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HomeMy WebLinkAbout1979-03-20; City Council; Resolution 5723LI - 3-1 1: 1; 1: 11 l! It 1: 1t 1: 2c 21 22 22 24 25 26 27 28 RESOLUTION NO -- 5723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING, ORDERING, PROVIDING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 5TH DAY OF JUNE, 1979, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO - PUBLIC FACILITIES FEES. WHEREAS, the City Council of the City of Carlsbad finds that new construction and development will necessitate additional public facilities; and WHEREAS, the City Council of the City of Carlsbad desires that new construction in the City of Carlsbad be required to pay a fee toward the public facilities necessary to serve such construction; and WHEREAS, the City Council of the City of Carlsbad desires to submit to the qualified voters of said City a proposed Ordinance relating to public facilities fees; and WHEREAS, City Council of the City of Carlsbad is authorized to submit such Ordinance to the qualified voters; NOW, THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Carlsbad, as €0 llows : SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there shall be, and there is hereby called and ordered, held in the City of Carlsbad, County of San Diego, State of California, on Tuesday, the 5th day of June, 1979, a Special Municipal Election of the qualified voters of said City for the purpose of presenting an Ordinance as hereinafter 1% 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1E 1E 17 1E 1C 2c 21 22 2: 24 2E 2( 2'; 2E set forth relating to public facilities fees. SECTION 2. That the Ordinance to be submitted to the qualified voters shall be as set forth in the attachment hereto marked "Exhibit A" and incorporated herein by this reference . SECTION 3. That said City Council, pursuant to its right and authority to do so, does hereby determine that there shall be and there is hereby ordered submitted to the qualified voters of said City at said Special Municipal Election, the following Measure, to wit: - SHALL ORDINANCE NO. 6059 BE ADOPTED AMENDINGTITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF STRUCTION IN THE CITY FOR THE PURPOSE OF PROVIDING - PUBLIC FACILITIES ? YES 8 CKAPTER 5.09 TO IMPOSE A LICENSE TAX ON ALL NEM CON- A cross (+) placed in the voting square after the word ''YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the Ordinance. the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the Ordinance. A cross (+) placed in SECTION 4. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 5. That the City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies (LINE NOT USED) (LENE NOT USED) (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) - 2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 6. That the polls for said election shall be open at 7:OO O'Clock A.M. of the day of said election and shall remain open continuously from said time until 8:OQ O'Clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 8. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) - 3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a Regular Meeting thereof on March 20, 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Casler ABSTAIN: None ATTEST : ( SEAL) - 4- 1 .1 2: 22 * 24 25 26 27 28 .. .. EXH~T A TO RESOLUTION NO. 5723 0.. ORDINANCE NO. 6059 .. ., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING BY THE ADDITION OF C€IAPTF,R 5.09 TO PROVIDE FOR THE PAYMENT OF TAXES ON NEW CONSTRUCTION TITLE 5 OF THE CARLSBAD MUNICIPAL CODE AND FOR THE USE OF SUCH TAXES FOR PUBLIC FACILITIES. THE PEOPLE OF THE 'CITY OF CARLSBAD DO ORDAIN. AS FOLLOWS: SECTION 1: That Title 5 of the Carlsbad Municipal Code is mended by the addition of Chapter 5.09 to read as follows: "Chapter 5.09 - ADDITIONAL LICENSE TAX ON NEW CONSTRUCTION ections : 5.09 . 010 5.09.020 5.09.030 5.09 . 040 5.09.050 5.09.060 5.09.070 5.09.090 5.09.100 5.09 . 110 5.09.120 6 . 09.0 8 0 Purpose and intent. Definitions. Imposition of tax--amount. Credit. - Time and place of'payment. Refunds . Disposition of proceeds; fund created. Exceptions. Exemptions. Construction prohibited. Tax liability; enforcement. Effective date. 5.09.010 Purpose and intent. The City Council hereby Zclares that the license taxes required to be paid hereby re assessed pursuant to Section 37101 of the Government Code E the State of California and.the taxing power of the City and ilely for the purpose of producing revenue. lopted for regulatory purposes. le City, with the consequqt increase in population and in the ;e of public facilities, has imposed increased requirements for Ich facilities, including but not limited to parks, major streets, raffic signals, storm drains, bridges and public buildings (such ; fire stations, police facilities, maintenance facilities, lbraries and general offices). salts directly from new construction and the need cannot be :t from ordinary City revenues. :thod of paying for such facilities is to impose a tax upon new mstruction in the City. le following words and phrases shall have the meanings rcspective- r ascribed to thcni by this section. This chapter-is not The continued development of The necessity for such facilities The most practical and equitable D 5.09.020 Definitions. ' For the purposes of this chapter I .,. ' '. ll 3 2 3 4 5 -. 6 7 ? -. 9 10 . 3.3. 19 20 23. 22 23 24 , 25 RG 27 20 8 8. -: . -0 .. ,. .. I I . (1) "Mobilehome space" means each space, area or I building, in a trailer park or.mobilehome park or other place, de3igned or intended as a place to accommodate any mobilehome, trailer, van, bus, or other vehicle or mobile structure, at a time when the same is being used as living or sleeping quarters for human beings. (2) "Person" includes every individual, firm, partner- ship, joint venture, association, trust, corporation or any other group engaging in construction activities itself or through the services of any employee, agent or independent contractor, 5.09.030 Imposition of tax--amount. (a) In addition to any other fee, license or tax required by this Code, every person constructing or causing to be constructed or erected any building or structure in the City of Carlsbad for.which a building permit is required, shall pay a license tax in the amount of 3% percent of the valuation of the building or structure established pursuant to this Code for determining the building permit fee. tax fee of $1,750.00 for each mobilehome space. The license tax for mobilehome spaces shall be automatically increased or decreased on January 1 of each year by the same percentage as the percentage of increase or decrease in construction costs between December 1 of each of the two immediately preceding years, for which purpose construction-costs and the increase or decrease therein shall be based on the Engineering News-Record' Construction Cost Index. mobilelome parks the license tax shall be computed only on the square footage of additional dwelling- units or mobilehome spaces, if any, resulting from the alteration, and for the alteration of other buildings or structures, the license tax shall be computed only upon the additional square footage, if. any, resulting from the alteration. this chapter shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of this Code, the fee for a building permit for construction on a lot which was part of a subdivision which was subjected to satisfy the requirements of Chapter 2Q.44. If land was dedicated, the fees which would have been required in lieu of such land at the time it was dedicated shall be determined, Such amount or the actual amount of fees paid shall ten be apportioned to each of the lots in the subdivision. question shall be a credit against the fee imposed by this chapter. (b) The developer of a mobilehome park shall pay a license (c) For the alteration of Residential structures, or ' 5.09.040 Credit. A credit toward the license tax imposed by The credit shall be applied to The part of such amount attributed to the lot in ' 5.09.050 Time and place of payment. The license taxes imposed pursuant to Section 5.09.030 shall be due and payable at-the Office of the Building Director, City Hall, Carlsbad, . /// ' /// r) . *--- . .- . . . .. .~ . . . .-.. . .. . .. . . . .- A, , :' . :- -. -.._ '2 3 '4 5 ._ 6 7 8 .9 10 11 . . 3.2 9. 19 20 ' 21 22 23 24 25 26 27 28 .. Zalifornia, upon issuance of the building permit. nobilehome space shall be paid.prior to the issuance of the first ?ermit for the construction of such space or i.f such construction is performed without a permit, at the time when construction is commenced. The tax for' a No permit shall issue until the tax is paid,. 5.09.060 Refunds. If a permit for construction work expires 3r if such permit is revoked and if durinq the one hundred-twenty days following the expiration or revocation date of the permit the permittee files written application for a refund in the office of the City Clerk, there shall be a refund of the entire tax paid. There shall be no refund iE any construction work has been perfomt- 2d nor shall there be any partial refund, it shall be unlawful for any person to proceed in any way with further construction without first applying for another building permit and paying the tax imposed by this chapter. If no refund is made and a permit expires after work has been performed, a new building permit shall be required and the tax imposed by this chapter shall be paid provided, however, a credit shall be given not to exceed the tax paid in connection with the expired permit. 5.09.070 Disposition of proceeds; fund created. (a) All proceeds from the tax collected pursuant to this chapter shall be paid into a special capital outlay fund of the City entitled "Public Facilities Fund" which fund is hereby created. The fund shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property, and public improvements and facilities including but not limited to the following types of capital projects: .Public buildings (such as fire stations, police facilities, maintenance and yard facilities, libraries and general city offices) parks, major streets, traffic signals, storm drains, bridges and other similar projects as the Council may deem necessary and appropriate. the Public Facilities Fund shall be made by the city Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct. At the discretion.of the City Council, funds may be accumulated in unlimited amounts for expected future capital improvement costs. The Citv Council-may loan general funds or other funds to the Public Facilities Fund and use the proceeds froin the tax imposed by this chapter to repay such loans. In the event of a refund, (b) Designation of expenditures of funds available from (c) 5.09;080 Exceptions. There is excepted from the tax imposed by this chapter, the following: mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. shall equal but not exceed the tax which would be payable here-' under if the building being replaced were being ncwly constructed. If the tax imposed on the new building'excceds the amount of this exception, such excess shall be paid. (1) The construction of a building or structure or The exception 3, .. 3, 2 4 5 .6 7 a 9 10 . - 11 ' 12 s 19 2c 21 2% 4 22 24 25 26 27 28 0 -. -( 2) Accessory buildings or structures in mobilehome' Buildings or structures which'are clearly The City Council may grant an exception for a parks, such as a club house, swimming pool, or laundry faci1;ties. (3) accessory to an existing use such as fences, pools, patios and automobile garages. (4) low cost housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary, exception for low cost housing the City Council may attach conditions, including limitations on rent or income levels of tenants. being operated as a low cost housing project in accordance with all applicable conditions, the tax, which would otherwise be imposed by this chapter, shall immediately become due and payable. In approving an If the City Council finds a project is not 5,09.090 Exemptions. There is excluded from the tax 1, Any person when imposition of such tax upon that The construction of any building by a nonprofit or charitable purposes. The construction of any building by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. 5.09.100 Construction prohibited. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building or structure in the City, or attempt to do so, or cause the same to be.done, without first paying the tax imposed by this chapter. 5.09.110 Tax liability; enforcement. The taxes imposed by this chapter are due from the person by or on behalf of whom a residential, industrial or commercial building or mobilehome spa& is constructed, whether such person is the owncr or a lessee of the land upon which the construction is to occur. The Building Director shall collect the tax due hereunder. The full amount due under this chapter shall constitute a debt to the City of Carlsbad. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause imposed by this chapter: person would be in violation of the Constitution and laws of the United States or the State of California. 2. corporation exclusively for religious,.educational, hospital e. 3. The City Manager shall be respo'nsible for the administration and enforcement of this chapter. His ‘decisions may be appealed to the City Council whose decision shall be final. /// ' /// 4. e .’ ’. .. 5.0.9.120 Effective date. The taxes imposed by this Chapter shall be applicable with respect to building permits for construction activities, issued on or after April 1, 1979. Any person constructing one OK more dwelling units, or other- wise engaging in construction taxable hereunder, pursuant to a building permit applied for on or after said date, or applied for before said date but not actually issued until on or after said date, shall be liable for payment of said tax irrespective of whether said tax was collected at the time of building permit application or issuance. No occupancy permit shall be issued with respect to any completed structure or construction taxable hereunder, unless and until the proper tax due has been paid. SECTION 2: Severability. If any section,.subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Carlsbad hereby . declares that it would have passed this ordinance, and each section, subsection , * clause or phrase thereof , irrespective of, the fact that any one or more other sections, subsections, clauses ox phrases may be declared invalid or unconstitutional. SECTLON 3: The City Council may amend this ordinance ._ from time to time to add exceptions or adjust the rate or application of tax or make such other.changes as they determine to be necessdry provided, the rate of the tax to be imposed by this ordinance shall not be increased and the purposes for which the funds can be expended shall. not be changed. SECTION 4: This ordinance, being an ordinance relating to taxes for usual and current expenses of the City, pursuant to Section 36937(d) of the Government=‘ Code shall take effect .’ immediately upon its passage. Bekore the expiration of fifteen days after its passage, this ordinance shall be 5. ._~.__II_._, . -il ...... .. --- ... .. .. .. .. .- . 0. '8 1 2 3 4 5 6 7 8 9 11 12 12 14 1: JC l'j JZ 1s '2< 2: 2: 2: 21 Z! 24 2' 21 0 published once in the Carlsbad Journal, a newspaper of general circulation printed and published in the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Carlsbad held on the 1979 by the following vote, to wit: day of *. AYES : NOES : ABSENT: .a RONALD C. PACKAFD, Mayor ATTEST: .. ALETHA L. PV-IUTENXRANZ, City Clerk (SEAL) APPROVED AS TO FORM: .. VINCENT F. BIONDO, JR., City Attorney .c *. .