HomeMy WebLinkAbout2015-04-21; City Council; CS-271; Amend Carlsbad Municipal Code Regarding Fees and Fee Deferrals...1
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EXHIBIT 1
ORDINANCE NO. CS-271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 13, CHAPTER
13.10; TITLE 15, CHAPTER 15.08; TITLE 18, CHAPTER 18.42;
TITLE 20, CHAPTER 20.44; TITLE 21, CHAPTERS 21.85 AND
21.90, REGARDING FEES AND FEE DEFERRALS
CASE NO.: MCA 15-01
The City Council of the City of Carlsbad ordains as follows:
SECTION I: That Title 13, Chapter 13.10, section 13.10.100 of the Carisbad
Municipal Code is hereby amended to read as follows:
13.10.100 Fee Deferral
Notwithstanding anything in Chapter 13.10 to the contrary, all Sewer
Capacity and Sewer Benefit Area fees for any residential development that consists of five
or more dwelling units and for all new commercial, office, and industrial buildings or
building additions shall only be paid prior to building permit issuance, or, at the request of
the applicant, deferred until all work required for final inspection has been completed and
all department approvals required for final inspection have been obtained by the applicant.
If the applicant chooses to defer the payment of fees to prior to the request
for final inspection, then the amount of the fees shall be based on the fees in effect at the
time of the request for final inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION II: That Title 15, Chapter 15.08, section 15.08.110 of the Carisbad
Municipal Code is hereby amended to read as follows:
15.08.110 Fee Deferral
Notwithstanding anything in Chapter 15.08 to the contrary, all planned local
drainage area fees for any residential development that consists of five or more dwelling
units and for all new commercial, office, and industrial buildings or building additions shall
only be paid prior to building permit issuance, or, at the request of the applicant, deferred
until all work required for final inspection has been completed and all department approvals
required for final inspection have been obtained by the applicant.
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If the applicant chooses to defer the payment of fees to prior to the request
for final inspection, then the amount of the fees shall be based on the fees in effect at the
time of the request for final inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION III: That Title 18, Chapter 18.42, section 18.42.0509d) of the
Carlsbad Municipal Code is hereby amended to read as follows:
18.42.050(d) Fee
(d) Notwithstanding 18.42.050(a), all traffic Impact fees for any residential
development that consists of five or more dwelling units and for all new commercial, office,
and industrial buildings or building additions shall only be paid prior to building permit
issuance, or, at the request of the applicant, deferred until all work required for final
inspection has been completed and all department approvals required for final inspection
have been obtained by the applicant. If the applicant chooses to defer the payment of fees
to prior to the request for final inspection, then the amount of the fees shall be based on
the fees in effect at the time of the request for final inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION IV: That Title 20, Chapter 20.44, section 20.44.140 of the Carlsbad
Municipal Code is hereby amended to read as follows:
20.44.140 Fee Deferral
Notwithstanding anything in Chapter 20.44 to the contrary, all park in-lieu
fees for any residential development that consists of five or more dwelling units shall only
be paid prior to building permit issuance, or, at the request of the applicant, deferred until
all work required for final inspection has been completed and all department approvals
required for final inspection have been obtained by the applicant.
If the applicant chooses to defer the payment of fees to prior to the request
for final inspection, then the amount of the fees shall be based on the fees in effect at the
time of the request for fmal inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
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SECTION V: That Title 21, Chapters 21.85 and 21.90, sections 21.85.195 and
21.90.195 of the Carisbad Municipal Code is hereby amended to read as follows:
21.85.195 Fee Deferral
Notwithstanding anything in Chapter 21.85 to the contrary, all housing in-
lieu and housing impact fees for any residential development that consists of five or more
dwelling units shall only be paid priorto building permit issuance, or, at the request of the
applicant, deferred until all work required for final inspection has been completed and all
department approvals required for final inspection have been obtained by the applicant.
The amount of the fees shall be based on the fees in effect at the time of the
request for the final inspection, not the time of building permit issuance.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
21.90.195 Fee Deferral
Notwithstanding anything in Chapter 21.90 and any resolution of the city
council to the contrary, all fees subject to this chapter for any residential development that
consists of five or more dwelling units and all new commercial, office, and industrial
buildings or building additions shall only be paid prior to building permit issuance, or, at the
request of the applicant, deferred until all work required for final inspection has been
completed and all department approvals required for final inspection have been obtained
by the applicant.
The amount of the fees shall be based on the fees in effect at the time of the
request for the final inspection, not the time of building permit issuance.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
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 Carisbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 7th day of April ^ 2015, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad
on the 2r* day of April 2015, by the following vote, to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES:
ABSENT:
None.
None.
APPROVED AS TO FORM AND LEGALITY:
Celia A. Brewer, City Attorney
ca MATT HALL, Mayor
ATTEST:
<IZJA
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-271
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS- 271 is to be considered at the
City Council Meeting to be held on the 21st day of April, 2015.
2.) That a certified copy of the full text of Ordinance No. CS-271 was posted in
the City Clerk's Office on the 8th day of April, 2015.
3.) That a summary of the Ordinance was published in the Union
Tribune on the 15th day of April, 2015.
DONNA HERATY, Deputy City
Dated: April 8, 2015
(Seal)
Certification of Posting and Publication of Ordinance No. CS-271
Page 2
4.) That Ordinance No. CS-271 was adopted on the 21st day of April,
2015
5.) That a certified copy of the full text of Ordinance No. CS-271 showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 29th day of April, 2015.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was published in the
Union Tribune, on the 29th day of April, 2015.
DONNA HERATY, Deputy City CI rk
Dated: April 23, 2015
(Seal)