ORD 014U ORDINANCE NO. 14U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
TAXING THE CONSTRUCTION AND OCCUPANCY OF RESIDEN-
TIAL DWELLING UNITS, COMMERCIAL AND INDUSTRIAL
BUILDINGS, ESTABLISHING AN ENVIRONMENTAL EXCISE
TAX FUND AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY
ORDAIN AS FOLLOWS :
Section 1. Article VI of the Rancho Palos Verdes Muni-
cipal Code is hereby amended by adding a Chapter 7 to read as
follows :
Chapter 7. Environmental Excise Tax.
Sec. 6700. Findings. The City Council of the City of
Rancho Palos Verdes hereby rinds and determines that the develop-
ment and construction of new residential living units and of new
commercial or industrial structures within the City creates an
immediate and present danger to the existing quality of life and
ecology 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 facilities of the City which
provide public services, police and fire protection, public utili-
ties , water, and 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 environ-
ment. The City Council further finds and determines that the impo-
sition and collection of a special, non-recurring tax upon the
occupancy and construction of new residential dwelling units and
of new commercial and industrial buildings 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 eco-
logical and environmental problems created by the occupancy and
construction of such facilities within the City. Further, the
City Council finds that the number of bedrooms in a dwelling unit
tends to be reasonably proportionate to the impact that the occu-
pation of said unit will have on the environment of the City and
on the quantity of municipal service required of the dwelling
unit, and that the gross area of commercial or industrial build-
ings is a reasonable guage of the impact of such buildings .
Sec. 6701. Definitions. For the purpose of this arti-
cle, the words defined in this section shall have the meaning
assigned to them.
DWELLING UNIT. "Dwelling Unit" means and includes any dwelling
designed for human occupancy, which has one or more rooms , with
or without a kitchen or cooking facilities, except a "hotel" as
defined in Section 139 . 2 of the Los Angeles County Zoning Ordi-
nance No. 1494.
BEDROOM. "Bedroom" means and includes any room in a dwelling
unit which is determined by the City Engineer to be intended,
designed or constructed so as to be suitable for use as a room
to accommodate the sleeping needs of a resident or guest of a
dwelling unit.
Sec. 6702. Imposition. An environmental excise tax
is hereby imposed upon the occupancy and construction of each
new dwelling unit and each new commercial and industrial build-
ing within the City.
Sec. 6703. Rates. The rate of the environmental excise
tax hereby imposed is $500. 00 per bedroom, to a maximum of $1,000 .00
per dwelling unit for residential buildings and 30 per square foot
of gross building area for new industrial and commercial buildings.
Sec. 6704. Determination and .ayment of tax. The
amount of tax due hereunder shall be determined either at the
time of the issuance of the building permit for the building or
at the time of the issuance of any certificate of occupancy for
any dwelling unit requiring a certificate of occupancy, and the
full amount of the tax shall be due and payable to the City of
Rancho Palos Verdes prior to the occupancy of such dwelling
unit or units, or industrial or commercial buildings.
Sec. 6705. Collection. The City Engineer or his
designee shall collect the tax 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.
Sec. 6706. Pa ment re•uired before occu.anc . No
certificate of occupancy shall be issued for, and no person
shall occupy or offer for occupancy, any new dwelling unit or
new commercial or industrial building in the City unless the
tax imposed upon the occupancy and construction thereof by this
Chapter has been paid.
Sec. 6707. Disposition of proceeds ; creation of environ-
mental excise fund. All proceeds from the tax collected under
this article shall be paid into a special fund of the City to
provide open space, improve the quality of life and the ecology
of the City, or of any distressed 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 excise tax fund, " which fund is
hereby created. Said fund shall be used for the purposes of
purchasing land, constructing buildings and improvements , and
purchasing machinery, equipment and other capital type facili-
ties with which the City may develop, improve, and expand pub-
lic parks, public services , police and fire protection, public
utilities , water, and the treatment and disposal of sanitary
sewage. In expending said fund for said purposes , the City may
act alone or may exercise its powers jointly with any other pub-
lic entity to accomplish any of the foregoing purposes for the
benefit of the whole, or any portion, of the City of Rancho
Palos Verdes.
Sec. 6708. Appeal. Any person may appeal any determi-
nation of the County Engineer involved in the administration or
application of this chapter to the City Manager, and if not sat-
isfied with his decision (to be rendered within 15 days of the
filing of the appeal) to the City Council.
Section 2 . The City of Rancho Palos Verdes has
recently become incorporated on September 7 , 1973. Numerous
dwelling units and commercial and industrial buildings are
presently under construction or construction thereof is imminent.
The immediate imposition of the tax herein provided for is
essential to the preservation of the public peace, health,
safety and welfare by reason of the above facts and the fact
that the quality of life, environment and ecology within the City
will be adversely affected, pollution of air and water will
increase and the public facilities of the City will be overburdened
without provision of revenues to alleviate such effects. The City
- 2 - Ord. No. 14U
has not yet been able to complete a general plan and accordingly
at present is unable to utilize the provisions of the Quimby Act.
This ordinance is therefore an urgency ordinance necessary for
the immediate preservation of the public peace, health , safety
and welfare and shall take effect immediately.
PASSED, APPROVED, AND ADOPTED, THIS 22nd day of
January, 1974.
AYES: COUNCILMEN: Buerk Dyda, Ruth R. Ryan and
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NOES: None
ABSENT: None
YOR
ATTEST:
L0LL
CITY CLERK
I HEREBY CERTIFY that the foregoing is a true and
correct copy of Ordinance No. 14U passed and adopted by the
City Council of the City of Rancho Palos Verdes at a meeting
thereof held on the 22nd day of January, 1974, and that said
ordinance was posted pursuant to law.
LEONARD G. WOOD, City Clerk and
Ex Officio Clerk of the Council
by .,3 ,t
Deputy
- 3 - Ord. No. 14U
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss FFI DAVI T OF POSTING
CITY OF RANCHO PALOS VERDES
The undersigned, being first duly sworn, deposes and says:
That at all time herein mentioned, he/she was and now is the duly qual if ied
and acting Deputy City Clerk of the City of Rancho Palos Verdes, California:
That on the day of , 19 /she
caused to be posted in three conspicuous pi ac , as require y law,
, a copy of which is attached hereto in the following
� Py n9
public places in this City:
1 ' City Hail
31244 Palos Verdes Drive West,
Palos Verdes Peninsula, Calif. 90274
' (Suite 205)
Los Angeles County Fire Department, Miraleste Station
4000 Miraleste Plaza
Miraleste, California
3. Ridgecrest I ntermedicate School
28915 Northbay Road
Palos Verdes Peninsula, California
I certify under penalty of perjury that the foregoing is a true and correct
affidavit of posting. ,
City Clerk, City of Rancho Palos Verdes, Cat i f
. r
By: 044,4
Deputy City Clerk