HomeMy WebLinkAbout1980-09-16; City Council; 9560; CMC 20.09 adds - Drainage fees-
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ORDINANCE NO. 9560
AN ORDINANCE OF THE CITr COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING
BY THE ADDITION OF CHAPTER 20.09 FOR DRAINAGE FEES I
TITLE 20 OF THE CARLSBA~ MUNICIPAL CODE
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The City Council of the City of Carllsbad, California, does ordain
as follows:
SECTION 1 : That Title 20 of the Cdrlsbad Municipal Code is amended
by the addition of Chapter 20.09 to read aS follows:
"CHAPTER 20.09
DRAINAGE FEES
Sections :
20.09.01 0 20.09.020 20.09.030 20.09.040 20.09.050 20.09.060 20.09.070 20.09.080 20.09.090 20.09.100
Drainage Areas Established P1 anned Local Drainage Faci 1 i ties Estimated Costs Drainage Fees Establ istiied Payment of Drainage Fees Credit for Previous Payment or Construction Adjustment of Fees ! Use of Drainage Fees Reimbursement Agreements Appl icabi 1 i ty
20.09.010 Drainage Areas Established. Planned local drainage areas or PLD areas for the City are hereby estabyished, which cover the entire drainage area of the City as adopted by the City Council. are depicted upon plates 1 through 4 inclukied in that certain "Master Drainage Plan for the City of Carlsbad," dated March 17, 1980, prepared by VTN, and adopted by resolution of the City Council and any amendments thereto, a copy of which plan is on file in the Office of the City Clerk.
Said PLD areas
20.09.020 Planned Local drainage^ Facilities. The City Council
hereby finds that the subdivision of land ,within the meaning of the Sub-
division Map Act will require the construc~tion of those drainage facilities described in said drainage master plan. Said facilities shall hereinafter be referred to as planned local drainage facilities or PLDF.
Council further finds that all properties within each of said planned local drainage areas will be benefited by construction of the local drainage facil- ities proposedfor each of said areas.
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The City
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20.09.030 Estimated Costs. The City Council also finds that the total costs estimated in 1980 f or all PLDF lwithin each said PLD area are
as follows: I
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PLD Area: 1 2 3 4 5 6 7 8 9 10 11 12 13
$1,424,642 380,742 188,852 375,222 418,830 44,160 71 4,702 232,806 3,765,107 184 , 782 2,988,522 3,044,140 681,236
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It further finds that if such cosps were apportioned uniformly on
a per acre basis, the prorata share in each local drainage area would be as follows: I
PLD Area: 1 2
3 4 5 6 7 8 9
10 11 12 13
$ 6,h31 2,069 3,046 1 ,1349 2,126 160 1,818 1,562 2,302 957 1,304 3,556 2,286
20.09.040 Drainage Fees Established: Pursuant to Section 66483 of the Subdivision Map Act, the following drainage fees shall be paid per acre for subdivisions within the local drainage areas established herein for purposes of defraying the costs of PLDF for the removal of surfaces and storm waters from PLD areas as follows:
PLD Area: 1 2 3 4 5 6 7 8 9 10 11 12 13
-0-
-0- 3 io46
2j126
1160 1,818
1 -0- 2 1302 957 1,304 31556 2 b286
$
1 /349
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The City Council finds that said fees are fairly apportioned within said areas on the basis of benefits conferred on property proposed for subdivision or on the need for such facili t ,ies created by the proposed subdivision and development of other propevty within such areas. For the purpose of computing the aforesaid estimated costs and fees, acreage shall be computed as gross acreage to the centerline of streets abutting the property in question and fees for fractional acreage shall be prorated.
20.09.050 Payment of Drainage Fees. No final map or parcel map shall be approved by the City until the drainage fees required by Section 20.09.040 hereof have been paid in full, or the construction of drainage facilities described in the drainage master plan has been completed, or agreed to be completed by the subdivider and secured by a form of security described in Section 20.16.070 of this Code, or both such payment and construction. drainage fees required by Section 20.09.040 in the amount of the actual construction costs, including engineering and other costs, of such facilities.
20.09.060 Credit for Previous Payhent or Construction. When a building is to be constructed or reconstruFted or added to upon property for which the drainage fees have previously been paid pursuant to Section 20.09.050 hereof , or construction of drainage facilities pursuant to Section 20.09.050 has been completed, or similar provisions of any prior City ordinance, full credit for such payment and the costs of cpnstruction of such facilities shall be given against such fees due at the time a building permit is issued.
The subdivider shall be given credit against the amount of
20.09.070 Adjustment of Fees. The fees established by Section 20.09.040 hereof have been established in Dart on estimated costs to construct PLDF in the Calendar year 1980. beginning with June, 1981, the City Council1 shall review and adjust, by amendment hereto, such fees. Said adjustment shall be based upon any increase or decrease in costs of construction as determined by the Engineering News Record Cost of Construction Index publisheld by McGraw-Hill Pub1 ishing Company, or any such successor thereof. ment shall be used for such adjustment. shall become effective on each July 1 or Jlanuary 1 respectively.
In June hnd December of each calendar year,
The index 'for the month preceding the adjust- r! lees adjusted in accordance herewith
20.09.080 Use of Drainage Fees. 1 Fees collected hereunder shall be segregated according to their source and deposited into a planned local drainage facilities fund established for each PLD area and the funds therein and interest accruing thereto shall be exdended solely for the construction of or for reimbursement for construction qf PLDF within each such area.
20.09.090 Reimbursement Agreemenhs. The City Council may, at its discretion, enter into a reimbursement agreement with a developer, when said developer has constructed PLDF. Reimbuse4ent shall be made only as fees are collected in connection with the subdivision of other property in the same PLD area in which said facilities were constructed. The amount of reimbusement shall be limited to the actual cost, including engineering and other costs, of such facilities at the time they are constructed, in excess of the amount of drainage fees required pursuant to thelprovisions of Section 20.09.040. The term of reimbursement agreement shall not exceed ten (10) years.
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20.09.100 Applicability. This cpapter shall not apply to any tentative map or parcel map, if no tentative map is required filed prior to the 31st day after the effective date of this chapter.
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EFFECTIVE DATE: This ordinance shall be effective thirty days
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after its adoption, and the City Clerk shall certify to the adoption of
this ordinance and cause it to be published~ at least once in the Carlsbad
Journal within f i fteen days after i ts adopt! on.
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INTRODUCED AND FIRST READ at a regulair meeting of the Carlsbad City ,
Council held on the 2nd day of September ~ , 1980.
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PASSED AND ADOPTED at a regular meeti~ng of said City Council held
on thel6th day of September , 1980 ~y the following vote, to wit:
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AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT : None
ATTEST :
,
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(SEAL)
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