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ORD 014 ORDINANCE NO. 14 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 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section i. 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 finds 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 gauge 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 300 per square foot of gross building area for new industrial and commercial buildings. Sec. 6704 . Determination and payment 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 . Payment required before occupancy. 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. PASSED, APPROVED, AND ADOPTED, THIS 22nd day of January, 1974 . AYES: COUNCILMEN: Buerk, Dada, Ruth, R. Ryan and M. Ryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ATTES : AYOR 1/31 IL° A f CITY CLERK -2- Ord. No. 14 . I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 14 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 1 by /1c, _, ' Deputy - 3 - Ord. No. 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. AFFIDAVIT 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 qualified and acting Deputy City Clerk of the City of Rancho Palos Verdes, California Than on the day of - 19 - she caused to be posted in three conspicuous places, .s required b,; law, ` © , a copy of which is attached hereto in the following public places in t is City: 1 . City Hall 31244 Palos Verdes Drive West, Palos Verdes Peninsula, Calif. 90274 (Suite 205) 2. 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, of Rancho Palos Verdes, Calif. fiY City , By , Deputy City C erk