Ordinance Number 364ORDINANCE NO. 364
SYSTEMS DEVELOPMENT CHARGE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A SYSTEMS DEVELOPMENT
CHARGE ON DEVELOPMENT IN THE CITY (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Scope and Purpose
There is hereby imposed a systems development charge
to provide a predictable and equitable funding source for capital
improvements by requiring those in the business of development
to "buy into" the pre-existing City infrastructure so that the
impact of new growth on existing improvements will be borne
equitably by new development.
CRrTTnN 9_ nafinitinnc
(1) Building. For the purpose of this Ordinance, a
building is a structure built for the support,
shelter or enclosure of persons, animals,
chattels, or property of any kind.
(2) Development. For the purpose of this Ordinance, a
development including a new development is one
or more buildings covered by a single building
permit.
RPrTTnM 7. Tav CrhaAnla
The systems development charge tax schedule and
corresponding method of tax payment shall be in conformance with
and equal to an amount as set by resolution by the City Council
of the City of San Juan Capistrano.
SECTION 4. Payment of Taxes
Any applicant for a building permit for a new development
shall pay the systems development charge tax in conjunction with
payment of the building permit fee. Any and all questions with
regard to the applicability of the systems development charge
tax to a particular new development shall be decided by the City
Manager.
SECTION 5. Exemptions
Any parcel of land which, on the date of application
for a building permit, meets the following criteria shall be
exempt from paying a systems development charge tax:
(1) Alterations which do not increase the floor
area of a structure;
(2) Additions to single family residential
dwellings which do not constitute the
addition of a living unit as defined by
the building code;
I
(3) Lbw and moderate income level housing, as
defined in the guidelines of the United
States Department of Housing and Urban
Development.
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SECTION 6. Segregation and Use of Revenues
All funds derived from the systems development charge
tax are to be segregated by accounting practices from all other
accounts of the City and shall be used for the design,
construction and acquisition of City capital improvements
as appropriate to accommodate new development and growth.
Designation of expenditure of funds available from
the systems development charge tax shall be made by the City
Council at such time as the City Council may direct. At the
discretion of the City Council, funds may be accAumulated in
unlimited amounts for expected future expansion costs.
SECTION 7. Appeal
Any person aggrieved by a decision of the City Manager
pursuant to this Ordinance may appeal that decision to the City
Council by filing a written request with the City Clerk within
10 days after said decision setting forth the gounds of the
appeal. In considering the appeal, the City Council shall
determine whether the decision of the City Manager is correct
and may affirm, modify, extend, or overrule any such decision.
SECTION 8
Effective Date
This is an Urgency Ordinance to preserve the health,
safety and welfare of the City of San Juan Capistrano, and shall,
accordingly, become effective immediately upon its passage. The
reasons for the urgency are that, on July 1, 1978, the City of
San Juan Capistrano will have a drastic reduction in its legal
ability to generate revenue by the use of the property tax due
to the passage of Proposition 13, which will severely limit the
City's capacity to implement the adopted General Plan; a systems
development charge tax on development in the City is necessary
to preserve and maintain the fiscal well-being of the City.
SECTION 9. Revenue Measure
This Ordinance is also a revenue measure and under
the provisions of Section 36937 of the Government Code must
take effect immediately upon its passage. Before the expiration
of fifteen (15) days after its passage, the City Clerk shall
certify to the adoption of this Ordinance and cause the same
to be posted in the duly designated posting places within the
City of San Juan Capistrano, and said Ordinance shall be in
effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 29th day of
June , 1978, by the following vote, towit:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim,
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
ATTEST:
CITY ERK �
ZK� � - � n
KENNETH E. FRI SS, MAYOR
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