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Home My WebLink AboutOrd 1978-1805 Ordinance No. 1805 , . . � �...6 3 2nd Draft ' . - . . 6'w26-78 ORDINANCE NO. 1 H O J AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3. 32 OF THE CHULA VISTA MUNICIPAI, CODE REVISING THE RESIDENTIAL CONSTRUCTION TAX � The City Council of the City of Chula Vista does ordain as follows: SECTION I : That Chapter 3 . 32 , Sections 3 . 32.010 through 3. 32. 060„ of the Chula Vista Municipal Code be, and the same are hereby amended to read as follows : , CHAPTER 3.32 RESIDENTIAL CONSTRUCTION TAX . Sec. 3. 32 .010 Imposition on New Units- . . Purpose and Intent. . A. It is intended that the residential construc- tion tax shall be applicable to all new resi- dential units, including hotels and motels , which although considered as being commercial in nature, generate householders who impose a burden upon the public facilities and infra- structure of the city. B. It is further intended that all residential " units constructed within the City of Chula Vista shall be subject to the .residential construction. tax and may also be obligated to dedicate park lands or pay fees in lieu thereof as a condition of approval of a subdivision _ map; provided, however, that the , City Council may waive all or a portion of either require- � ment in accordance with the provisions contained herein. • C. The City Council declares that the fees re- quired 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 insufficient funds available for the increased demand for capital items re- quired to serve the increasing population of the city. Sec. 3 . 32 .020 Imposition on. Onits Converted from Common Ocmership to Individual Ownership-PUrpose and Intent. A. It is the purpose of the City Council to esta- blish a tax .to be paid upon the conversion of apartment buildings or housing projects to a form of individual ownership of independent units at the same tax rate set forth in the residential construction tax schedule esta- • blished for condominium ownerships. It is recognized that the conversion of apart- ment buildings or projects in multiple-family zones from single, individual, corporate or partnership ownership to condominium or other form of independent ownership or ownership pur- suant to a subdivision of the property affords to purchasers of such condominiums or indepen- _ dent units a type of single-family ownership status with a greater projected population density than that which would be allowable in the single-family residential zones. B. .Therefore, it is the intent of the Council to require payment of a residential conversion tax, which shall be the full amount of the tax re- quired for condominium or subdivided ownership if the residential construction tax was not paid at the time of the construction of the multiple- � family dwelling unit, or if such a tax was paid at the time of construction, then an additional tax equivalent to the difference between the original tax paid and-that currently imposed upon condominiums or subdivided ownerships shall be required. � Sec. 3. 32. 030 Definitions. A. As used in this chapter, the term "dwelling unit" means and includes each single-family ' dwelling and each separate habitation unit of • an apartment duplex or multiple dwelling struc- ture 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 chapter also includes a unit of an exist- ing multiple-family dwelling which is to be sold as .a condominium as defined by the Civil Code of this state or any other form of coopera- tive ownership. ' B. As used in this chapter, the term "person" means and 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. Sec. 3 . 32 . 040 Schedule of Tax. A. Every person constructing, erecting or replacing any new dwelling units in the City or converting any existing units to condominiums, cooperative or subdivided ownership shall pay to the city a residential construction tax in accordance with the following schedule: 1. Single-family dwellings: $450 .�00 per unit plus $25. 00 for each bedroom in excess of one bedroom; ' 2 . Attached, cluster housing of planned unit developments under either condominium or subdivided ownership: $375. 00 per unit plus $25. 00 for each bedroom in excess of one bedroom. � -z- goS , 3 . Duplex units : $350 . 00 per unit plus $25. 00 for each bedroom in excess of one bedroom; 4. Multiple-family units : $250. 00 per unit plus $25 . 00 for each bedroom in excess of one bed- room; 5. Mobile homes : $200 . 00 per unit plus $25 .00 for each bedroom in excess of one bedroom; 6. Residential -hotels or motels with individual kitchen facilities : . $150. 00 per unit; 7. Residential hotels or motels without individual kitchen facilities: $100. 00 per unit; 8 . Transient hotels or motels: $75. 00 per unit. B. For the purpose of implemeriting the fee schedule � set forth in subsection A, any rooms as shown on plans submitted by the subdivider, regardless of their designation thereon, which may be used for bedroom purposes, •shall be regarded as a bedroom. C. Such taxes shall be due and payable upon appli- cation to the city for a building permit £or the construction of any such dwelling unit; pro- vided, however, that there shall be a refund of such taxes in the event the building permit is � not approved, .or is not used, for such construc- tion. . . _ D. Further, the taxes for the conversion of owner- ship as indicated in Section 3. 32 . 020 shall be payable upon application to the city for a certificate of, occupancy as specified in Sec- tions 306 and 502 of the Uniform Building Code, 1970 Edition, and as required for such conver- sion pursuant to Section 15. 56 .010 of this code; . provided, however, that there shall be a refund o£ such taxes in the event that the apartment building or project is not ultimately converted to condominium or independent dwelling unit ownership. Sec . 3 .32 .050 Waiver of Tax Requirements . s A. Recommendation of Planning Commission. ` � The City Council may, �_upon the request of a developer;� waive -all or a portion of this tax for any of said dwelling unit types listed hereinabove to be con- structed or;converted within the already developed , J and previously subdivided , urban core of the city or for any dwelling unit tyoes constructed anywhere within ; the city which would serve as housing for low and mod- � erate income families , provided, further, that the ' \ Council shall waiveythe tax requirements where land ,is ` dedicated for oarkLpurposes . , t ;� � - • . � � B . Recommendation �of Redevelopment Agency . ' r , . . � _ The City Council may, upon the recommendation of the . ,� ` Chula Vista Redevelopment Agency, waive all or a por-'� �r " l tion of the tax for any of said dwelling unit tyoes fJ Sp5 � listed hereinabove to be constructed or converted ' j within an established redevelopment project. -3- / ��5 . : _ . • . . , . Sec. 3 . 32. 060 Deposit of funds. All of the sums collected pursuant to this chapter shall be deposited in a residential construction/ conversion fund in the capital projects fund classi- fication. SECTION II : This ordinance shall become effective upon first reading and adoption. - Presented and Approved as to form by �n / V .�t^i�4--'-�i � � George D. Lindberg, City A -Corney � � �� ' -4- ' APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AT F I RST READ I NG TH I S � DAY OF JUNE , 197�_, by the following vote, to—wit: AYES� Councilmen SCOTT. COX, EGDAHL, HYDE, GILLOW � NAYES� Councilmen NONE ABSTAIN: Councilmen NONE ABSENT: Councilmen NONE l�� (� Mayor of ihe City of Chula isia ATTEST City Clerk STATE OF CA�IFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY ihat the above and foregoing is a full, irue and correct copy of - ,and thot ihe same has not been amended or repealed. DATED (seaU City Clerk / o) CC-660