HomeMy WebLinkAbout1979-09-04; City Council; Resolution 59111
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RESOLUTION NO. 5911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE CITY ENGINEER'S DETERMINATION OF EQUIVALENT DWELLING UNITS FOR THE PLAZA CAMINO REAL EXPANSION AND AUTHORIZING REFUNDS OF FEES PAID SO AS TO REFLECT THE REVISED CALCULA-
WHEREAS, Section 18.05.021(4) of the Carlsbad Municipal Code
provides for the issuance of necessary permits for the expansion
of the Plaza Camino Real Shopping Center notwithstanding the ex-
istence of a building permit moratorium; and
WHEREAS, Section 13.08.081(C-12) of the Carlsbad Municipal
Code provides for the City Engineer to make a determination of the
volume of wastewater discharged to the sewer from each proposed
use; and
WHEREAS, the City Engineer, in applying the provisions of
Section 13.08.081(C-12) of the Carlsbad Municipal Code, did use a
ratio of one equivalent dwelling unit per 1,800 square feet of
gross floor area plus, in some instances, an additional factor to
provide for future restaurant uses; and
WHEREAS, Section 13.08.080 of the Carlsbad lilunicipal Code, in
effect at the time of issuing any permits authorized subject to
the City Engineer's determinations, provided that a fee of five
hundred dollars ($500) per equivalent dwelling unit should be col-
lected from each applicant; and
WHEREAS, the following identifiable subunits of the Plaza
Camino Real expansion were authorized the indicated number of
equivalent dwelling units and paid the indicated fees:
Sears 104.9 EDUs $52,450
Broadway 86.1 EDUs 43,050
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Bullocks 79.6 EDUs $39,800
Mall Stores 126.1 EDUs 63,050; and
WHEREAS, Section 13.08.081(e) of the Carlsbad Municipal Code
provides for an appeal to the City Council of the determination of
the City Engineer regarding volume flows into the sewer; and
WHEREAS, the judgment pursuant to stipulation for Case Num-
ber N9052 of the Superior Court of the State of California for the
County of San Diego, provides for a recalculation of the equivaleni
dwelling units required for the Plaza Camino Real expansion. Such
judgment, when agreed to by all parties, shall be considered as an
appeal to the City Council as provided in Section 13.08.081(e) of
the Carlsbad Municipal Code; and
WHEREAS, Section 3.32.030 of the Carlsbad Municipal Code pro-
vides for a refund of fees providing certain findings are made;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. The above recitations are true and correct.
2. The City Council finds, in the appeal of the City Engi-
neer's determination, that the corrected equivalent dwelling unit
allocation and fees for the identifiable subunits of the Plaza
Camino Real expansion are as follows:
Sears 45.93 EDUs $22,965
Broadway 56.25 EDUs 28,125
Bullocks 42.15 EDUs 21,075
Mall Stores 59.81 EDUs 29,905
3. That the findings of fact as required in Section 3.32.030
of the Carlsbad Municipal Code have been met and that, upon writtei
application from the appropriate parties, the difference in
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capacity fees paid and capacity fees owed, pursuant to Item No. 2
above, shall be refunded by the City Treasurer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
day of City Council of the City of Carlsbad held the 4th
September , 1979, by the following vote, to wit:
Councilwoman Casler
AYES:
NOES : None
Councilmen Packard, Skotnicki, Anear, Lewis and
ATTEST :
(SEAL)
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