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HomeMy WebLinkAboutOrdinance #2165 ORDINANCE NO. 2165 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 14 .48 .080 THEREOF PER- TAINING TO DRAINAGE FEE DEFERMENTS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is here- by amended by amending Section 14.48 . 080 thereof to read as follows : 14.48. 080 Drainage fee deferments. The owner or developer of any industrial property may apply to have a portion of the drainage fees required by this section deferred for a period of time not to exceed five (5) years from the date of deferment . The application for deferment of any drainage fees must be made to the director of public works and be approved by the city council. The owner or developer of any property to be used for open space developments such as for horses, golf driving ranges, or other transitional or temporary uses, may apply to have a portion of the drainage fees required by this section deferred for a period of time not to exceed ten (10) years from the date of application. In the case of open space developments, every owner or developer shall pay a cash deposit in the amount of 10 percent of the drainage fee established at the time the owner or developer files application for fee deferment, 25 percent of said drainage fee five (5) years after said application, and 65 percent of said drainage fee ten (10) years after said application. For each subsequent developer, or for each change of use, the subsequent developer shall pay 10 percent of the drainage fee established at the time the subsequent developer filed application for fee deferment, 25 percent of said drainage fee five (5) years after said application and 65 percent of said drainage fee ten (10) years after said application, or the entire balance if the balance of the total drainage fee owned to the city is the lesser amount . Each deposit shall be retained by the city treasurer and shall be applied to the drainage fee which is in effect at the time of the application for deferment and shall be a credit to the total drainage fee applicable to such property. i 1. JG:cs In the case of industrial development, the owner or de- veloper shall pay a cash deposit in the amount of 20 percent of the drainage fee established for the development at the time of deferment . The remaining 80 percent shall be paid at the rate of 20 percent per year for the following four (4) years on the anniversary date of the deferment . For the purposes of this section, transitional and tempo- rary uses shall only be those uses permitted by ordinance, use permit or conditional use permit and approved by the planning commission or board of zoning adjustments. The city council shall have the discretion to approve or reject any application for deferment of drainage fees or any portion thereof. Application for such deferment shall be made to the direc- tor of public works and be approved by the city council. In the event the required waiver is denied, the cash deposit shall be returned to the applicant within a reasonable time. Land areas which are covered by existing reimbursement agreements for storm drains or other drainage structures are excluded from deferment of drainage fees hereunder. SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February, 1977. ti Mayor Pro Tempore ATTEST: Alicia M. Wentworth APPROVED AS TO FORM: City Clerk eputy City Clerk 04 City Attor ey 56�_ 2. REVIEWED AND APPROVED: INITIATED AND APPROVED AS TO CONTENT: City ministrator 3 • Ora. No. 2165 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH, `the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17thday of January 19 77. , and was again read to said City Council at a regular meeting thereof held on the 7th day of February 19 77 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen Bartlett, Pattinson, Coen Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder AUC1A M. VOTVIJOM City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has i By &A4; been publis ed in the Huntington Beach News on Connie Brockway ------------- said City. ALICIA M. WENTWO'RTH ...... ..... ....................• .....•••...........•----............. City Clerk ..... � :. ...•--..... . Deputy y Clerk