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HomeMy WebLinkAbout1983-08-16; City Council; 5778-12; Ordinance re: imposition of Businesss License Taxr> OLU oo:CLa. O1 _l o ou CITY JF CARLSBAD — AGENDA ^ILL **& AR« .xT7'7/>~^ MTG. 8/16/83 DPPT. BLD TITLE: AN ORDINANCE CLARIFYING THE IMPOSITION OF THE BUSINESS LICENSE TAX DEPT. HD.JSQ- CITY ATTY\J/2^ CITY MQR.Q^3 RECOMMENDED ACTION: Staff recommends the introduction of Ordinance No. (pO'J ^* • ITEM EXPLANATION: Presently the business license tax is imposed upon all new construction in the City. For alterations the existing law provides that the tax will be imposed on "the square footage of additional dwelling units or mobile home spaces." For residential ad- ditions or in the case of all other building alterations on "the additional square footage, if any, resulting from the alteration." Carlsbad Municipal Code, Section 5.05.030(c). This language is vague because it speaks of "alterations" only in terms of "additions" to buildings. In many instances, particularly in the cases of industrial or commercial buildings, a builder will construct a "shell building" and later when the occupants of the building are determined will do extensive work with- in the shell to make the building useful for the occupant. This work results in added value to the building and in added impacts to the community. To deal with this situation, staff has consistently interpreted the existing language as impos- ing a tax on the value added by such intentional alterations. The proposed ordinance eliminates the vagueness of the existing law. The proposed ordinance codifies the existing administrative interpretation. The proposed ordinance will specify the tax for construction done on existing buildings as follows: 1. Residential structures (including mobile homes) - tax levied on value of additional "dwelling units" only. If no dwelling units .are added, there is no tax for a remodel. 2. Nonresidential structures - Additions - tax levied on value of addition only. Alterations - tax levied on value added by the alteration. Alterations are taxed only if the alteration changes the use potential of the building, results in the ability to accommodate a more intense operation of the existing use, or makes the building suitable for occupancy. FISCAL IMPACT: This ordinance reduces staff time in collecting the license tax for some projects where the tax amount has been challenged or refunded in the past. EXHIBITS: 1. Ordinance No. 6c ORDINANCE NO.6072 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 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 5.09.030 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. b) The developer of a mobilehome park shall pay a 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. c) For the alteration of or addition to residential 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. (e) For the alteration of structures, other than 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. o CDC/5-J O 1 2 3 4- 5 6 7 8 9 10 11 12 I 13 o- u. g | 14 Q O 2 § 1M? 15 iu 0 Ul *- <N rf0 51 "" 5HO CO o 16 17 18 19 20 21 22 23 24 25 26 27 28 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. The amendments are necessary to codify the administrative interpretation of the existing law. 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. Before the expiration of fifteen 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of August / 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of Septerriber , 1983 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None / MARY H. /C/ASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL)