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ORDINANCE NO._6y-40
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, PROVIDING FOR THE CREATION OF A CAPITAL 0t]TLAY
PARK AND RECREATION FUND; PROVIDING FOR THE PAYMENT OF
FEES IN CONNECTION WITH CONSTRUCTION; TO OBTAIN MONIES FOR
SAID FUND; CREATING CERTAIN EXCEPTIONS and PROVIDING FOR THE
USE OF SAID FUNDS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and declares that the
development of housing in the City of Costa Mesa has greatly
accelerated over the development of park and recreational
facilities to serve the families occupying said housing to the end
that park acquisition and development is lagging behind said
housing increase to an extent which will, if allowed to continue,
be a detriment to the health, safety and welfare of the citizens
of the City of Costa Mesa.
The City Council further finds and decld'rs that a raise in
the ad valorum tax does not necessarily properly apportion the
burden of said tax in the areas where the benefits are to be
derived and that the creation of a capital outlay fund to be
provided for by monies from residential construction is a more
equitable way to provide for the acquisition and development of
parks for the city recreational program.
The City Council further finds and declares that certain
exemptions should be provided for to equalize the burden as
between sub -divisions and other residential developments and;
The City Council further finds and declares that the fees
required to be paid hereby are assessed pursuant to the tax power
of the city and solely for the purposes of producing revenue.
The City Council finally finds and declares that the
creation of a capital outlay fund and the payment of certain
fees in connection with the application for building permits is
the fairest and most equitable way to obtain funds for acquisition
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of park sites, development of park sites and for the citywide
program.
Accordingly, there is hereby added to the Land Use ordinance
Division XXI which shall read as follows:
CHAPTER IX
ARTICLE 2
CAPITAL OUTLAY PARK AND RECREATION FUND
Sec. 92103.1, There is hereby created a Capital Outlay Park
and Recreation Fund which shall be used solely for the acquisition
and improvement, including expansion of public parks and play-
grounds and recreational facilities, and shall be expended only
within the limits prescribed by the Park and Recreation Develop-
ment Plan as approved and adopted by the City Council after
consideration by the Planning Commission.
Sec. 92103.2. Definitions.
(1) As herein used the term "person" includes every person,
firm or corporation constructing a new dwelling unit either
as owner -builder or through the services of employees, agents
or independent contractors.
(2) As herein used the term "dwelling unit" is as set forth
in Section 9220.13 of the Land Use ordinance.
(3) As used herein the term "bedroom" shall include any
room normally used for sleeping purposes excluding dining room,
living room, kitchen and baths, whether designated as a bedroom
or as a den, study, library or other similar term. In the event
a unit is designated as a batchelor unit or other similar term
the fee should be computed on the basis of one bedroom units.
Sec. 92103.3. Fees.
Every person constructing any new dwelling unit in the City
of Costa Mesa should be charged the following fee as a part of
the building permit fee as provided for in Chapter VIII, Aftidle
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(a) The sum of $25.00 per dwelling unit containing not more
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than one bedroom and the sum of $15.00 for each additional
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bedroom provided, however, that in no event shall,a total
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fee exceed $75.00 on any dwelling unit.
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(b) Said sum is to be paid into the capital outlay park
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and recreational fund as herein created and be expended only
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for the purposes as set forth herein.
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Section 92103.4: Exceptions.
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Excepted from the payment of the fees as provided for here
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shall be:
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(a) Any dwelling unit included in a sub -division where
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sub -divider has either dedicated land or paid fees for park
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and recreational purposes as provided for in Chapter IX,
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Article, Section 9150 through 9160.
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(b) Any building permit for the purposes limited to
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remodeling of any dwelling unit.
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Section 92103.5. Payment Schedule
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The fee as set forth herein shall be payable upon applicatioi
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for a building permit for dwelling unit as provided for herein
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and refund in full of such fee shall be made in the event that
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the building permit shall not be approved or construction shall
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not take place.
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SECTION 2. If any section, subsection, sentence, clause,
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phrase or portion of this ordinance is for any reason held to be
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invalid or unconstitutional by the decision of any Court of
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compentent jurisdiction, such decision shall not affect the
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validity of the remaining portions of this ordinance. The City
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Council of this City hereby declares that it would have adopted
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this ordinance and each section, subsection, sentence, clause,
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phrase or portion thereof, irrespective of the fact that any one
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or more sections, subsections, clauses, phrases or portions of
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be declared invalid or unconstitutional.
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SECTION 3, This ordinance shall take effect and be in full
force thirty days from and after its passage and prior to
the expiration of fifteen days from its passage shall be
published once in the Orange Coast Daily Pilot, a newspaper of
genreal 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 je� dayof 1969.
ATTEST:
City Clerk of the City of May or of /the City of dosta
osta esa ® Mesa.
STATE OF CALIFORNIA )
COUNTY OF ORANGE.
CITY OF OOSTA MESA )
I, C. K. PRIEST, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above
and foregoing Ordinance No. 69,20 was introduced and considered
section by secticj2, at a regular meeting of said City Council on
the day of 1 1969, and thereafter passed and adopted
as a whole at a re ular meeting of said City Council held on the
.7^A day of , 1969 ,by the following roll call vote:
AYES: WdSdn, Tucker, St. Okli Jordon, Pineleq
NOES: Name, J �
ABSENT: NOnf.
IN WITNESS HEREOF, I have hereunto set my R
an affixed
the Seal of the City of Costa Mesa, this ,3AA- d ,196
and ex -officio clerk of the City Cot
0
0 y
Sfl
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
1 am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
nor a party to or interested in the below entitled matter. I
am rhe Legal Advert is Ing Manager
of the ORANGE COAST DAILY PILOT, a newspaper of gen-
eral circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
-, . City Ordinance .lumber 69-20
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper September 4,1969
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on September 4 ly 69
at Costo Mesa, California. q
-'I.JiL�j
F naN,e)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No. 69-20 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 18th__
day of August , 19_42, and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the 2nd day of geptemher 1942_, by the
following roll -call vote:
AYES: COUNCILMEN - Wilson, St. Clair, Tucker, Jordan, Pinkley
NOES: COUNCILMEN . None
ABSENT: COUNCILMEN -
I FURTHER CERTIFY that said Ordinance No. 69-20 was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
4th day of sep temher , 19-62.
City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa
CITY
DOES
x and