Chapter 3.28 — CONSTRUCTION FEES

The ordinance codified in this chapter shall be known as "Guadalupe Construction Fee Ordinance." (Ord. 167 §1, 1977)

The City Council declares that the fee required to be paid under this chapter is assessed pursuant to the taxing power of the City and solely for the purpose of producing revenue, and not for regulatory purposes. The continued increase in the development of buildings and dwelling units in the City, with the attendant increase in the population of the City, has created an urgent need for the acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the City, and the means of providing additional revenue with which to finance such park and recreation facilities. (Ord. 167 §2, 1977)

As used in this chapter:

"Building" means any structure having a roof constructed for the support, shelter or enclosure of persons, animals, chattels or property of any kind. A mobile home shall not be deemed a building.

"City" means the City of Guadalupe, California.

"Construct" means the putting together, assembling, erecting or altering of construction materials, components or modules into a structure, or portion of a structure. "Construct" also includes the moving and locating of a building, or portion thereof, onto a lot or parcel of land.

"Dwelling unit" means a building, or portion of a building, planned or designed for use as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit (e.g., a one-family dwelling, each unit in a two-family dwelling, and each unit in a multiple dwelling).

"Family" means an individual or 2 or more persons related by blood or marriage living together as a single housekeeping unit.

"Floor area" means the area of the several floors of a building included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, court, carports and garages. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be usable area under the horizontal project of the roof or floor above.

"Person" means every person, firm or corporation constructing a building, or portion thereof, directly or through the service of an employee, agent or independent contractor. (Ord. 167 §3, 1977)

A fee is hereby imposed by this chapter in amounts herein set forth upon every person who

constructs, or causes to be constructed, any building or portion thereof in the City, in which such person has an equity or title or other interest either as owner, lessee or otherwise, for which a building permit (by the City) is issued after the effective date of the ordinance codified in this chapter. (Ord. 167 §4, 1977)

The fee imposed under this chapter shall not apply to the following:

A. The City, the United States or any agency or instrumentality thereof, the State of California, or any county, city and county, district, or any political subdivision of the State, or any other governmental agency or nonprofit organization duly qualified as exempt by the federal and State taxing authorities;

B. Nothing in this chapter shall be construed as imposing a fee upon any person when imposition of such fee upon that person would be in violation of the Constitution of the United States or that of the State of California;

C. Enlargement, remodeling and/or alteration of a building, but only if the number of dwelling units therein is not increased and the number of square feet of floor area devoted to any use other than dwelling unit use is not increased. If the number of dwelling units in the building is increased, and/or the number of square feet in the building devoted to any use other than dwelling unit use is increased, then the fee imposed under this chapter shall apply to such increased number of dwelling units and/or such increased floor area;

D. Reconstruction of a building which was damaged or destroyed by earthquake, fire, flood or other cause over which the owner had no control (provided that compliance with any building code other than applicable law shall not be deemed a cause over which the owner had no control), but only if the number 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 use 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 fee imposed under this chapter shall apply to such increased number of dwelling units and/or increased floor area. (Ord. 167 §8, 1977; Ord. 85-251 §1)

The rates of the fee imposed by this chapter are as follows, and, in the event of a problem in the interpretation or construction of such fee to a particular application, the fee shall be determined by the City Clerk, whose finding shall be conclusive:

A. Each dwelling unit, including apartments and condominiums, but excluding hotel, motel and mobile home spaces: a fee per dwelling unit established by resolution of the City Council;

B. Each hotel and motel building: a fee per unit, including manager's quarters, established by resolution of the City Council;

C. Each industrial building: a fee per square foot of floor area established by resolution of the City Council;

D. Any building, or portion thereof, planned or designed for use for business, commercial or other service oriented buildings or portions thereof, or for any other use other than those described above: a fee per square foot of floor area established by resolution of the City Council. (Ord. 167 §5, 1977; Ord. 2013-414 §1)

Fees imposed under this chapter shall be paid to the City at the Office of the City Clerk, in the Guadalupe City Hall. (Ord. 167 §6, 1977)

The fee imposed by Section 3.28.040 of this chapter shall be due and payable upon issuance of the building permit for the construction of any such building or portion thereof. For all buildings or portions thereof, the fee shall be in addition to the fee required to be paid for the building permit, and no such building permit shall be issued until the fee is paid. Such fee shall be refunded only if the building permit for the construction of any such building, or portion thereof, has expired and no construction is commenced. (Ord. 167 §6, 1977)

There is hereby established a parks development fund. All of the sums collected pursuant to this chapter shall be deposited in the parks development fund, and shall be used solely for the acquisition, improvement, expansion and maintenance of public parks, playgrounds and/or recreation facilities. (Ord. 167 §9, 1977)