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HomeMy WebLinkAbout1979-08-21; City Council; 5887-1; Engineering Fees,, r-- - -" 1t 5 n CITY OF CARLSBAD AGENDA BILL NO. � _'%— T .[�� * / Dnitial- DATE: � PHd August 2]� � q,Z4 C. Atty t UMM—NT: Et_7ineerinq C. Mgr. subject: ENGINEERING FEES ' Stateia.nt of the Matter At -their June 5, 1979 meeting, the City Council approved -certain adjustments to current engineering fees. At their June 19, 1979 meeting, the City Council approved the establishment of several new engineering fees. The required ordinance to implement the fees has been prepared as well as a suggested Council Policy for administration of certain fees. i $xhibits Ordinance No. Proposed Council Policy for Refunding Fees for the Investigation i of Street Vacations and Quitclaim of Easements. i 'Recommendation I� the City Council concurs, your action is to introduce Ordinance No. 70SP . Instruct staff to implement the 1 necessary policy, to administer certain fees. Council Action: 8-21-79 Council introduced Ordinance 7058, amending the Municipal Code to provide for or revise various processing fees for various j applications, agreements and City procedures; and Council adopted the proposed Council Policy and directed staff to prepare same in the proper format. 9-4-79 Council adopted Ordinance 7058, amending the Municipal Code to i provide for.or revise various processing fees far various i applications, agreements and City procedures. a .i "N r• COUNCIL POLICY STATEMENT PURPOSE: To establish a Council Policy and set fees for the vacation of , streets and the quitclaim of easements. BACKGROUND: Street Vacations Street vacations require extensive staff work to prepare maps and legal descriptions, notify interested parties and public utilities, prepare resolutions and notices .of hearing, post streets, prepare. staff reports, etc. This process takes between 20 and 25 hours of staff time. The City actually approves a vacation only after the Council is satisfied ti,at i't has no further need for a street. Quitclaim of Easement Although the process for quitclaim of easement is not nearly as complicated as the process for street vacation, it does require a considerable amount of staff time and City Council action. Investigations to facilitate street vacation or quitclaim of ease- ,} ment are usually initiated by a property owner who will benefit , from the vacation or quitclaim. The results of an investigation may conclude: (1) That the City required the street or easement as a condition of land division or development, thev never used it. In this case, the property did not benefit from the street or easement. (2) That the City required the street or easement as a condition of land division or development, used the street or easement for a period of time, then no longer required it. In this case, the property did nenefit from the street or easement. (3) That the City required the street or easement as a condition of land division or development and still has an interest in maintaining the street or easement. I•n Case (3), the request for vacation or quitclaim would be denied. I:i this case, the City should be compensated for "research time" on behalf of a private citizen. t -2- COUNCIL POLICY STATEMENT In Case (2), the request for vacation or quitclaim would result in a recommendation for approval. The property, however, did benefit from the street or easement and will now benefit from the street or easement and will now benefit from the vacation or quitclaim. Staff time should be compensated for on this request. In Case (1), the property never benefited from the street or ease- ment and the City staff time for quitclaim research should not be compensated. Often, the result of research on a vacation or quitclaim will result in a decision affecting more than just the citizen who applied for the vacation or quitclaim. If the vacation or quit- claim is approved and will benefit more than just the original applicant, no charge will be made to the other beneficiaries for the additional vacations or quitclaims. PROCEDURE: Street Vacations } 1. A written request accompanied by a fee of $400 shall be submitted by any citizen requesting a street vacation. i 2. The City Engineer shall cause a preliminary investigat-ion to be initiated, and if justified, prepare -a "Resolution of Intention to Abandon" for Council action and setting of hearing. 3. The City Engineer shall provide the "Notice of Intention" to all affected agencies. 4. The City Council shall hold a public hearing to determine whether or not the street vacation shall take place. 5. Upon approval of a "Resolution to Abandon a Public Street," the Council may also choose to refund the $400 appli.:ation fee,,if the City never utilized the street. Quitclaim of Easement 1. A written request accompanied by a fee of $40 shall be submitted by any citizen requesting quitclaim of easement. 2. The City Engineer shall cause an investigation to be made P and; if justified, shall recommend that the City Council «xr;Eirove a quitclaim of easement. 3. Upon approval of a quitclaim of easement the Council may z also choose to refund the $40 application fee,if the City never utilized the easement. 6 � r I I 2 3 5 6 " 7 8 9! 10 11' 12 °a to 13 J � U � W� 14 OOLW S2F j0 coF <� 15 V � J Wz cs 16 ,c^< zo m 17 >�cc < U 18 U 19 20 21 22 ' 23 24 i 25 26 27 28 Aft ORDINANCE NO. 7058 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.16; TITLE 13, CHAPTER 13.20: TITLE 18, CHAPTER 18.40 AND TITLE 20, CIiAPTER 20.08 OF THE CARLSBAD 14UNICIPAL CODE BY THE AMEND- I4ENT OF VARIOUS SECTIONS TO PROVIDE FOR OR REVISE VARIOUS PROCESSING FEES FOR VARIOUS APPLICATIONS, AGREEMENTS AND CITY PROCEDURES. The City Council of the City of Carlsbad, California hereby ordains as follows: SECTION 1: That Title 11, Chapter 11.16 of the Carlsbad Municipal Code is amended by the amendment of Section 11.16.040 to read as follows: 1111.16.040 Application fee. The applicant shall pay to the City a nonrefundable fee of $10.00 at the time of application for permit. For work begun without a permit the fee will be $20.00." SECTION 2: That 'Title 13, Chapter 13.20 of the Carlsbau Municipal Code is amended by the addition of Subdivisions (c) to Section 13.20.040 and (e) to Section 13.20.050 to read as follows: "13.20.040(c) At the time of the submission of the letter requesting City approval, the applicant shall pay to the Engineering Department a processing fee of $20.00 for each residentially zoned lot and $30.00 for each commercially or industrially zoned lot for which a septic system is proposed. 13.20.050(e) At the time of the submission of the letter requesting City approval, the applicant shall pay to the Engineering Department a processing fee of $30.00, plus $10.00 for each lot for which a septic system is proposed." SECTION 3: That Title 18, Chapter 1-8.40, Section 18.40.030 of the Carlsbad Municipal Code is amended by the addition of Subdivision(d) to read as a°ollows: "(d) Prior to the issuance of the building permit for the subject project, there :hall be paid to the Engineering I 101 11 12 °a r 00 g 13 s oo¢ 14 zz z W a o <'O 15 mV $jQ �8o 16 aZ�¢ CC ZD-� 17 �a a U a 18 19 20 21 2? 23 24 25 26 27 28 Department a fee of $40.00 for processing the offer of dedication." SECTION 4: That Title 18, Chapter 18.40, Section 18.40.090 of the Carlsbad Municipal Code is amended by the addition of the following sentence: "Prior to the recordation of a future improvement agreement, there_shall be paid to the Engineering Department a fee of $40.00 for processing of the agreement." SECTION 5: That Title 20, Chapter 20.08 of the Carlsbad Municipal. Code is amended by the amendment of Sections 20.08.03.0, 20.08.040, 20.08.060, 20.08.070, 20.08.080, 20.08.090 and 20.08.110 to read as follows: '120.08.030 Tentative map extension fee. At the time of filing a request for the extension of a tentative map with the City Engineer, there shall_be paid to the Engineering Department a tentative map extension processing fee equal to one-half of the fee prescribed in Section 20.08.010 for such tentative map. 20.08.040 Final map fee. At the time of filing a final map with the Engineering Department, there shall be paid to the engineering Department an examination fee of $100.00, plus $2.00 for each lot, plus $40.00 for each offer of dedication, plus $40.00 for each agreement to improve. 20.08.060 Tentative parcel_ map fee. At the time of submission of a tentative parcel map, there shall be paid to the Engineering Department a tentative parcel map examination fee cf $300.00, plus $40.00 for each offer of dedication, plus $40.00 for each agreement to improve. 20.08.070 Parcel map fee. The subdivider shall pay to the Engrg Department upon filing of the parcel map, a processing fee of $100.00, plus $40.00 for each agreement to improve, plus $40.00 for each quitclaim of easement. 2'0.08.080_ Tentative parcel map extension fee. At the time of filing a request for the extension of a tentative parcel map with the City Engineer, there shall be paid to the Engineering Department a tentative parcel map extension processing fee of $75.00. 20'.08.090 Fees for adjustment plats. At the time of filing an adjustment plat, there shall be paid to the Engineering Department an adjustment plat examination fee of $100.00. II -2- i I 0 - , 1 20.08.110 Fees for certificates of compliance. At the time of firing any requests pursuant to this title intended to result 2 in the issuance of a certificate of compliance, there shall be paid to the Engineering Department a free of $70.00 to 3 cover .the cost of making the required determinations pursuant to such request and the recording of any certificate of 4 compliance resulting therefrom. In addition, there shall be paid to the Engineering Department a fee of $40.60 for each 5 offer of dedication and $40.00 for each agreement to improve. i 6 EFFECTIVE DATE: This ordinance shall be effective 7 thirty days after its adoption, and the City Clerk shall 8 certify to the adoption of this ordinance'and cause it to be 9? published at least once in the Carlsbad Journal. within I 10 fifteen days after its adoption. 1 11 INTRODUCED AND FIRST READ at a regular meeting of the 0 12` Carlsbad pity Council held on the Z7St day o£ p„g„tt , a Y 1:3 1§79 and thereafter du.14. PASSED AND ADOPTED at a regular meeting of said City z 0 6 Ir 15 Council held on the ay of _ 1979 b the i;P.d1b P r Y i z s d 16 following vote, to wit: 2 0 _j >Q Q 17, AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler 5 181 NOES: None 19 ABSENT: None I 21 RONALD C. PACKARD, Mayor 22I ATTEST: 23 24 ALETIiA L. RAUTENKRANZ, City Cle c 25" (SEAL) 26 27 28 i i -3-