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Home My WebLink AboutCC Ord 827 1970-12-21 , , I I I . .. '. . , '.' ..' , , AGENDA ITEM :I~:-.l ORDINANCE NO. fu- AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, IMPOSING AN ENVIRONMENTAL RESERVE TAX, AND PROVIDING FOR THE COLLECTION THEREOF, AND ESTABLISlIING AN ENVIRONMENTAL RESERVE FUND, AND PROVIDING FOR EX- PENDITURES THEREFROM, EITHER ALONE OR JOINTLY WITH OTHER PUBLIC ENTITIES, TO MEET AND COPE WITH ENVIRON- ~IENTAL PROBLEMS OF THE CITY OF SEAL BEACH OR OF ANY PORTION THEREOF. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City Council of the City of Seal Beach hereby finds and determines that the development and construction of new residential living units within the City ereates an immediate and present danger to the existing quality of life and eeology of the City, and threatens to contaminate and pollute the air, water and land within and surrounding the City, and threatens to burden and overtax existing public faci]ties of the City which provide public services, police and fire protection, public utilities, water, and the treatment and disposal of sanitary sewage, which thus pose a direct threat and danger to the health, safety and general welfare of the City and its inhabitants, and their environment. The City Council further finds and determines that the imposition and collection of a special, non-recurring tax upon the occupancy and construction of new residential Dwelling Units within the City is the most practical and equitable method of providing revenues with which the City may meet and deal with and solve the serious ecological and environmental problems created by the occupancy and construetion of such new residential Dwelling Units within the City. Section 2. Definitions. For the purpose of this Article, the words defined in this section shall have the meanings assigned to them. DWELLING UNIT. The term "Dwelling Unit" shall mean and include any dwelling designed for human oceupancy, which has one or more rooms, with or without a kitchen or cooking facilities, exeept a "Hot~l" as defined in section 22-24 of the Seal Beach City Code. . CONFORMING DWELLING UNIT. The term "Conforming Dwelling Unit" shall mean any dwelling unit situated within an R-I zone of the City and having a minimum floor area of at least 1200 square feet, and any such dwelling unit situated within an R-2 zone and having a floor area of at least 1000 square feet and any such dwelling unit within an R-3 or an R-4 zone and haVing a floor" area of at least 700 square feet. NON-CONFORMING DWELLING UNIT. The term "Non-Conforming Dwelling Unit" shall mean any dwelling unit situated within an R-1 zone of the City and having a floor area of less than 1200 square feet, and any such dwelling situated within an R-2 zone and having a floor area less than 1000 square feet, and any such dwelling unit within an R-3 or an R-4 zone and having a floor area of less than 700 square feet. Section 3. Imposition of Environmental Reserve Tax. An Environmental Reserve Tax is hereby imposed upon the oceupancy and construe- tion of each new Dwelling Unit within the City. Section 4. Rates of Environmental Reserve Tax. The rates of the Environmental Reserve Tax hereby imposed are as follows: .....: I. I I . , , Ordinance Number . . ." . . (a) 15~ per square foot for each square foot of floor area within each Conforming Dwelling Unit located on any of the first three floors of any building so occupied or constructed within the City. (b) 35~ per square foot for each square foot of floor area within each Non-Conforming Dwelling Unit located on any of the first three floors of any building so oceupied or constructed within the City. Section 5. Determination and Payment of Tax. The amount of tax due hereunder shall be determined prior to the issuance of any Occupancy Permit for any Dwelling Unit subject to said tax, and the full amount of the tax shall be due and payable to the City of Seal Beach concur- rently with any application for an Occupancy Permit for such Dwelling Unit or Units, If such tax is not fully paid on or before the date any such Oc- cupancy Permit is issued, the tax or the amount thereof not paid shall there- upon become delinquent. Section 6. Delinquency, Penalty, Interest. There shall be added to the tax for any such Dwelling Unit, or so mueh of the tax as becomes delinquent, a penalty of twenty-five (25%) per cent which shall thereupon become payable in the same manner as the tax. The tax and penalty shall bear interest at the rate of fifty-eight one-hundredths of one per cent per month until paid. Section 7. Collection. The Director of Finance shall collect the tax and any penalty and interest due hereunder. The full amount due under this Article shall constitute a debt to the City. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause. Section 8. Payment Required Before Occupa~. No Oeeupancy Permit shall be issued for, and no person shall occupy or offer for occupancy, any Dwelling Unit in the City unless the tax and any penalty or interest imposed upon the occupancy and construction thereof by this Article has been paid. " , , , .... " Section 9. Refunds. ': Any tax, penalty or interest paid to the City under this Article for any Dwel- ling Unit which is not constructed shall be refunded upon application of the taxpayer and a showing to the satisfaction of the Director of Finance that the Dwelling Unit has not been constructed or construction commenced and that the building permit issued for such Dwelling Unit has been cancelled or surrendered or otherwise does not authorize the eonstruction of such Dwelling Unit. Section 10. Disposition of Proceeds; Creation of Environmental Reserve Fund. All proceeds from the tax, penalty and interest eollected under this Article shall be paid into a special capital outlays fund of the City to provide open space, improve the quality of life and the ecology of the City, or of any dis- stressed or environmentally endangered portion thereof, and to fight pollution and contamination of the air, water and land within and surrounding the City, to be entitled the "Environmental Reserve Fund," which fund is hereby created. Said fund shall be used only for the purposes of purchasing land, constructing buildings and improvements, and purchasing machinery, equipment and other capital type facilities with which the City may develop, improve, and expand public parks, public services, police and fire protection, public utilities, water, and the treatment and disposal of sanitary sewage. In expending said Fund for said pur- poses, the City may act alone or may exercise its powers jointly with any other public entity to accomplish any of the foregoing purposes for the benefit of the whole, or any portion, of the City of Seal Beach. Section 11. Severability. If any seetion, subsection, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court - 2 - , . ", , Ordinance '!!'urttber ' . '. I " .' I of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this Ordinanee and each section, subseetion, sentence, clause, phrase, or portion thereof, er- respective of the fact that anyone or more section, subsection, sentence, clause, phrase or portion be declared invalid or unconstitutional. Section 12. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Couneil and shall cause the same to be posted as required by law. PASSED, APPROVED, AIm ADOPTED by the City Council of t9" City of Seal Beach at a regular meeting thereof held on the .:?/ day of t!J!La-,....b-,v ,l~. ATTEST: ~~J-d4' S WE ,City Clerk I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SEAL BEACH I, JERDYS WEIR, City Clerk of the City of Seal Beach, do hereby certify to the passage and adoption of the foregoing Or~nance by the City Council at a meeting thereof held on the~1 day of ;{Ji....u~nd.e-v ,1~d, by the following vote: ~ _ .;1 AYES: councilme~....._, ~a-..~.",. ~, ~ ~.-4_ NOES: Councilmen ~~ / Councilmen ~;>-<..e-- ~ ABSENT: I JERDVS WE1rt r.,rv (';1.';:Rl< (IF THE C'TY O~ SEAL B'F.'r~: D'i !""r"'-v r'---'r:-.' Tl"'" it:"' I"("IR,~G .t\ I a.'....._ '1') T O"'D'''Af''''~ ''": -. .," ,........ "I~'."l f"'l,""r. . . .. 1\" " . . "CE AND \'I^S -"'-T") ..,.. ","., ",' 1'0 ":'DH:',I\ . I '.,.Iv : : ..~.........,... ~,.. / 121-: '-'0'" Tl'j'E J,(J . DAY Oc~t:~sN.." '?7 -" .~~ ''':..'~'' r L..,...-V~ .... ~ ......, CITY. CLEM --7;--..c;.:~---.. ~. - 3 -