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HomeMy WebLinkAbout135 - Subdivision License Fee (Amends Ord. 25, and 46)ORDINANCE NO. 135 AN ORDINANCE OF THE CITZ OF COSTA MESA, CALIFORNIA, ADDING JW4 S WTIONS TO ORDINANCE NO. 25 TO REVIR E A BUSINESS LICENSE FEE FOR SUBDI9IDINi3 REAL PROPERTY WITH0 THE CITY OF COSTA MESA, AND AMENDING ORDIW-410E NO. 46 OF THE CITY OF COSTA MESA WH0EAS, the business of subdividing real property differs in mart' respects from other types of business generally conducted within the City, in that no single location is a continuous business but rather a short term venture, pro- ductive of large profits, so that any license tax to be imposed upon such business must, to be equitable, be imposed as a single fee rather than a continued one, and must be computed on a per lot basis; and iffOREAS, residential subdivisions place a financial burden upon the City and result in present population of the City paying for the services rendered to new residential subdivisions, since residential subdivisions do not pay for their own necessary services, and this is particularly true as to fire protection, parks and recreation used by the occupants of such subdivision; as follows: NOV.. THMWORE,, the City Council of the City of Costa Mesa does ordain SECTION 1. That a new section to be numbered "SECTION 8," be added to ARTICLE IX of ORDINANCE NO. 25, in words and figurea as follower "SECTION 8. RESIDENTIAL SUBDIVISIONS. On subdivisions of land for residential occupancy, rega-*dless of the number of lots into which the land is divided, the business license fee is based upon the number of such lots, to partially cover the capital outlay for parka and recreation and fire protection at a per lot rate of Fifty Dollars ($50.00)." SECTION 2. A new section to be numbered "SECTION 9," is hereby added to ARTICLE IX of ORDINANCE NO. 25, in words and figures as follows: "SECTION 9. BUSINESS LICENSE FEE PAY11M. No final map shall be approv- ed until the business license fee for each of the residential lots in said subdi- vision has been paid to the City of Costa Mesa, as provided for in Section 8 above." SECTION 3. SECTION 2.1 of ARTICLE VII of ORDINANCE N0. 46 of the City of Costa Mesa is hereby amended to read as follows: - 1 - S... "SECTION 2.1. FEE PER LOT. A basiness license fee shall be paid to the City, as provided in Ordinance No. 25 of the City of Costa Mesa." SECTION 4. ADOPTION. This Ordinance shall take effect and be in force thirty (30) dWs from and after its passage and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe Herald, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same, PASSED AND ADOPTED this 23rd day of Jnly, 1956. A23RSTt Leric or -Costa Mesa STATE OF CALIFORNIA) COUNT? OF ORALE ) SS CITY OF COSTA MESA ) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council, City of Costa Mesa, do hereby certify that at an adjourned regular nieetirk; of the City Cooncil of the City of Costa Mesa, held on the 23rd daps of July, 1956, the foregoing Ordinance was considered section by section and that said Ordinance was then passed and adopted as a whole by the following roll call vote, to -wit: AYES: Councilmen Martin,-Pinkley, Smith, Nelson, Meyers NOESI Councilmen - None ABSENT: Councilmen - None 14HEREOF I have hereunto set my hand and affixed the official seal of the City of-l:ftta Mesa this 24th da* of July, 1956. City MR and ex-officy Clerko the City Council of the City of Costa Mesa - 2 ORDINANCE NO. 135 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFOR. NIA, ADDING NEW SECTIONS TO ORDINANCE NO. 25 TO RE- QUIRE A BUSINESS LICENSE FEE FOR SUBDIVIDING REAL PROPERTY W I T H I N THE CITY OF COSTA MESA, AND AMENDING ORDINANCE NO. 46 OF THE CITY OF COSTA MESA WHEREAS, the business of sub- dividing real property differs in many respects from other types of business generally conducted with- in the City, in that no single loca- tion is a continuous business but rather a short term venture, pro- ductive of large profits, so that any license tax to be imposed upon such business must, to be equit- able, be imposed as a single fee rather than a continued one, and must be computed on a per lot basis; and WHEREAS, residential subdi- visions place a financial burden upon the City and result in present population of the City paying for the services rendered to new resi- dential subdivisions, since residen- tial subdivisions do not pay for their own necessary services, and this is particularly true as to fire protection, parks and recrea- tion used by the occupants of such subdivision; NOW, THEREFORE, the City Council of the City of Costa Mesa does ordain as follows: SECTION 1. That a new sec- tion to be numbered "SECTION 8," be added to ARTICLE IX of ORDINANCE NO. 25, in words and figures as follows: "SECTION 8. RESIDENTIAL SUBDIVISIONS. On subdivisions of land for residential occupancy, re- gardless of the number of lots into which the land is divided, the busi- ness license fee is based upon the number of such lots, to partially cover the capital outlay for parks and recreation and fire protection at a per lot rate of Fifty Dollars (;50.00)." SECTION 2. A new section to be numbered "SECTION 9," is hereby added to ARTICLE IX of ORDINANCE NO. 25, in words and figures as follows: "SECTION 9. BUSINESS LI- CENSE FEE PAYMENT. No fin- al map shall be approved until the business license fee for each of the residential lots in said subdi- vision has been paid to the City of Costa Mesa, as provided for in Section 8 above." SECTION 3. SECTION 2.1 of ARTICLE VII of ORDINANCE NO. 46 of the City of Costa Mesa is hereby amended to read as fol- lows: "SECTION 2.1 FEE PER LOT. A business license fee shall be paid to the City, as provided in Ordinance No. 25 of the City of Costa Mesa." SECTION 4. ADOPTION. This Ordinance shall take effect and be in force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe Herald, a newspaper of gen- eral circulation, printed and pub- lished in the City of Costa Mesa, together with the names of the members of the City Council vot- ing for and against the same. PASSED AND ADOPTED this 23rd day of July, 1955. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. SWARTZ, City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE) I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do here- by certify that at an adjourned regular meeting of the City Coun- cil of the City of Costa Mesa, held on the 23rd day of July, 1956, the foregoing Ordinance No. 135 was considered section by section and that said Ordinance was then passed and adopted as a whole by the following roll call vote, to -wit: AYES: COUNCILMEN Martin, Pinkley, Smith, Nelson, Meyers. NOES: COUNCILMEN None ABSENT: COUNCILMEN None I do further certify that at a regular meeting of the City Coun- cil of the City of Costa Mesa, held on the 4th day of February, 1957, the foregoing Ordinance No. 135 was ratified, confirmed and re- adopted by the following roll call vote, to -wit: AYES: COUNCILMEN Martin, Pinkley, Smith, Meyers, Nelson NOES: COUNCILMEN None ABSENT: COUNCILMEN None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 5th day of Feb- ruary, 1957. A. C. SWARTZ City Clerk and ex -officio Clerk of the City Council of the City Pub. Costa Mesa Globe Herald, Feb. 8, 1957, Costa Mesa, Calif. A-91