HomeMy WebLinkAbout1987-11-10; City Council; Resolution 9292I.
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Resolution No. 9292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE COLLECTION OF A LOCAL FACILITIES MANAGEMENT FEE IN THE AREA DEFINED AS LOCAL FACILITY MANAGEMENT ZONE 6.
WHEREAS, Section 21.90.050 of the Carlsbad Municipal
Code authorizes the establishment of a local facilities
management fee to pay for improvements or facilities
identified in a local facilities management plan which are
related to new development in a zone and are not otherwise
financed by any other fee, charge or tax on development, or
are not installed by a developer as a condition of a building
or development permit; and
WHEREAS, the Local Facilities Management Plan for Zone 6
identified a need for facilities which .relate to new
development in the zone and are not otherwise financed or
being provided; and
WHEREAS, the City Council on November 10, 1987 adopted
Resolution No. 9291 which approved the Local Facilities
Management Plan for Zone 6 which identified several public
facilities which do not conform with the adopted performance
standards; and
WHEREAS, the fee required is in addition to any other
means of financing these facilities or improvements identified
in the Local Facilities Management Plan for Zone 6 and is
necessary in order to allow the City to collect this fee from
those developers allowed to proceed with development prior to
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the adoption of the Local Facilities Management Plan for
Zone 6; and
WHEREAS, the establishment of this fee provides the
mechanism for development to be allowed in the Local Facility
Management Zone 6 provided that all of the identified
improvements needed in the Local Facilities Management Plan
are made or guaranteed to bring all facilities into
conformance with the adopted performance standard prior to
allowing any additional development in the zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. Effective this date, a Local Facilities Management Fee
shall be collected upon all new development within the Local
Facility Management Zone 6 as shown on Exhibit 111" which is
made a part hereof.
3. The amount of the fee to be collected shall be based on
a rate of $ 5,105 per residential dwelling unit to be
assessed on all new development in Local Facility Management
Zone 6.
4. That all developers within the boundaries of the Local
Facility Management Zone 6 who have been issued development
permits and have signed the AGREEMENT TO PAY FEES FOR
FACILITIES AND IMPROVEMENTS AS REQUIRED BY THE GROWTH
MANAGEMENT SYSTEM shall be required to pay this fee, less
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those fees previously collected for park-in-lieu and the
Bridge f Thoroughfare Benefit District, within thirty (30)
days of receipt of the City's invoice in accordance with said
agreement.
5. Reimbursement may be made by the City for those fees
collected upfront that are utilized to fund improvements where
other established fees are currectly being collected but are
not sufficient enough at this time to fund said improvements.
The timing of the reimbursement shall be made in accordance
with the City's adopted Capital Improvements Program and will
not include costs for operation expenses or interest.
6. That the establishment of this fee does not allow
development to begin in the Local Facility Management Zone 6
until all of the facilities are brought into conformance with
the adopted performance standard or are guaranteed prior to
allowing any additional development.
7. That if an alternative financing mechanism is presented
which resolves the facilities deficiencies identified in the
Local Facilities Management Plan for Zone 6, and is approved
by the City Council, this Local Facilities Management Fee may
be reduced or eliminated altogether.
8. The Local Facilities Management Fee shall be collected
as described in Section 21.90.050 (e) of the Carlsbad
Municipal Code.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
day of November , 1987 Carlsbad City Council held on the
by the following vote, to wit:
10th
AYES:
NOES: None
Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ABSENT: None
ATTEST:
ALETHa L. RAUTENKRANZ, City plerk
(SEAL)
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EXHIBIT 1
*--* JANUARY 1987 ZONE 6
LOCAL FACILITIES MANAGEMENT BOUNDARIES
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