Ordinance 1224.: .. ..
• •
ORDINANCE NO. 1224
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING CHAPTER 3.32 OF THE
CITY'S ORDINANCE CODE INCREASING
THE CITY'S CONSTRUCTION TAX AND
MAKING OTHER TECHNICAL CHANGES
The City Council of the City of Cupertino hereby ordains`
as follows:
1. Amendments
A. Section .3.32.020 is hereby amended to read as
follows:
3.32.020 - Definitions
A. "Building" means any structure intended for the
shelter, housing or enclosure, or all, of any person,
animal or chattel. -
B. "Construct," as used in this chapter, means the
putting together, assembling, erection or altering of con-
struction materials, components or modules into a struc-
ture, or portion of a structure, and includes reconstruct-
ing, enlarging or altering any structure. "Construct"
also includes the moving and locating of a building, or
portion thereof, onto a lot or ?arcel of land, and also
includes the improvement of land as a mobilehome lot.
1
.. ,.. 1~:. a :_ ._. .. ~ c;u ,~~_u.. ..r ,~;rticu ct.~•c~.,: ii.;c:1 ~..-
~~lusieelj E~,r rusldential ~ccnp::nty bq une L:~:aiLy, with i.icLlitla:; for
llving and the cookin}; and/or preparation of food and shall includo a
mobile home or mobile home lot. Yndividual facilities designed for group
quarters shall be considered a "dwelling unit" irrespective of whether
each living uniC has facilities fpr cooking and/or preparation of food..
D. "Grass Building :Area" as used in this-chapter, means the area
of the several floors of a building included within the surrounding
exeerior walls of a building or portion thereof exclusive of non-commercial
parking garages. .Parking garages that. obtain their primary source of
income from the parking of vehicles for a fee shall be considered commercial
parking garages. Other types of garages shall 6e considered non-commercial.
Lht tiloor area of a building, or portion thereof, not provided with sur-
rounding exterior walls shall be the usable area under the horizontal
protection of the roof or floor above.
E. "Mobilehome," as used in this chapter means a vehicle, designed
and equipped .for human habitation. including but noe limited to travel:
trailers, camp cars, recreational vehicles, tent trailers, motor homes, etc.
F. ":Sobilehome lot," as used in this chapter, means any area or
portion of a lot designated, designed, or used for Che occupancy
o* one mobilehome on a temporary, semipermanent, or permanent basis.-
C "Pezson" as used in this chapter, means any domestic stoek company,
partnership of any kind, joint venture, club, Massachusett business
~>r common law trust, society or individual.
H. "Structure," as used in this chapter means anything constructed
•.~hi.:i: is supported directly or indirectly on the ground (at, above,
~?r below the surface of the Ground). (Urd. G03 (part), 1974).
.. _, ,i; ~-i ;~:i ~, , . ~~_... _ :: er.~l', "cu~:cs~rcial",
_,. ice", ~ ,,- _ri i1". '':~x,:1", '~aet1" and "yuani-;-ublic", hove the
.:.°_e nc::ni:~;^; ~,.. ar~: d,•iinc~i iu the General [tan and _~ning ordinances
of the City of Cupertino, as well as administrative interpretations
thereof.
B.- Section 3.32.Q40 is hereby amended to road as followao
3.32.040 Tax rates. The rates of the tax imposed are as
follows:
USE RASE TAX RATE
Residential/hiobilehomes/Mobile- $240.00 per dwelling unit.
'home lots
Industrial/office and $1.00 per square foot of
co,rmercial , quasi-public gross building area
1lotcl and motel $80.00 per room
Mixed use projects shall be assessed based upon the area devoted
to each use category outline above, as determined by the Chief Building
official of the City of Cupertino.
C. 3.32.045 is hereby added to .Chapter 3.32 to read as followaa
3.32.045 Periodic adjustments by virtue of changes in the
cost of construction. Each of the beae tax rates described in Section
3.32.040 of this chapter shall be adjusted by the Chief Building official
of the City of Cupertino, on a quarterly basis, up or down, by the
percentage change in the latest publication of the All Urban Consumers All
Items index published by the United States Department of Labor, Bureau
of Labor Statistics. From the effective date of this ordinance, the
First such adjustment shall occur on October 1, 1983 and thereafter
on [he first day of each quarter. thereafter. A current written listing
,, ~~.ich ~,f t!ie .i.l~u:,;.eil L-::: rdccti shah i7e ;:u pt pusC.•d in nt least two
~cb1L~ places in the City tia11 of the City of Cupertino.
3.3Z 050. The amount of tax imposed fur the construction of
any building, or portion thereof, shall be due and payable as follows:
1. Commercial, office, Lndustrial, quasi-public, hotel and motel
buildings prior to final inspection and issuance of a Certificate of
Occupancy..
2. Residential units (other than mobilahome lots) prior to final
inspection and issuance of a Certificate of Completion.
3. Mobilehome lots at the time a permit is issued to construct
and install electrical or plumbing equipment to service such mobilehome
lots (whichever permit is issued first); provided that there shall be a
refund of the tax in the event the permit expires or is revoked before
the facilities far which it is issued are constructed or installed.
D. Section 3.32.070 is hereby amended to read as follows:
3.32.070 Exceptions. a. Circumstances under which a full or
partial paymenC of the excise tax shall be exempted are listed as follows:
i. The construction of a residential dwelling unit which is a
replacement for a unit being removed from the same lot or parcel;
2. The construction of an addition to an existing residential
dwelling unit, provided that .the addition does not result in the creation
of an additional residential dwelling unit;
3. Any construction by the City of Cupertino, the United States
or any agency or instrumentality thereof, the State of California or atty
county, city and county, district or any political subdivision of the
;tats of California, orany other governmental agency;
v. Reconstruction of a building which was damaged or destroyed
;,:: earthquake, fire, flood, or other cause over wiicii the owner had no
~imu-o; (;.r.wided that ce-pli:.nce with any buildin; oodc ar other ordinance
rc:_.;irc;::..nc .~P the ~i;.;: or of ,,ny other applicable isw sh.ilt not uc
..~.._acd a cause over •.+i:icii the owner has ao control), but only if the
a:~;:ber of dwelling units in .the building is not increased and the number
of square feet in the building devoted to any use other than dwelling
unit is not increased. If the number of dwelling units in the building
and/or the number of square feet in the .building devoted to any use other
than dwelling unit use is increased, then the tax imposed under Chia chapter
shall apply to such increased number of dwellings and/or such increased
floor area.
5. The construction of any Below Market Rate Residential dwelling
unit as defined by the General Plan of the City of Cupertino.
6. The construction of any residential rental dwelling unit
,ievelupment Eor handicapped persons as defined by the General Plan of
the City of Cupertino.
1. The construction of meeting or convention rooms in association
with the construction of hotel/motel facilities.
B. Nothing in this chapter shall be construed as imposing a tax
upon any person when imposition of such tax upon that person would be
in violation of the Constitution of the United States or that of the
SCaCe of California. {Ord. 603 (part), 1974).
E. Section 3.32.080 is hereby amended to .read as follows:
3.32.080 Use of tax revenues. All of the construction taxes
~_ullected pursuant to the provisions of this chapter, including all construc-
tion taxes collected under pcevious ordinances, shall be placed in the
eueral fund of the City of Cupertino to be used foe the usual and current
~>:~ enses of the city.
.. Seccian 3.3'2.100 is hereby amended to read as follows:
.i. 32.100 Effective date. The ordinance codified in this
e'napter shall he effective and operative i~nediately upon adoption.
i . _~ c, , ,. „i -.. !~i ,,n, t :..~:l i~~n ., i^:pu~~-1 iw the . ~~u7~icauC
i,.il a~ :,pal.ied to .,~ tiw:;~• per5uns ;-pplying t:or Iwiluinl; pernits afeer
' 'Lri ~6, 1983. (Sectiun 36937 (d7 Government Code)
This ordinance Was introduced at a regular meeting of the City
Council of the City of Cupertino on May 25. 1983 and adopted
uy tae following vote as an ordinance of the City of Cupertino at o
regular meeting of the City Council on ,Tune 6. 1983
Vote Members of the. City Council
AYES: Johnson, Plungy, Rogers, 'Sparks, Catto
Sc)ES: None
ABSENT: None
ABSTAIN: None
APPROVED:
y r, y of Cuper
ATTEST:
City Clerk
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