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Home My WebLink About2011-08-23; City Council; 20663; AMENDMENT CODE SEWER FEESCITY OF CARLSBAD - AGENDA BILL 16 AB# 20.663 MTG. 8/23/11 DEPT. CLERK AMENDMENT TO CARLSBAD MUNICIPAL CODE TO ESTABLISH SEWER CAPACITY AND SEWER BENEFIT AREA FEES LOCAL DRAINAGE FEES, AND MOBILE HOME LICENSE TAX FEES DEPT. DIR. ¥Jfy CITY ATTY. (*y CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-154, amending the Carlsbad Municipal Code by the amendment of: Section 13.10.030, to establish the sewer capacity fee for use of the city sewer system and Encina Treatment Plant; and Section 13.10.080, to establish the sewer benefit area fee for use of the city's South Agua Hedionda Interceptor Sewer; and Section 13.10.090, to establish the sewer benefit area fee for use of the city's sewer facilities in Sewer Benefit Area H; and Section 15.08.040(b), to establish the Planned Local Drainage Area Fee to be paid prior to issuance of any building or occupancy permit; and Section 5.09.030(b), to establish the license tax fee to be paid for each mobile home space. ITEM EXPLANATION: Ordinance No. CS-154, was introduced and first read at the City Council meeting held on July 26, 2011. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,642 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require an environmental review. EXHIBITS: 1. Ordinance No. CS-154. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED % DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 2 3 4 5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows:6 SECTION 1: That section 13.10.030 of the Carlsbad Municipal Code is amended to7 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 28 ORDINANCE NO. cs-154 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(b) 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, except that the period from July 1, 2009 to June 30, 2012 shall not be counted in this adjustment. 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, except that the period from July 1, 2009 to June 30, 2012 shall not be counted in this adjustment. SECTION 3: That section 13.10.090 of the Carlsbad Municipal Code is amended to read as follows: 27 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 sewer 1 2 3 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 the annual change to the Engineering News Record Los Angeles Construction Cost Index with a base year index of April 1, 2004, except that the period from July 1, 2009 to June 4 30, 2012 shall not be counted in this adjustment. 5 6 SECTION 4: That section 15.08.040(b) of the Carlsbad Municipal Code is amended to read as follows:7 8 9 10 11 adjustment. 12 SECTION 5: That section 5.09.030(b) of the Carlsbad Municipal Code is 13 amended to read as follows:14 17 18 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 Los Angeles Construction Cost Index of 9335.69 based on the 1967 average = one hundred, except that the period from July 1, 2009 to June 30, 2012 shall not be counted in this 5.09.030 Imposition of tax-Amount. (b) The developer of a mobile homi thousand one hundred fifty dollars for each mobile home space. The license tax for mobile "1 ^(b) The developer of a mobile home park shall pay a license tax fee of one "1 R 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. Except that the period from July 1, 2009 to June 30, 2012 shall not be counted in this adjustment. 20 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; 21 and the city clerk shall certify the adoption of this ordinance and cause it to be published at 22 least once in a newspaper of general circulation in the City of Carlsbad within fifteen days 23 after its adoption. 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 26th day of July 2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of July 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY ROfiALD R. BALL, City Attorney / MATT HfALL, Mayor ATTEST: M. WOOD, City Clerk