehicle~ Sec. 20-11 Tax Amount a) Tax Imposed. A tax is'hereby imposed upon the stfuction of each residential unit commercial unit professiD~-=' 6 · · unit and industrial unit in the City. 7 b) Rates. The rates of the tax hereby imposed are 8 ' as follows: _(1) Residential 10 11 Single-family dwellings, attached or detached ...... $250 00 per un/z 12 Duplexes ........ 250.00 per u.ni~ 15 Multifamily dwellings· Town- -- houses or Condominiums (Three 14 or more units) ...... 250.00 per uT~z- 15 plus $75.00 D=_r - bedroom over 16 in each unit. 17 Mobilehome park. pads ...... 100.00 per pa~ 18 (2) Commercial, Professional or Industrial: For each commercial, professional or indust- 19 rial building unit in the building, per square ~0 foot of gross floor area, including any area upon or within a building designed for the ~1 parking of vehicles ...... $ .05 per square fo~ 2~ For each hotel or motel rental unit without a kitchen ..... 100.00 per 23 ~ec. 20-12 Tax: When Payable 24 The tax imposed by Section 20-11 of this Ordinance ~5 shall be due and payable prior to issuance of a building per-_/z "" 26 for the construction of any such dwelling· commercial or indus~- ~7 rial unit, and prior to issuance of any grading· electrical, 28 pl~ebing or mechanical permit in connection with the construclLz 29 of a mobilehome park, and shall be in addition to all other '30 building permit·- grading permit, electrical permit, plumbing 31 permit, mechanical permit feeS,-~nd shal~ be'in'addition to~ail ~- 3~ spection fees required to be paid in conne'6t~'on with the con- -2- 1 -struction of a mobilehome park... .v ~rI~= :.-~: ~=, s~'~!]{..'e...; 2 Sec. 20-13 Operative Date' _ 3 The tax imposed by this Ordinance shall apply to the 4 construction or addition to all residential, commercial' and i~- 5 dustrial units or buildings, or for the construction of any 6 mobilehome park, for which an application for a buildingpermiz V is submitted after October 16, 1972, and to the enlargement or 8 expansion of structures originally constructed after _October 9 1972, and to the enlargement or expansion of commercial and in- 10 dustrial units or buildings and mobilehome parks, originally 11 constructed after October 16, 1972. Sec. 20~I4 Exception 1~ There are excepted from the tax imposed by this 14 Ordinance the following: 15 a) The construction and occupancy of a residential, commercial or industrial unit which is a replacement of a uniz ~ 16 being removed from the same lot or parcel of land, and for the same type of use. ~ 1~ b) The reconstruction or'remodeling of any structure existing on October 16, 1972. 18 c) The enlargement or expansion of any structure existing on October 16, 1972, for the same type of use. 19 d) The construction of unenclosed patios and like structures on residential properties. Z0 Section 20-15 Exemptions The following shall be excluded from the tax impose~ by this Ordinance, so long as the said use and occupancy shal2 ~3 continue: ~4 a) The construction and occupancy of any building ~5 unit by any bank, including national banking associations. b) The construction and occupancy of any building ~6 an insurer as that term is defined in Article XIII Sections 14-4/5 of the Constitution of the State of California. ~ c) The construction and occupancy of any building ~_~ the United States or any department or agency thereof or by th~ 28 State of California or any department, agency or political sul~ division thereof. 29 d) The construction and occupancy. of any building ~! non-profit corporation exclusively for religious, educationai~, 30 hospital or charitable purposes. Upon any change in any afore- 31 /// ? 3Z // -. I ' ._ I described use and/or occupancy this Ordinance shall become fully 2 applicable and enforceable as to any such building in which a ~ change in such use and/or occupancy has occurred, immediately upon 4 the date that any such change occurs. 5' $~_c...2.0-16. Payment Requir..ed for CommenC.ing Con. str,uction. 6 No permit shall be issued authorizing the construction 7 of any residential, commercial or industrial unit or building or 8 any mobilehome park in the City without the payment of the tax due 9 under this Ordinance. 10 Sec. 20-17 Refunds 11 Any tax paid to the City under this Ordinance for any 12! building or unit of a building or mobilehome park which is not 15 constructed shall be refunded upon application of the taxpayer and 14 a showing to the satisfaction of the Building Official that the 15 building or unit has not been constructed or construction commenced '16 and that. the building ~ermit issued for the building or unit has ~'; 17 been cancelled or surrendered or otherwise does not authorize the ~8 construction of the building or unit. 19 Sec. 20-18 Disposition of Proceeds ~0 All proceeds from the tax, penalty and interest collected' ~1 under this Ordinance shall be deposited in the general fund of the ~2 City. and shall be used for such municipal purposes as are author- ~3 ized by law. ~4 ~_ec. 20-19. severability.. ~5 If any section, subsection, sentence, clause, phrase or ~6 po=tion' of this Ordinance is for any reason held to be invalid ~7 or unconstitutional by the decision of any Court o~ competent , · . 28 Jurisdiction, such decision shall not affect the validity of the ~9 remaining portion of this Ordinance. The City Council of the City 30 of Tustin hereby declares that it would have adopted this Ordinance 31 and each section· subsection. sentence. clause, phrase or portion 3~ thereof irrespective of the fact that any one or more sections )tOLBfiOO~ · AN&, CAL~:P', I subsections, sentences, clauses, phrases or portions be declared 2 invalid or unconstitutional, 3 PASSED AND ADOPTED at a regular meeting of the City 4 CounCil, held on the 11th day of november 1972. 5 V ATTEST: ' I.~ MAYOR 9 C'X~Y 10 11 12 14 15 16 17 18 19 ~0 ~4 ~5 ~6 Z7 ~9 30 31 32 JGR 10-30-72 STATE OF CALIFORNIA) COUNTY OF ORANGE )ss CITY OF TUSTIN ) RUTH C. POE, City Clerk ~nd 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 four; that the above and fore- going Ordinance No. 560 was duly and regularly introduced and read at a regular meeting of the City Council held on ~ the 6th day of November , 197 2 , and was given its second reading and duly passed and adopte~ a~ a regular meeting held on the 20th day of November 197 2 by the following vote: ' ' - AYES: COUNCILMEN MILLER, SALTARELLI, LANGLEY, WELSH · NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE Y~D(~f'T , Caiifor~nl a