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HomeMy WebLinkAbout1988-02-23; City Council; Resolution 88-53,- 7- il e 0 1 2 3 4 5 6 RESOLUTION NO. 88-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE COLLECTION OF A LOCAL FACILITIES MANAGEMENT FEE IN THE AREAS DEFINED AS LOCAL FACILITY MANAGEMENT ZONE 6, 11 AND 12 AND REVISING THE PREVIOUS LOCAL FACILITIES MANAGEMENT FEE ADOPTED BY RESOLUTION NO. 929: 7 WHEREAS, Section 21.90.050 of the Carlsbad MU] 8 9 10 11 12 13 14 15 16 17 Code authorizes the establishment of a local fat: management fee to pay for improvements or facilities idel in a local facilities management plan which are related development in a zone and are not otherwise financed other fee, charge or tax on development, or are not in: by a developer as a condition of a building or deve: permit: and WHEREAS, the Local Facilities Management Plan fo] 6, 11 and 12 identified a need for facilities which re] new development in these zones and are not otherwise f: 18 I1 or being provided: and 19 I WHEREAS, the City Council on November 10, 1987 2 Resolution No. 9291 which approved the Local Fac: Management Plan for Zone 6 and on February 23, 1988 i Resolution No. 88-46 which approved Local Fac: Management Plan for Zone 11 and Resolution No. 88-47 adopted Local Facilities Management Plan for Zone 12 identified several public facilities which do not confol the adopted performance standards; and 20 21 22 23 24 25 26 27 WHEREAS, the fee required is in addition to an1 28 means of financing these facilities, improvements or in( >. 1. 1 2 3 4 5 6 7 a 9 IO 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 0 operating cost as a result of building these fac: identified in the Local Facilities Management Plan for 2 11 and 12 and is necessary in order to allow the C collect this fee from those developers allowed to procec development prior to the adoption of the Local Fac: Management Plan for Zone 6, 11 and 12; and WHEREAS, the establishment of this fee providl mechanism for development to be allowed in the Local Fi Management Zone 6, 11 and 12 provided that all c identified improvements needed in the specific Facilities Management Plan for each zone are made or gual to bring all facilities into conformance with the E performance standard prior to allowing any addj development in the specific zone; and WHEREAS, on November 10, 1987, the City Council E Resolution No. 9292 which established a Local Faci Management Fee for Zone 6 which can now be rescindc replaced by a new fee for Zone 6, 11 and 12. NOW, THEREFORE, BE IT RESOLVED by the City Coun the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Resolution No. 9292 establishing a separate Facilities Management Fee for Zone 6 is hereby rescinded. 3. Effective this date, a Local Facilities Manageme: shall be collected from those developers allowed to pro( prior to the adoption of the Local Facilities Management 2 1- I! e a 1 for zones 6, 11 and 12 who signed agreements to pay futui 2 3 4 5 6 and upon all new residential development within the Facility Management Zone 6, 11 and 12 as shown on Exhil: which is made a part hereof. 4. The amount of the fee to be collected shall be base rate of $310.00 per residential dwelling unit to be asse: 7 11 all new development in Local Facility Management Zone 6, 8 between the old fee and new fee to anyone who paid t 9 12 (and the City Manager is authorized to refund the difj lo 11 established by Resolution No. 9292. 5. That all developers within the boundaries of the l2 1 Code. 2o described in Section 21.90.050(e) of the Carlsbad Mur I' 6. The Local Facilities Management Fee shall be collec l8 with said agreement. I? thirty (30) days of receipt of the City's invoice in accc l6 MANAGEMENT SYSTEM shall be required to pay this fee l5 FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY THE I* development permits and have signed the AGREEMENT TO PA l3 Facility Management Zone 6, 11 and 12 who have been 21 22 23 24 25 26 27 28 7. The City Manager and City Attorney are hereby authori take any action they determine necessary including liti to collect this Local Facilities Management Fee. ... ... ... 3 I, 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 4D e PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 23rd day of Februar 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT : None &LAUDE A. bEWIS, Mayor ATTEST : - CIA ALETHA L. dUTEhKRANZ, City klerk (SEAL) 4 $' 1) @ EXHIBI? Gn = c 3 z f JAh ! LOCAL FACILITIES MANAGEMENT PLANS j