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HomeMy WebLinkAbout1983-09-06; City Council; 6072; CMC 5.09.030 amend - New construction business license tax clarification1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 6072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.09 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 5.09.038 TO CLARIFY THE CIRCUMSTANCES FOR IMPOSITION OF THE BUSINESS LICENSE TAX ON NEW CONSTRUCTION. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 5, Chapter 5.09 of the Carlsbad Municipal Code is amended by the amendment of Section 5.09.030 to read as follows: 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 two percent (2%) of the valuation of the building or structure established by the Building Official pursuant to this Code for determining the building permit fee. In determining valuation the Building Official may use the valuation multipliers approved by the San Diego Chapter of the International Conference of Building Officials. license tax fee of $1,500.00 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. structures or mobilehome parks, the license tax shall be computed only on the valuation of additional dwelling units or mobilehome spaces, if any, resulting from the alteration or addition. (d) For additions to structures, other than residential structures, the tax shall be calculated on the value of the addition only. residential structures, the tax shall be calculated on the value added by the alteration. The tax shall be imposed upon alterations only where the alteration changes the use potential for the structure, results in the ability to accommodate a more intense operation of the existing use, or results in making the structure suitable for occupancy or use pursuant to the building code. b) The developer of a mobilehome park shall pay a c) For the alteration of or addition to residential (e) For the alteration of structures, other than 1 2 3 4 E E P 1 E < 1( 1: SECTION 2: That the amendments made by section 1 of this ordinance are declarative of existing law and the administrative interpretation of the existing law by the Building Official. administrative interpretation of the existing law. The amendments are necessary to codify the SECTION 3: 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. days after its passage, this ordinance shall be published once in the Calrsbad Journal, a newspaper of general circulation printed and published in the City of Carlsbad. Before the expiration of fifteen INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16& day of Auqust 1983, and thereafter I PASSED AND ADOPTED at a regular meeting of said City Council held on the Gth day of Septexker , 1983 by the following vote , to wit: AYES: NOES: None ABSENT: None Council Pf~s Casler, -is, Kulchin, Chick and Presmtt ATTEST : (SEAL)