Ordinance 1688Ordinance No. 1688
AMENDING THE ALAMEDA
MUNICIPAL CODE BY ADDING
CHAPTER 13 TO TITLE III
THEREOF, CONSISTING OF. SECTIONS 3 -ffii THRO[.TGH 3 -1319, ES-.
TABLISHING .A TAX UPON CONSTRUCTION OF RESIDENTIAL
DWELLING UNITS AND PROVIDING FOR THE COLLECTION AND
USE OF SUCH TAX; AND REPEALING SECTIONS 11 -321
THROUGH 11 -3212 OF SAID CODE,
RELATING TO PARK AND RECREATIONAL LAND DEDICATION
REQUIREMENTS IN SUBDIVISIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ALAMEDA:
Section 1. Title III of the
Alameda Municipal Code is
hereby amended by adding
.Chapter 13, 'Article 1, Sections
3 -1311 through 3.1319 thereto, to
read as follows:
CHAPTER 13.
RESIDENTIA DW
UNIT TAXI
Article 1. Tax Impposed
Sec. 3-1311. Title. This
Chapter shall be known as the
"Residential Dwelling Unit Tax
Ordinance. bf. the City of
.Alameda." -
See. 3.1312. Definitions. As
used herein, unless the context
clearly indicates otherwise; the
terms:
(a) „ Person" includes every
person, association, firm,
corppooration, and business
entity constructing a dwell -
ing unit itself or through the
services or agency or any
emp loyee, servant, agent or
independent contractor;
(b) "Dwelling unit" includes
each single family dwellin ,
and each se arate hab-
tation' .unit . or a duplex,
apartment, condominium or
multiple ' dwelling structure
designated, or intended to be
used, as a separate habl-
tation for one or : more per
sons, although such unit is
a part of the same building
or structure.
"Dwelling unit" d o.e s
not include hotels. motels, boat-
els, convalescent homes,"
I itals, or like commercial and
institutional uses locat6d in
approved land zones. .
S e 0. 3.1313. Amounts
Payable. Every person con-
structing any new dwelling unit
In - the City shall pay a tax of
One Hundred Fifty Dollars
($150.00) for each such
dwellin unit.
Sec. 31314. Land Dedication
in Lieu of Payment of Money.
Upon a finding . that it is in
the public interest to do so, the
City Council may require any
person eonstructln any ye
dwelling unit in t e Cit to
dedicate, by a grant of the fee,
to the City real property
suitable f r public park and
recreational use, instead of
paying said tax in money as
provided in Section 3 -1313;
such real property shall be
filled and rough graded to the
satisfaction of the Cityy
Engineer .and shall have off -
site improvements_ consisting
of streets,-curbs, gutters and
utilities.
The City Codr!& eha have
the sole authority and discre-
tion to determine .whether to
accept any such real property,
and whether its size and
location are compatible with
such intended use. No - person
shall be required both to dedi-
cate real property and also to
pay said tax in money.
See.. 3-1315. Exception. This
Chapter shall not apply to
dwelling unit p rojects for
which Planned Development
land use maps or plans have
been submitted .to and ap-
proved. by the City if such maps
or g ans were in com
with regulations _ relating to
park :: and recreational land
dedication requirements in
effect at the time of such
submission and approval.
Sec.. 3-1316. When Payable.
Such tax shall become due and
shall be payable to the City
upon the issuance by the City
of a Building Permit for the
construction of any such dwell-
ing unit or units. in . the event
such Permit is not approved,
or not issued pursuant to such
application, or, if issued, not
used for such construction, the
amount of tax so collected
shall be refunded to the person
pa ing same, This section does
no authorize refund of plan
checkin or other fees required
by. the Xuilding Department in
connection with such appli-
cation.
Sec. 3- 131'7.: Tax a Revenue
Measure. The Cit�yy Council, in
enacting this C hapter, de.
clares that the amounts of
money 'required to be p a id
hereby are assessed pursu-
ant to the taxin powers of
the City and solely for the
purpose of producing reve-
nue, and are' not regulatory
permit fees.
'A' lameda C Ord Ordinance No. 1688
New Series
Sec. 3- 1318. . Use. of Tax
Money. All amounts .of moneyy
collected pursuant to Section 3-
1313 shall be deposited in a
Park and Recreation Fund and
used solely for: the purpose of
pproviding . ppark and recrea-
tional facilities,: including real
property within the City.
Sec. 3 -1319. Severability. If
any section» naraaranh. s4en-
tence, clause or phrase of this
Chapter is for any given reason
held to be invalid or neon-
stitutional by the decision of
any couur°r; oy coffi dent ju ltY.
diction such decision shall
not afhee6 he vZiddity 'of the
remaining portions thereof, it
being ex ressly declared by
the City. Council that it would
have enacted : this ordinance
and each section, paragraph,
sentence, clause or phrase
thereof, irrespective of the fact
that anyone or :more sections,
paragraphs, sentences, clauses
or:phrases;be declared invalid
or unconstitutional.
Section 2. This ordinance
provides for and fixes the: rate
of a tax levy and is a muni
cipal revenue Ineasure, and it
shall: be in full force and effeet
immediately upon Its final
passage.
Section 3. Sections 11 -321
through 11 -3212 of this Code,
consisting of Article 2, Chapter
3, Title �I, ado ted by rdi-
nance No. 1627 Rew Series, is
hereby, repealed._
TERRY LA CROIX. JR.
Presiding Officer
of the Couinseil
Attest:
ETHEL M. PITT
Deputy City. Clerk
I, the undersigned, hereby
certify that the foregoing Ordi-
1 and re ularl
Hance was duly
� y
adopted and passed y ; the
Council of the City of Alameda
In regular meetixi� assembled
on the 6th day. of March, 1973,
by the following vote. to wit:. .
AYES- Couficilmen F o r e
Levy, . Longaker. McCall and
President:L Croix, Jr., (5).
NOES[ None.
ABSENT:`None.
IT WITNESS WHEREOF, I
have hereunto set.my hand and
affixedrthe:officia.l seal,of'said
Cityy` _tfiia 7t off earth,
1973.
(SEAL) N1 PITT
Deputy City Clerk of
the City of . Alameda
No. 1023 =Publish March 9,1973