HomeMy WebLinkAbout2008-04-08; City Council; Resolution 2008-10316
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RESOLUTION NO. 2008-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REVISING THE CREDIT AGAINST
THE TRAFFIC IMPACT FEE IMPOSED BY CHAPTER 18.42 OF
THE CARLSBAD MUNICIPAL CODE FOR PROPERTIES WITHIN
THE BOUNDARIES OF AND SUBJECT TO TAXATION BY
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COMMUNITY FACILITY DISTRICT NO. 1.
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WHEREAS, the Chapter 18.42 of the Carlsbad Municipal Code establishes the Traffic
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Impact Fee for the City of Carlsbad; and
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WHEREAS, the City Council of the City of Carlsbad has created Community Facilities
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District No. 1 to provide a funding source for the purpose of financing public improvements, some
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of which are funded from the Traffic Impact Fee established under Chapter 18.42 of the Carlsbad
10 Municipal Code; and
WHEREAS, it is appropriate for properties within the boundaries of and subject to
12 taxation by the Community Facilities District No. 1 to receive a credit against the Traffic Impact
13 Fee to the extent that the projects funded through the Traffic Impact Fee are also funded through
the Community Facilities District No. 1; and
15 WHEREAS, Section 18.42.050 of the Carlsbad Municipal Code establishes a credit
against the Traffic Impact Fee for properties within the boundaries of a subject to taxation by
Community Facilities District No. 1; and
WHEREAS, on June 25, 1991, the City Council of the City of Carlsbad adopted
19 Resolution No. 91-196 establishing the amount of the credit against the Traffic Impact Fee
20 imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties with the boundaries of
21 and subject to taxation by the Community Facilities District No. 1; and
22 WHEREAS, the Traffic Impact Fee Program has been updated and therefore to retain
23 the same credit value the methodology for establishing the amount of the credit against the
24 Traffic Impact Fee must be revised.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitals are all true and correct.
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1 2. The properties included within the boundaries of Community Facilities District No. 1
2 that are subject to taxation by the District shall receive a credit against the Traffic Impact Fee
3 established under Chapter 18.42 of the Carlsbad Municipal Code to the extent projects funded
4 through the Traffic Impact Fee are funded through the Community Facilities District No. 1.
5 3. The amount of the credit against the Traffic Impact Fee shall be equal to $40 per
average daily trip for residential units and $16 per average daily trip for commercial and industrial6
development. The amount of the credit shall be adjusted annually as part of the City's Capital
Improvement Program budget process, by two percent or the annual percentage change in the
8 Caltrans Construction Costs Index, (12-Month Index), whichever is higher." The amount of the
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Traffic Impact Fee due and payable for properties included within the boundaries of Community
Facilities District No. 1 that are subject to taxation by the District shall be equal to the fee as
11 computed under Chapter 18.42 of the Carlsbad Municipal Code minus the credit as described
12 above.
4. The amount of the credit against the Traffic Impact Fee as adopted by Resolution
No. 91-196 is hereby superseded by the amount of credit established herein.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: Council Member Hall.
ABSENT: None.
>, Mayor
ATTEST: