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HomeMy WebLinkAboutOrd 1972-1423 ORDINANCE NO. 1423 AN ORDINANCE OF THE CITY OF CHULA VISTA, AMENDING SECTIONS 35. 401 AND 35. 403 OF ARTICLE 4 ,� OF CHAPTER 35 OF THE CHULA VISTA CITY CODE REQUIRING THE. PAYMENT OF THE RESIDENTIAL CONSTRUCTION TAX AT THE RATE FOR MULTIPLE FAMILY DWELLING UNITS UPON THE CONVERSION OF APARTMENT BUILDINGS OR PROJECTS TO CONDOMINIUDS OWNERSHIP ' The City Council of the City , of Chula Vista does ordain as follows : SECTION Z : That Sections 35. 401 and 35. 403 of Article 4 , of Chapter 35 of the Chula Vista City Code be, and the sane are hereby amended to read as follows : Sec. 35 .401. Purpose and Intent. � It is the purpose of the City Council of the City of Chula Vista in adopting a residential construction tax to provide a more equitable distribution of the burden of financing parks, open spaces and public facilities and other capital improvements, the need for which is created by the increasing population of the City. It is intended that the residential construction tax shall be applicable to all new residential units and/paid by the person con- structing said units if said pe{son has not dedicated park lands or paid fees in lieu thereof as a condition of approval of a subdivision map. The City Council hereby declares that the fees required to be paid hereby are assessed pursuant to the taxing power of the City and solely for the purpose of producing revenue . The con- tinued increase in the development of dwelling units in the City with the attendant increase to the population of the City has created an urgency in that there are insuf- ficient funds available for the increased demand for capital items required to serve the increasing population of the City. It is further the purpose of the City Council, in light of the fact that the conversion of apartment buildings in multiple family zones from single, corporate or partnership � ownership to condominium ownership affords to purchasers of such condominiums a single family ownership status with a greater density allowable than in the single family resi- dential zones , to require the payment of the residential construction tax if said tax has not been paid at the time of the construction of the multiple family dwelling unit or park land or in lieu fees been previously paid at the time of subdivision in order to support the demands for said public facilities and capital improvemerits as indicated hereinabove. Sec. 35. 403 . Definitions (a) As used herein the term "person" includes every person, firm, or corporation constructing, erecting or placing a dwelling unit itself or through the services of any employee, agent or independent contractor. ' - 1 - (b) As used herein the term "dwelling unit" includes each single ' family dwelling and each separate habitation unit of an apartment duplex or multiple dwelling structure designated as a separate habitation for one or more persons although a part of the same building or structure, or mobile home. The term "dwelling unit" for the purposes of this article shall also include a unit of an existing multiple family dwelling which is to be sold as a condominium as defined by the Civil Code of the State of California. SECTION II : This ordinance shall take effect and be in full force on the thirty first day from and after its passage and approval. Presented b Approved as to�f,p by �� �L�°.��.�1�-� � �iL � � � �� � George D. Lindberg, City Attorney George D. Lindberg , City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 19th day of September r 19�2, by the following vote, to-wit : AYES : Councilmen HOBEL t1At�ffLTON. HYDE. EGDAHL. SGOTT NAYES: Councilmen,>_ NONE ABSENT: Council.men NONE �2 Mayor of the ity of Chula ista ATTEST ��r�-r�l� ��// ��Gt�{ � � City Cler � STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I , , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Ordinance No. , and that the same has not been amended or repealed. DATED City Clerk � - 2 - 1 a,'