HomeMy WebLinkAbout2012-07-10; City Council; 20965; Amend Municipal Code Sections12
CITY OF CARLSBAD - AGENDA BILL
AB# 20,965 AMEND CARLSBAD MUNICIPAL CODE
SECTIONS 13.10.030, 13.10.080, 15.08.040(b)
AND 5.09.030(b) AND REPEAL SECTION
13.10.090
DEPT. DIRECTOR^^
MTG. 7/10/12
AMEND CARLSBAD MUNICIPAL CODE
SECTIONS 13.10.030, 13.10.080, 15.08.040(b)
AND 5.09.030(b) AND REPEAL SECTION
13.10.090
CITY ATTORNEY
DEPT. Clerk
AMEND CARLSBAD MUNICIPAL CODE
SECTIONS 13.10.030, 13.10.080, 15.08.040(b)
AND 5.09.030(b) AND REPEAL SECTION
13.10.090 CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-186. approving the following amendments to the Carlsbad Municipal
Code:
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 areas A through M prior to the
issuance of a building permit; and,
Section 15.08.040(b) - to establish the Planned Local Drainage Area Fee to be paid prior to the
issuance of any building or occupancy permit; and,
Section 5.09.030(b) - to establish the license tax fee of each mobile home space; and,
Repealing Section 13.10.090 in its entirety.
ITEM EXPLANATION:
Ordinance No. CS-186 was introduced and first read at the City Council meeting held on June
26, 2012. 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 #20,954 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has not 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 environmental review.
EXHIBIT:
1. Ordinance No. CS-186.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen•Kundtz(S),carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED X CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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Exhibit •/'
ORDINANCE NO. CS- CS-186
AN ORDINANCE OF THE CiTY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CARLSBAD MUNICIPAL CODE SECTIONS
13.10.030, 13.10.080, 15.08.040(b) and 5.09.030(b)
AND REPEALING MUNICIPAL CODE SECTION
13.10.090
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 capacitv 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. ' <
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 A through M
Except as provided, every person who wishes to use the City's sewer facilities in
Sewer Benefit Areas A through M, shall pay to the City, prior to the issuance of a building
permit, a Sewer Benefit Area fee of nine hundred fifty five dollars ($955) per equivalent
dwelling unit for Sewer Benefit Area A; one thousand eighty seven dollars ($1,087) per
equivalent dwelling unit for Sewer Benefit Area B; two thousand three dollars ($2,003) per
equivalent dwelling unit in Sewer Benefit Area C; two thousand seven dollars ($2,007) per
equivalent dwelling unit in Sewer Benefit Area D; two thousand nine hundred sixty dollars
($2,960) per equivalent dwelling unit in Sewer Benefit Area E; two thousand nine hundred
seventy six dollars ($2,976) per equivalent dwelling unit in Sewer Benefit Area F; six
hundred dollars ($600) per equivalent dwelling unit for Sewer Benefit Area G; eight
hundred seventy three dollars ($873) per equivalent dwelling unit for Sewer Benefit Area
H; no fee per equivalent dwelling unit for Sewer Benefit Area I; one thousand six hundred
forty seven dollars ($1,647) per equivalent dwelling unit in Sewer Benefit Area J; one
thousand three hundred and two dollars ($1,302) per equivalent dwelling unit for Sewer
Benefit Area K; one thousand three hundred and two dollars ($1,302) per equivalent
dwelling unit for Sewer Benefit Area L; and sixty four dollars ($64) per equivalent dwelling
unit for Sewer Benefit Area M.
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, 2010.
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Exhibit 13
SECTION 3: That section 13.10.090 ofthe Carlsbad Municipal Code is repealed
in its entirety.
SECTION 4: That section 15.08.040(b) of the Carlsbad Municipal Code is
amended to read as follows:
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.
SECTION 5: That section 5.09.030(b) of the Carlsbad Municipal Code is
amended to read as follows:
5.09.030 Imposition of Tax Amount
(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 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 ofthe 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.
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.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 26*^ day of June 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 10th day of July 2012 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
RONALD R. BALL; City Aftomey
ATTEST:
MTORI^INE M. WOOD, City Clerk