HomeMy WebLinkAbout2025-05-13; City Council; 07; Adoption of Ordinance No. CS-491 – Carlsbad Municipal Code Chapter 13.10, Section 13.10.080 – Sewer Benefit Area Fees A through MCA Review CKM
Meeting Date: May 13, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Faviola Medina, Director of Constituent & Clerk Services
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-491 – Carlsbad Municipal Code Chapter
13.10, Section 13.10.080 – Sewer Benefit Area Fees A through M.
Districts: All
Recommended Actions
Adopt Ordinance No. CS-491 amending Carlsbad Municipal Code Chapter 13.10, Section
13.10.080 – Sewer Benefit Area Fees A through M.
Executive Summary
The recommended action adopts Ordinance No. CS-491 amending Carlsbad Municipal Code
Chapter 13.10, Section 13.10.080 – Sewer Benefit Area Fees A through M.
The city has several sewer benefit areas in which users are charged a fee to connect to and use
the city’s sewer system. This item is to adopt an ordinance modifying the Carlsbad Municipal
Code so that the sewer benefit area fees may be adjusted by a resolution instead of an
ordinance. This would increase efficiencies and is in line with how sewer connection fees and
most other city fees are set.
No adjustments to the fees are proposed.
Explanation & Analysis
Ordinance No. CS-491 was introduced and first read at the City Council meeting held on
April 29, 2025. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
Acosta, the City Council voted 5/0 to introduce Ordinance No. CS-491 amending Carlsbad
Municipal Code Chapter 13.10, Section 13.10.080 – Sewer Benefit Area Fees A through M.
The proposed change is to remove the fee amounts and state that sewer benefit area fees will
be set by resolution, as authorized by California Health and Safety Code Section 5471, and
adjusted annually – effective September 1 – by the annual change to the Engineering News
Record Los Angeles Construction Cost Index. The fees and sewer benefit areas may also be
changed in accordance with an associated engineering report, which may be approved by a
resolution.
This second reading allows the City Council to adopt the ordinance.
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Fiscal Analysis
Amending Municipal Code Chapter 13.10, Section13.10.080 has no fiscal impact. Staff are not
proposing any changes to the fee amounts.
Next Steps
The City Clerk’s Office will have the ordinance, or a summary of the ordinance, published in a
newspaper of general circulation within 15 days following adoption of the ordinance. The
ordinance will be effective 30 days after its adoption.
Environmental Evaluation
The proposed action to amend the Carlsbad Municipal Code to allow for adjustment of sewer
benefit area fees by resolution is exempt from environmental review under the California
Environmental Quality Act Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen
with certainty that there is no possibility the proposed action may have a significant effect on
the environment.
Exhibits
1. Ordinance No. CS-491
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Exhibit 1 ORDINANCE NO. CS-491
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 13.10,
SECTION 13.10.080 – SEWER BENEFIT AREA FEES A THROUGH M
WHEREAS, on July 10, 2012, the City Council of the City of Carlsbad, California, amended
Carlsbad Municipal Code Chapter 13.10, Section 13.10.080 – Sewer Benefit Area Fees A Through M,
describing the fees for each area and the cost inflator; and
WHEREAS, Section 13.10.080 currently requires sewer benefit area fees to be set by ordinance;
and
WHEREAS, the California Health & Safety Code Section 5471 allows the fees to be adopted by
resolution; and
WHEREAS, the City Council has determined that additional revisions to the code are necessary
so the fees may be set via resolution similar to other city fees.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.That the above recitations are true and correct.
2.That the proposed action to amend the Carlsbad Municipal Code to allow for adjustment
of SBA fees by resolution is exempt from environmental review under the California
Environmental Quality Act, or CEQA, Guidelines Sections 15061(b)(3) and 15378(b)(5) as
it can be seen with certainty that there is no possibility the proposed action may have a
significant effect on the environment.
3.That the Carlsbad Municipal Code Chapter 13.10, Section 13.10.080 is amended to read
as follows:
Chapter 13.10
SEWER CONNECTION AND CAPACITY PERMITS AND FEES
Section 13.10.080 Sewer benefit area fees.
Except as provided, every person who wishes to use the city's sewer facilities in a sewer benefit area
shall pay to the city, prior to the issuance of a building permit, a sewer benefit area fee, which will be
set by resolution.
Sewer benefit area fees shall be adjusted annually effective September 1, by the annual change to
the Engineering News Record Los Angeles Construction Cost Index. The fees may be changed and
sewer benefit areas may be added or removed by resolution in accordance with an associated
engineering report.
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SEVERABILITY: If any portion of this ordinance, or its application to particular persons or
circumstances is held to be invalid or unconstitutional by a final decision of a court of competent
jurisdiction, the decision will not affect the validity of the remaining portions of this chapter to persons
or circumstances not similarly situated.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 29th
day of April, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 13th day of May, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
May 13, 2025 Item #7 Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
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