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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. -1- 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 -2-