Ordinance Number 316ORDINANCE No. 316
AGRICULTURAL PRESERVATION FEES
AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO PROVIDING FOR THE PAYMENT
OF FEES TO BE USED FOR THE PRESERVA-
TION OF AGRICULTURAL LAND
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
DOES ORDAIN AS FOLLOWS:
SECTION 1. STATEMENT OF POLICY. The City Council finds
and determines that the preservation of agriculture is integral to
carrying out the goals and objectives of the General Plan in that
the Land Use Element of the General Plan states that "the only way
through which the community could maintain its agricultural and
rural heritage would be to maintain a substantial portion of the
valley in agriculture." The Land Use Element of the General Plan
further indicates that designation of prime farmland for agricul-
tural land use is necessary "to preserve the rural character of the
community by maintaining active agricultural operations and to pro-
vide a continuing opportunity for promoting the agricultural heri-
tage through active participation and association with agriculture."
The City Council does also reaffirm the designation of
Agriculture Preservation within Priority Group I in the Open Space
and Conservation Element of the General Plan inasmuch as the surge
and demand for development, the resulting increase in construction,
and the accompanying growth in population has, and will continue
to have, the following impacts upon the City of San Juan Capistrano:
A. That the City's capability for providing municipal
services, and the cost thereof will materially increase; and
That the available open space will diminish; and
C. That the existence of agriculture, which is a valu-
able community resource, will be endangered; and
D. That the City as a "small self-contained village -
like community with abundant open space" which is a goal established
in the General Plan will be threatened; and
Therefore, there is an urgent need for funds for the
preservation of agriculture and related valuable community resources.
Thus, pursuant to the taxing power of the City and solely for the
purpose of producing revenues, in order to implement the goals of
open space and agriculture established in the General Plan, the
City Council does hereby set and establish taxes to be imposed as
hereinafter set forth.
SECTION 2. DEFINITIONS. For the purpose of this ordi-
nance, the words defined in this ordinance shall have the meanings
assigned to them unless from the context it appears that a different
meaning is intended.
PERSON shall mean every person, firm or corporation con-
structing dwelling units, commercial or industrial sites itself,
or through the services of any employee, agent or independent
contractor.
RESIDENTIAL UNIT shall mean a single family dwelling, a
dwelling unit in a duplex, apartment house, or dwelling group which
contains a kitchen, and any other place designed for human occupancy
which contains a kitchen, and any space or pad in a mobilehome park
designed or intended for a house trailer, mobilehome, camper or
similar vehicle.
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.
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INDUSTRIAL UNIT shall mean any space in a building or
structure designed or intended for manufacturing, processing,
research, warehousing or similar purposes.
MOBILE PARK shall mean any area where one or more lots
or spaces are rented or held out for rent to be occupied by a
house trailer, mobilehome, camper or similar vehicle.
SALES PRICE shall mean the total consideration paid
for the unit.
SECTION 3. TAX AMOUNT
A. Tax Imposed. A tax is hereby imposed upon the
construction of each residential unit, commercial unit and indus-
trial unit in the City.
B. Rates. The rates of the tax hereby imposed shall
be set as follows:
(1) Residential $ 500.00 per unit
(2) Commercial or Industrial $1,000.00 per acre
SECTION 4. TAX: WHEN PAYABLE. The tax imposed by
Section 3 of this ordinance shall be due and payable upon issuance
of the building permit for the construction of any such residential,
commercial or industrial unit or upon request for final approval
and granting of a certificate of occupancy for a mobilehome park.
For all such units, the tax shall be in addition to other taxes
as well as to the fee required to be paid for the building permit
and no such building permit shall be issued until the tax is paid.
For all mobilehome spaces, the tax shall be in addition to all
inspection fees required to be paid in the construction of a
mobilehome park and no final approval or occupancy permit shall be
granted until the tax is paid on all mobilehome spaces.
SECTION 5. OPERATIVE DATE. The tax imposed by this
ordinance shall apply to the construction of all residential, com-
mercial and industrial units or buildings, or for the construction
or reconstruction of any mobilehome park, for which an application
for a building permit is submitted after the effective date of
this ordinance.
SECTION 6. EXCEPTION. The City Council may grant an
exception to this ordinance upon the appeal of a property owner
in the case of the replacement of a residential, commercial or
industrial unit destroyed by fire, earthquake, flood, explosion
or other disaster.
SECTION 7. EXEMPTIONS. The following shall be excluded
from the tax imposed by this ordinance so long as the said use and
occupancy shall continue:
A. The construction and occupancy of any residential
unit which has a sales price of $50,000 or less; or the construc-
tion and occupancy of any residential unit which is determined by
the City Council to provide housing for low income residents. In
the case of residential units selling for $50,000 or less, the
exemption shall be granted in the form of a refund to be paid by
the City to the purchaser of the unit upon submittal of an escrow
statement showing the sales price of the unit to be $50,000 or less.
B. The construction and occupancy of any building or
unit by any bank, including national banking association.
C. The construction and occupancy of any building by
an insurer as that term is defined in Article XIII, Section 28
of the Constitution of the State of California.
D. The construction and occupancy of any building by
the United States or any department or agency thereof, by the State
of California or any department, agency or political subdivision
thereof.
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E. The construction and occupancy of any building by
a non-profit corporation exclusively for religious, educational,
hospital or charitable purposes.
F. In addition to the foregoing specific exemptions,
where commercial, industrial or recreational uses are involved,
the City Council may, upon application of any affected person,
consider the exemption of all or any part of the fees where there
is a long standing family ownership which will continue after
development.
If any change occurs in the aforesaid uses and occupancy,
the fees imposed by this Ordinance shall become fully applicable
and enforceable from the date that any change in the aforesaid use
and occupancy shall occur.
SECTION S. PAYMENT REQUIRED FOR COMMENCING CONSTRUCTION.
No permit shall be issued authorizing the construction of any
residential, commercial or industrial unit or building or any
mobilehome park in the City without the payment of the tax due
under this Ordinance.
SECTION 9. REFUNDS. Any tax paid to the City under
this Ordinance for any building or unit of a building or mobile -
home park which is not constructed shall be refunded upon appli-
cation of the taxpayer and a showing to the satisfaction of the
Director of Finance that the building or unit has not been con-
structed or construction commenced and that the building permit
issued for the building or unit has been cancelled or surrendered
or otherwise does not authorize the construction of the building
or unit.
SECTION 10. DISPOSITION OF PROCEEDS. All proceeds
from the tax collected under this Ordinance shall be deposited
in the Agriculture Preservation Fund to be used exclusively for
the purpose of preserving agriculture on lands designated for
such use in the General Plan and such other related purposes as
are authorized by law. Expenditures from the Agriculture Preser-
vation Fund shall be made after the General Plan has been amended
designating specific farmlands to be preserved in agriculture
as a long term or permanent land use. Such expenditures from the
Agriculture Preservation Fund may include, but are not limited
to: (1) Construction of buffers and fences; (2) Employee housing
assistance; (3) Refunds of prior capital improvement bond assess-
ments; (4) Refunds of those portions of prior property tax pay-
ments determined to be in excess of taxes that would have been
paid based only on agricultural land values; (5) Promotion of
local agriculture product sales; (6) City acquisition of farm-
land; (7) Such other applicable expenditures as deemed appropriate
by the City Council.
SECTION 11. SEVERABILITY. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of
any Court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this Ordinance.
The City Council of this City hereby declares that it would have
adopted this Ordinance and section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 12. REVENUE MEASURE. This Ordinance is 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 Ordi-
nance shall be in effect immediately upon its adoption.
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PASSED, -APPROVED, AND ADOPTED this 19th day of January
1977, by the following vote, to wit:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
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DOUGLAS B N SH', MAYOR
ATTEST:
CITY CL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 316 , adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 19th day of January , 1977.
(SEAL)
MARY ANN HANOVER, CITY CLERK
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