HomeMy WebLinkAbout2025-05-13; City Council; 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 AR...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.
May 13, 2025 Item #7 Page 3 of 4
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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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