Ordinance Number 204361
ORDINANCE NO. 204
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
PROVIDING FOR THE PAYMENT OF FEES IN CONNECTION
WITH THE CONSTRUCTION OF NEW BUILDINGS AND THE
USE OF SUCH FEES.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES
ORDAIN AS FOLLOWS:
SECTION 1. STATEMENT OF POLICY. The City Council finds that
the continuing increase in construction of new buildings in the City,
together with the accompanying increase in population of the City
has created an urgent need for additional funds to be used for the
purpose of providing public safety, public works, and other municipal
services. The City Council hereby declares that the fees required to
be paid hereby are assessed pursuant to the taxing power of the City
and are solely for the purpose of producing revenue.
SECTION 2. DEFINITIONS. For the purpose of this ordinance,
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 constructing
dwelling units 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, hotel, motel, dwelling
group which contains a kitchen, and any other place? designed for
human occupancy which contains a kitchen, and any space in a mobile -
home 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 without
kitchens or kitchen facilities.
INDUSTRIAL UNIT shall mean any space in a building or structure
designed or intended for manufacturing, processing, research, ware-
housing or similar purposes.
MOBILEIIOME 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.
862 SECTION 3. TAX AMOUNT.
A. Tax Imposed. A tax is hereby imposed upon the con*truction
of each residential unit, commercial unit and industrial unit in the
City.
B. Rates. The rates of the tax hereby imposed are as follows:
1. Residential:
Single family dwellings . . . . . . .$125 per unit,
plus $10 per bedroom over one
Duplexes . - . . . . . . . . . . . . .$125 per unit, -
plus $10 per bedroom over one
Multifamily dwellings (Three (3) or more
units).. . . . . . ,$125 per unit,
plus $10 per bedroom over one
For each hotel or motel room without a kitchen' -
excluding bathrooms . . . . . . . . . . .$50 per unit
Mobilehome park pads . . . . . . . . . . . . $50 per pad
2. Commercial:
For each commercial building unit in a building, per
square foot of gross floor area, including any
area within a building designed for the parking
of vehicles . . . . . . . . . . . . . . .104 Per sq. ft.
3. Industrial:
For each industrial building or industrial unit in a
building, per square foot of gross floor area,
including any area within a building designed for
the parking of vehicles. . . . . . . . . .104 per sq. £t.
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 dwelling unit or upon
request for final approval and granting of a certificate of occupancy
for a mobilehome park. For all dwelling units, the tax shall be in �..-
addition 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 t
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, commercial and
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inaustriai. units or ouiiaings, or xor gyne C0nS'Lru(:l10ll or rec:ansLruc--
tion of any mobilehome park, for which an application for a building { 6 �.
permit is submitted after the effective date of this ordinance.
SECTION 6. EXCEPTION. There is excepted from the tax imposed
by this ordinance, the following:
The construction and occupancy of a residential, commercial or
industrial unit which is a replacement for a unit being removed from
the same lot or parcel of land. The exception shall equal but not exceed
the tax which would be payable hereunder if the unit being replaced were
,,being newly constructed.
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 building or unit by
any bank, including national banking associations.
B. The construction and occupancy of any building by an insurer
as that term is defined in Article XIII, Sections 14-4/5 of the Con-
stitution of the State of California.
C. The construction and occupancy of any building by the United
States or any department or agency thereof or by the State of California
or any department, agency of political subdivision thereof.
D. The construction and occupancy of any building by a non-
profit corporation exclusively for religious, educational, hospital
or charitable purposes.
E. 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 ordi-
nance for any building or unit of a building or mobilehome park which
is not constructed shall be refunded upon application of the taxpayer
and a showing to the satisfaction of the Director of Finance that the
building or unit has not been constructed 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.
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SECTION 10. DISPOSITION OF PROCEEDS. All proceeds from the
tax, penalty and interest collected under this ordinance shall be
deposited in the general fund of the City, and shall be used for
such municipal purposes as are authorized by law.
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 com-
petent 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
each 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 un-
constitutional.
SECTION 12. URGENCY. This ordinance is a revenue measure
and shall take effect immediately upon its passage. Before the expira-
tion of fifteen (15) days after its passage, this ordinance shall be
published once in the newspaper of general circulation in the City
of San Juan Capistrano, and said ordinance shall be in effect immediately
upon its adoption.
PASSED, APPROVED AND ADOPTED this 28th day of August, 1972,
by the following vote, to wit:
AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, WEATHERS
NOES: COUNCILMEN: THORPE
ABSENT: COUNCILMEN: NONE
!V(7 '
or of the City of Sah Juan
istrano
ATTEST: P
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, WANDA E. ANDERSEN, City Clerk of the City of San Juan
Capistrano, California, hereby certify that the foregoing Ordinance No.
204 is a true and correct copy of an Ordinance of the City Council
adopted on the 28th day of August, 1972. 4�/� /
City er-