HomeMy WebLinkAboutOrd 1973-14917,/16/73
ORDINANCE NO. 1491
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS
X5.401,'35.402 AND 35.40: OF ARTICLE 4 OF CHAPTER 35
OF THE CHULA VISTA CITY CODE ADOPTING A NEW SCHEDULE
OF PAYMENTS OF THE RESIDENTIAL CONSTRUCTION TAX, AND
REQUIRING A CONVERSION TAX AT THE SAME RATE AS FOR
MULTIPLE FAMILY DWELLING UNITS UPON THE CONVERSION
OF APARTMENTS OR PROJECTS TO CONDOMINIUM OWNERSHIP.
The City Council of the City of Chula Vista does ordain
as follows
SECTION I: That Sectior~ 35.401,..35.402 and 35.404 of
Article 4, Chapter 35, of the Chula Vista City Code be, and are hereby
amended to read as follows:
Sec. 35.401. Purpose and intent.
1. Tax Upon Construction of New Residential Units.
It is intended that the residential construction tax shall be
applicable to all new residential units, including hotels
and motels, which, although considered as being commercial
in nature, generate householders who impose a burden upon the
public facilities of the City of Chula Vista. Said tax shall
be paid by the person constructing said units if said .person
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
continued 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
required to serve the increasing population of the City.
2. Tax Upon Conversion of Apartment Buildings or Projects
to Ownership of Independent Units. To further the purpose of
the City Council to establish a tax upon the conversion of
apartment buildings or projects to private ownership of
~~ independent units at the same .tax rate set forth in the
residential construction tax .schedule for multiple family
dwelling units, it is recognized that the conversion of
apartment buildings or projects in multiple family zones from
single corporate or partnership ownership to condominium
ownership or ownership pursuant to a subdivision of the
property affords to purchasers of such condominiums or inde-
pendent 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.
Therefore it is the intent of tl~e Council to require the
payment of a residential conversion tax if the residential
construction tax was not paid at~the time of the construction
of the multiple family dwelling omit or appropriate park lands
were not dedicated, or in lieu fees were not previously paid
at the time of the subdivision of the property, in order to
support the demands placed upon public facilities and require-
ments for impro vement or recommendation of capital improvements
as indicated hereinabove resulting from such conversion.
- 1 -
Sec. 35.402. Residential Construction Tax Schedule.
1. Every person constructing, erecting or placing any
new dwelling units in the City of Chula Vista shall pay
to the City a residential construction tax in accordance
with the following schedule:
Single Family Dwellings
Attached, Cluster Housing
of Planned Unit Developments
under either Condominium or
Subdivided Ownership
Duplex Units
Multiple Family Units
Mobile Homes
- $250.00 per unit plus
$10.00 for each bedroom
in excess of one bedroom
- $220.00 per unit plus
$10.00 for each bedroom
in excess of one bedroom
- $170.00 per unit plus
$10.00 for each bedroom
in excess of one bedroom
- $140.00 per unit plus
$10.00 for each bedroom
in excess of one bedroom
- $130.00 per unit plus
$10.00 for each bedroom
in excess of one bedroom
Residential Hotels or Motels - $80.00 per unit
with individual kitchen facilities
Residential Hotels or Motels - $70.00 per unit
without individual kitchen facilities
Transient Hotels or Motels - $50.00 per unit
For the purpose of implementing the above fee schedule, any
rooms as shown on plans submitted by the subdivider, regard-
less of their designation thereon, which may be used for
bedroom purposes shall be regarded as a bedroom.
2. Such taxes shall be due and payable upon application
to the City for a building permit for the construction of
any such dwelling unit; provided, 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 construction.
3. Further, the taxes for the conversion of ownership as
indicated in subsection 2 of Section 35.401 shall be due and
payable upon application to the City for a certificate of
occupancy as specified in Sections 306 and 502 of the Uniform
Building Code, 1970 edition, and as required for such conver-
sion pursuant to Section 20.701 of the Chula Vista City Code,
provided, however, that there shall be a refund of such taxes
in the event that the apartment building or project is not
ultimately converted to condominium or independent dwelling
unit ownership.
Sec. 35.404. Deposit of Funds;
All of the sums collected pursuant to this ordinance
shall be deposited in a Residential Construction/Conversion
Fund in the Capital Projects Fund classification.
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 Approved as to rm y
~'~~~~
Geo ge D. Lindberg, City A torney George Lindberg, City Attor
~~
AGENDA ITEM NO. [ ~1` -]
CHULA VISTA CITY COUNCIL MEETING OF: August 2'g, 1973
Ordinance
ITEM TITLE: No..14.91- -Amending Sections 35.401 & 35.402 of Art. 4,
Chapt. 35 of City Code Ado~.ting New Schedule of Payments of the Residential
f
ADOP~!`EL' AiVD APPROVED BY TIIE CITY COUNCIL. OF TIIE CITY
OF' CHULA VISTA, CALIFORNIA, this 28th day ~f August ,
19'7 3, by the following vote , to-wit : -
AYES :
NAYE,S
ABSENT :
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ATTEST.;..-= 1L ~' ~ .~~-l,~.~
C.c~ y ' eic,Iz
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STATE OF CALIFORNIA )
.COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA ),
I, J~NNIF 1~to
Ca.~.~~oicn~.a, ~U H~P.FBY
.t.nue a~td ean~cec~ copy
and ~ha~ the b ame l1a~s
VA7~D:
ss.
FCILASZ, C~.~y C.~e~.Fz ag ~i2~ C~.~y U~ Chu~'a V.~~~a,
C~RTI~y ~ha~ the above ar~d U~negc~.ing .co a ~ukk,
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nd.t been amended ~~ nepea.2ed.
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Courle~..~.rncn Scott, Hobel, Hamilton~Hyde
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Mayon M~ zhe C.czy o{~ criu.L'a.~~~tu
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AGENDA ITEM NO. [ -21 "~]
CHULA VISTA CITY COUNCIL MEETING OF:
August 28, 1973
Ordinance
ITEM TITLE: Np, 1491 - Amending Sections 35.401 & 35.402 of Art. 4,
Chapt. 35 of City Code Ado~.ting New Schedule of Payments of the Residential
Constr. Tax and Requiring a Conversion Tax Upon Conversion of Apartments or
INITIATED gy°; Condominium Ownership - lSecond reading and adoption
City Attorney
Rarxr,Rnirnm
A new schedule of taxes upon new residential construction and a conversion
tax for condominiums has been provided by the Planning Department. The
tax increase reflects increasing costs fob all capital improvements. The
tax now also reflects a variable based upon the number of bedrooms in a
dwelling unit. It also makes provision for taxes upon hotels or motels
which also introduce additional people into the City, imposing a burden
upon public facilities. A distinction is made between the residential
hotel or motel, such as the senior citizens projects, and the transient
hotel or motel, which is given a reduced rate.
This ordinance was3pJ.-acid on its first reading at the meeting of August 21, 1973.
ATTACHED: Resolution [ ]
Financial Statement:
n/a
Commission-Board Recommendation:
n/a
Department Head Recommendation:
Place on second reading_,and adoption
Ordinance [ ] Agreement [ ) Plat [ ]
See EXHIBITS [ ] No.
~~
City Manager Recommendation: Recommend approval
AGENpA ITEM N0. [ 21, '. ]
CHULA VISTA CITY COUNCIL MEETING OF: August 21, 1973
ITEM TITLE: Ordinance - Amending Sections 35.401 & 35.402 of Art. 4,
Chapt. 35 of the City Code, Adopting New Schedule of Payments of the
Residential Constr. Tax and Requiring a Conversion Tax Upon Conversion of
Apartments or Projects to Condominium Ownership - first reading
INITIATED BY:
City Attorney
BACKGROUND
A new schedule of taxes upon new residential construction and a conversion
tax for condominiums has been provided_by the Planning Department. The
tax increase reflects increasing costs for all capital improvements. The
tax now also reflects a variable based upon the number of bedrooms in a
dwelling unit. It also makes provision for taxes upon hotels or motels
which. also introduce additional people into the City, imposing a burden
upon public facilities. A distinction is made between the residential
hotel or motel, such as the senior citizens projects, and the transient
hotel or motel, which is given a reduced rate.
In accordance-with administrative request, the ordinance has been amended
to provide specifically for the creation of a residential construction/
conversion fund in the capital improvement fund classification.
ATTACHED: Resolution [ ] Ordinance [X] Agreement [ ] Plat [ ]
See EXHIBITS [X] No. 1
Financial Statement:
n/ a
Commission-Board Recommendation:
n/a
Department Head Recommendation:
Place on first reading.
City Manager Recommendation:
Approval