HomeMy Public PortalAbout19-1927 - Repealing Section 3 of Ordinanace No. 83-647, Repealing Ordinance Nos. 94-1048U and 94-1048ORDINANCE NO. 19-1927
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA,
REPEALING SECTION 3 OF ORDINANCE NO. 83-647, REPEALING ORDINANCE NOS. 94-
1048U AND 94-1048, AND AMENDING ARTICLE IX (PLANNING AND ZONING), CHAPTER 2
(SUBDIVISION REGULATIONS), PART 7 (FEES — DEPOSITS — BONDS) TO DELETE SECTION
9207.19 (PARK AND RECREATIONAL FACILITIES).
WHEREAS, on March 15, 1983, the City Council of the City of Carson ("the City Council") adopted
Ordinance No. 83-647, Section 3 of which amended the Carson Municipal Code to add Section 9207.19
requiring subdividers to dedicate land or pay a fee for the purpose of developing or improving park or
recreational facilities; and
WHEREAS, on December 6, 1994, the City Council adopted Ordinance No. 94-104BU to amend
Section 9207.19 of the Carson Municipal Code to accurately determine land dedication or fee
requirements for park and recreation facilities as authorized by The Quimby Act (Government Code
Section 66477), and to declare the urgency thereof; and
WHEREAS, on December 20, 1994, the City Council adopted Ordinance No. 94-1048 affirming the
Carson Municipal Code amendments approved in Ordinance No. 94-1048U; and
WHEREAS, the City Council wishes to repeal Ordinance Nos. 94-1048, 94-1048U, and Section 3 of
Ordinance No. 83-647, to effectuate the repeal of parks and recreation facilities fees and dedications
authorized by The Quimby Act; and
WHEREAS, the City Council wishes to amend the Carson Municipal Code to delete Section
9207.19, which authorized the parks and recreational facilities fees and dedications pursuant to The
Quimby Act; and
WHEREAS, the City Council intends to use interim development impact fees, rather than fees and
dedications pursuant to The Quimby Act, as a funding mechanism for public facilities needs resulting from
development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The forgoing recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 9207.19, Park and Recreational Facilities, of Part 7 (Fees — Deposits —
Bonds), Chapter 2 (Subdivision Regulations), Article IX (Planning and Zoning) is hereby deleted in its
entirety.
SECTION 3. Section 3 of Ordinance No. 83-647 is repealed.
ORDINANCE NO. 19-1927
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SECTION 4. Ordinance Nos. 94-1048U and 94-1048 are repealed in their entirety.
SECTION S. The City shall expend or distribute "Quimby fees" previously collected pursuant
to Carson Municipal Code Section 9207.19 in a manner compliant with Government Code Section 66477
(The Quimby Act), or as otherwise authorized by law.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or the application thereof to any person or circumstances, is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any other provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid
or unconstitutional.
SECTION 7. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 8. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the
same to be posted and codified in the manner required by law.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 16th day of April, 2019.
[Signatures on Following Page]
ORDINANCE NO. 19-1927
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APPROVEDASTF9RM:CITYOFCARSON:SunnStani,tyAtorney5lrtRobles,MayorATTEST:DonesiaGaue-Aldana,MMC,CityClerkSTATEOFCALIFORNIACOUNTYOFLOSANGELES)ss.CITYOFCARSONI,DonesiaGause-Aldana,CityClerkoftheCityofCarson,California,herebyattesttoandcertifythattheforegoingordinance,beingOrdinance19-1927passedfirstreadingonthe2nddayofApril,2019,adoptedbytheCarsonCityCouncilatitsmeetingheldonthe16thdayofApril,2019,bythefollowingrollcallvote:AYES:COUNCILMEMBERS:Robles,Hicks,Davis—Holmes,Hilton,DearNOES:COUNCILMEMBERS:NoneABSTAIN:COUNCILMEMBERS:NoneABSENT:COUNCILMEMBERS:NoneDonesiaGause-Aldana,MMC,CityClerkSTATEOFCALIFORNIACOUNTYOFLOSANGELES)ss.CITYOFCARSONI,DonesiaGause-Aldana,CityClerkoftheCityofCarson,California,doherebycertifythatOrdinanceNo.19-1927hasbeendulyandregularlypublishedaccordingtolawandtheorderoftheCityCouncilofsaidCityandthatsamewassopublishedinOurWeekly,anewspaperofgeneralcirculationonthefollowingdate(s):AdoptedOrdinance:f?IPyiL’12O1’Inwitnesswhereof,Ihavehereuntosubscribedmynamets______daof_______________2019.—Donesiause-Aldana,MMC,CityClerkORDINANCENO.19-192?Page3of301007,0005/537964.3