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O 178 C.S. ......:J.L-- ',i .. , ,. . , '. OROIN'.NCE NO. 178 C.S. - AN ORDINANCE OF TUE CITY Of ^RROYO GRANDE AMENDING TUE ARROYO GRANDE HUNICIPAI. CODF. BY ADDING ARTICLE 5 TO CUAPTER 3 OF TITLE 3 OF THE ARROYO r,RANDE MUNICIPAL CODE PROVIDING rOR A LICENSE TO TAX UPON CONSTRUCTION OF RES !OENTI AL DWELLI NG UN I TS. MOB II,EHDIIE I.OTS AND COMMERCIAL BUILDINGS. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY OROAIN AS FOLLOWS: SECTION 1: Article 5 I. hereby added to Chapter 3 of Title 3 of the AreoVo Grande Municipal Code to read as follows: Article 5. License Tax Upon Construction of Residential Dwell'n; Units, Mobllehome Lots and C~erclal Bufldlngs. Section 3-3.501 FIndIngs. The City Council finds that rapid development of 1and within the City ot Arroyo Grande has created a need for public Improve- ments in facilities, including but not necessarily limited to fire stetfons and fire fighting equipment, parks, and street improvements and equipment which, with existing revenue, cennot presently be satisfied by the City and the need therefore Is attributable for the most part to construction of residential dwelling unrts, moblJehome 'ots and commercial buildl~gs within the City. Section 3-3.502 Definitions. A. Constructing. As used In this Artic1e, IIconstructlng" shal1 mean the assembling, locatfng, erecting, or a1tering of constructlnn materials, components or modules into a building or structure when such work must be authorized by a building permIt. 8. Mob; Jehome Jot. As used In this Article, llmobilehome lot" sha" mean any area or portion of any mobllehome park designated, designed or used for the occupancy of one mob11ehome on a temporary, srml-permanent or permanent bas's. C. Resldenti.a1 dwelling unit. As used In this Artic1e, 1Iresldentlal dwelling unit" shall mean e building or 8 portion of a bufJding planned, designed or used as a residence for one family on1y 11ving rndependently of other families or persons and having Its own bathroom and housekeeping facilities In said unit, (for example, a one~fam'ly dwelling, each unit of R two.famlly dwel11ng, each unft of a multiple dwell'ng In eech apartment In an apartment house). "ResldentlaJ dwe1l1ng unit" shall include any building or portion thereof, the assembly, locating, erecting or altering of construction Materials, components or modules of which must be authorized by a building permit. D. Commercial building. As used in thfs Artfcle, "commerclal buIJdJngtl sha11 mean any building other than one deffned as a residential dwellfng unit or 10-,'.,. one being used for resldentia1 purposes on a mobllehome Jot, whether said structure is Intended for commercla1 or industrIal use. E. Person. As used in this ArtleJe, "person" shai1 mean any domestic or fore1gn corporation, finn, assocIation, 5yndlcat~, Joint stock company, partner~ shfp of any kind. joint venture, society or fndlvldua1. Section 3-3.503 Con5tructlol~ Tax. A construction tax is hereby Imposed upon the prJvlJege of construction In the City of Arroyo Grande of any mob'lehome lot, residentia' dwe111ng unit, or commercial bUfldlng, and every person to whom I . permit to con$truct any bul1dlng In the Cfty of Arroyo Grande Is Issued and every person to whoM a perm1t to connect to Jewer and water IJne. to s.rvlce such building In the City of Arroyo Grende Is Issued, shaJl pay to the City of Arroyo Grande such tax at the following rate: A. Residential dwelrlng unit. ;nc'udJng buildings upon mob' Jehcme lots: $400.00 8. Commerciai bulldrngs: $ .20 per sq. ft. C. A1terations to dwellings $ .30 per new sq. ft. '- ----- 1 i--.4 "'- A ., -. . . Section 3-3.504 Time of Payment and Refunds. The construction tax herein required to be paid shall be due and payable upon Issuance by the City of Arroyo Grande of a building permit for said construct1on or upon Issuance by the City of Arroyo Grande of 8 permit to connect to sewer end water lines to service a mob I le- home lot In a mobllehome park, and no such permit shall be Issued until said tax Is paid; provided, however, that there shall be a refund of such tax to the person who paid such In the event that the building permit or permit to connect to sewer and water lines to service 8 mobllehome lot in a mob11ehome park expires, If within thirty (30) days after the date of such expiration written application for such refund Is filed by the person who paid such tax setting forth In full the facts showing that such permit has expired. Section 3-3.505 Place of Payment. The construction tax herein shalt be >. paid to the Building Department of the City of Arroyo Grande and shall be trans- mitted thereby to the Finance Officer of the City of Arroyo Grande. Section 3-3.506 Exceptions. There are excepted from the construction tax herein the following: A. Construction of a residential dwelling unit which Is a replacement for a unit being removed from the same lot or parcel. Section 3-3.507 Use of Tax Revenue. All of the construction taxes collected pursuant to the provisions of this Article shall be placed In a fund which Is hereby created and established for such purpose and which shall be known as the Arroyo Grande City Construction Tax Fund. This fund shall be used and expended solely for the provision of such capital Improvements as provided for In the Capital Improvement Program of the City as amended from time to time. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance Is for any reason held to be Invalid or unconstitu- tional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of this City hereby declares that It would have adopted this Ordinance and each section, subsection, sentence, phrase or portion the-reof, regardless of the fact that anyone or more sections, subsections, elauses, phrases, or portions be declared Invalid or unconstitutional. SECTION 3. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. This Ordinance shall be In full force and effect thirty (30) days after Its passage, and within fifteen (15) days after its passage, It shall be published once, together with the names of the Council Members voting thereon, In the Five Cities Tlmes-Press-Recorder. On motion of Council Member de Leon, seconded by Councl1 Member Smith and on the following ro11 call vote, to wit: AYES: Council Members de Leon, Smith and Mayor Millis NOES: Council Member Pope ABSENT: Council Member Ga11agher the foregoing Ordinance was passed and adopted this 25th day of April, 1978. ATTEST: 4..4/ (;t. r:lLI (-'...~ ~-.l~ CITY CLERK I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Calfornla, do hereby certify that the foregoing Ordinance No. 178 C.S. Is a true, full end correct copy of said Ordinances passed and adopted by the City Council of the City of Arroyo Grande at . regul.r meeting of ,old Council held on the 25th day of April. 1978. WITNESS my hand and the Seal of the City of Arroyo Grande affixed thl, 26th day of April, 1978. 4uv ~ ~/ ~~ (SEAL) City Cler~ 0 the City 0 Ar 0 0 Grande -----.- ---~.- ..-