HomeMy WebLinkAbout2010-07-13; City Council; CS-094; MUNICIPAL CODE 13.10.030, 13.10.080, 13.10.090, 15.08.040...1
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Exhibit 1
ORDINANCE NO. CS-094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE SECTIONS 13.10.030, 13.10.080,
13.10.090.15.08.040(b) and 5.09.030(bl
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows:
SECTION 1: That section 13.10.030 of the Carlsbad Municipal Code is amended to
read as follows:
13.10.030-Sewer capacity fee -Encina Treatment Plant
Except as provided, every person who wishes to use the city sewer system and the
Encina Treatment Plant shall pay to the city prior to the issuance of a sewer permit, a
sewer capacity fee per equivalent dwelling unit. The amount of the sewer capacity fee
shall be as set from time to time by a resolution of the city council.
The sewer capacity fee shall be adjusted annually by a resolution of the city
council by the percentage change in the Engineering News Record Los Angeles
Construction Cost Index with the base index in effect in December 2003.
The fee adjustment for the July 1, 2010 - June 30, 2011 fiscal year shall be held in
abeyance for a period of one year. Thereafter the fee shall return to the amount it would
have been had there been no suspension unless prior to that time the City Council adopts
an ordinance specifying a different fee or formula.
All sewer capacity fees shall be placed in the sewer construction fund and shall be
used to pay for capital improvements of such system.
SECTION 2: That section 13.10.080 of the Carlsbad Municipal Code is amended
to read as follows:
13.10.080 Sewer benefit area fees.
Except as provided, every person who wishes to use the city's South Agua
Hedionda Interceptor Sewer shall pay to the city, prior to the issuance of a sewer permit,
a sewer benefit area fee of one thousand six hundred fifteen dollars per equivalent
dwelling unit for sewer benefit area C; one thousand six hundred eighteen dollars per
equivalent dwelling unit for sewer benefit area D; two thousand three hundred eighty-six
dollars per equivalent dwelling unit for sewer benefit area E; and two thousand three
hundred ninety-nine dollars per equivalent dwelling unit for sewer benefit area F.The fee
established by this section shall apply to building permits issued thirty days following
adoption of this section for residential developments, and commercial and industrial
buildings.
The sewer benefit area fees shall be adjusted annually effective July 1, according
to the Engineering News Record Los Angeles Construction Cost Index with a base year
index reported on April 1 of each year with a base year index of 7500.
1 The fee adjustment for the July 1, 2010 - June 30, 2011 fiscal year shall be held in
abeyance for a period of one year. Thereafter the fee shall return to the amount it would
have been had there been no suspension unless prior to that time the City Council adopts
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SECTION 3: That section 13.10.090 of the Carlsbad Municipal Code is amended
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and ordinance specifying a different fee or formula.
to read as follows:
13.10.090 Sewer benefit area fees-Area H.
Except as provided, every person who wishes to use the city's sewer facilities in
sewer benefit area H shall pay to the city, prior to the issuance of a building permit, a
sewer benefit area fee of eight hundred eight dollars per equivalent dwelling unit for
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sewer benefit area H.The fee established by this section shall apply to building permits
issued thirty days following adoption of the ordinance codified in this section for
residential developments, and commercial and industrial buildings.
The sewer benefit area fees shall be adjusted annually effective September 1, by
12 the annual change to the Engineering News Record Los Angeles Construction Cost Index
with a base year index of April 1,2004.
The fee adjustment for the July 1,2010 -June 30,2011 fiscal year shall be held in
14 abeyance for a period of one year. Thereafter the fee shall return to the amount it would
have been had there been no suspension unless prior to that time the City Council adopts
an ordinance specifying a different fee or formula.
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SECTION 4: That section 15.08.040(b) of the Carlsbad Municipal Code is
amended to read as follows:
19 15.08.040 Fee.
(b) A planned local drainage area fee shall be paid by the owner or developer
prior to the issuance of any building permit or occupancy permit or prior to final or parcel
map approval for a project, whichever occurs first. The planned local drainage area fees
shall be adjusted annually based upon the July, 2008 Engineering News Record Los22Angeles Construction Cost Index of 9335.69 based on the 1967 average = one hundred.
The fee adjustment for the July 1, 2010 - June 30, 2011 fiscal year shall be held in
abeyance for a period of one year. Thereafter the fee shall return to the amount it would
have been had there been no suspension unless prior to that time the City Council adopts
an ordinance specifying a different fee or formula.25
SECTION 5: That section 5.09.030(b) of the Carlsbad Municipal Code is
amended to read as follows:
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(b) The developer of a mobile home park shall pay a license tax fee of one
thousand one hundred fifty dollars for each mobile home space. The license tax for
3 mobile home spaces shall be automatically increased or decreased on January 1st of each
year by the same percentage as the percentage of increase or decrease in construction
costs between December 1st of each of the two immediately preceding years, for which
purpose construction costs and the increase or decrease therein shall be based on the
Engineering News—Record Construction Cost Index.
The fee adjustment for the July 1, 2010 - June 30, 2011 fiscal year shall be held in
abeyance for a period of one year. Thereafter the fee shall return to the amount it would
have been had there been no suspension unless prior to that time the City Council adopts
an ordinance specifying a different fee or formula.
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5.09.030 Imposition of tax-Amount.
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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 it 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 June. 2010, and thereafter
PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on
the 13th day of July. 2010, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
( V/t^J«g_aaB> t<Cr X &32ac
ROhJAfb R. BALL, City Attorney
ATTEST:
OOD, City Clerk