HomeMy WebLinkAbout2015-03-18; Planning Commission; Resolution 7089
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS
TO ZONING ORDINANCE CHAPTERS 21.85 (INCLUSIONARY HOUSING)
AND 21.90 (GROWTH MANAGEMENT) TO MAKE THE DEFERRAL OF
DEVELOPMENT IMPACT FEES A PERMANENT PROGRAM.
CASE NAME: DEVELOPMENT IMPACT FEE DEFERRAL PROGRAM
AMENDMENT
CASE NO.: ZCA 12-01(A)
WHEREAS, the Planning Commission, at its December 5, 2012, meeting, adopted Planning
Commission Resolution No. 6935 that recommended approval of an amendment to Title 21 establishing
a two-year development impact fee deferral program; and
WHEREAS, the City Council, at its January 8, 2013, meeting, adopted Ordinance CS-200
that amended Titles 13, 15, 18, 20 and 21 of the Municipal Code, thereby establishing the two-year
development impact fee deferral program; and
WHEREAS, the City Planner has prepared a Zone Ordinance Amendment (ZCA 12-01(A))
pursuant to Zoning Ordinance Section 21.52.020 to amend Zoning Ordinance chapters 21.85
(Inclusionary Housing) and 21.90 (Growth Management) to make the deferral of development impact
fees a permanent program; and
WHEREAS, the proposed Zoning Ordinance Amendment (ZCA 12-01(A)) is set forth in the
draft City Council Ordinance, Exhibit “X” dated March 18, 2015, and attached hereto as DEVELOPMENT
IMPACT FEE DEFERRAL PROGRAM AMENDMENT – ZCA 12-01(A)/MCA 15-01; and
WHEREAS, amendment of a program to defer development impact fees requires
amendment of Municipal Code titles including and in addition to Title 21 (Zoning Ordinance); and
WHEREAS, only the amendments proposed to Carlsbad Municipal Code Title 21 (Zoning
Ordinance) and shown in Exhibit “X” dated March 18, 2015, attached hereto, are subject to the Planning
Commission’s review and recommendation; and
WHEREAS, the Planning Commission did on March 18, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7089
PC RESO NO. 7089 -2-
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
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desired to be heard, said Commission considered all factors relating to
Zoning Ordinance Amendment – ZCA 12-01(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of ZCA 12-01(A) – DEVELOPMENT IMPACT FEE DEFERRAL
PROGRAM AMENDMENT, based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 12-01(A) is consistent with the General Plan in
that making the deferral of development impact fees a permanent program does not conflict
with any goal, objective or policy of the General Plan. The General Plan Land Use Element
contains goals and policies relevant to the collection of development impact fees. Growth
Management and Public Facilities goals (A.1 and A.2) require the city to ensure public facilities
and services are timely provided, adequate, and properly maintained to preserve the quality of
life and serve the projected population. Furthermore, a related General Plan policy (C.3) states
the city shall ensure funding for necessary public service and facilities is guaranteed before any
development approvals. With regard to housing, the Land Use Element (Residential Goal A.1)
and Housing Element (Goal 2) establish the provision of housing affordable to all economic
segments.
ZCA 12-01(A) does not remove the obligation or guarantee to pay such fees, which fund public
improvements and affordable housing. Instead, it only permits the continuation of an existing
program that allows the delay in the payment of fees upon an applicant’s request.
Based on implementation of the Development Impact Fee Deferral program since January 2013,
5% of residential and 32% of commercial/industrial permit fees were deferred; the average
length of deferral has been 158 days (approximately 5 months). Since the city maintains
adequate reserves to fund public facilities and services, the fee deferral has not significantly
impaired the city’s ability to ensure the timely and adequate provision of public facilities and
services necessary to maintain a desirable quality of life.
2. That the proposed Zone Code Amendment ZCA 12-01(A) reflects sound principles of good
planning in that it is consistent with the General Plan as described above. The program is
proposed to become permanent because it offers flexibility in how fees are paid and does not
negatively impact staff’s administration of the fee collection process. Additionally, ZCA 12-
01(A) is minor and primarily non-substantive in nature. It simply makes an existing two-year fee
deferral program permanent. Additionally, it is consistent with other provisions of the Zoning
Ordinance not being amended.
3. That the proposed Zone Code Amendment ZCA 12-01(A) does not require a Local Coastal
Program Amendment because it does not affect standards regulating the use of buildings,
structures, and land and therefore is not considered an amendment to a zoning ordinance for
the purposes of Government Code Section 65850 and Public Resources Code Section 30122,
which define a zoning ordinance for local coastal program purposes.
Exhibit “X”
March 18, 2015
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
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 13, CHAPTER
13.10; TITLE 15, CHAPTER 15.08; TITLE 18, CHAPTER 18.42;
TITLE 20, CHAPTER 20.44; TITLE 21, CHAPTERS 21.85 AND
21.90, REGARDING FEES AND FEE DEFERRALS
The City Council of the City of Carlsbad ordains as follows:
SECTION I: That Title 13, Chapter 13.10, section 13.10.100 of the Carlsbad
Municipal Code is hereby amended to read as follows:
13.10.100 Fee Deferral
Notwithstanding anything in Chapter 13.10 to the contrary, all Sewer
Capacity and Sewer Benefit Area fees for any residential development that consists of five
or more dwelling units and for all new commercial, office, and industrial buildings or
building additions shall only be paid prior to building permit issuance, or, at the request of
the applicant, deferred until all work required for final inspection has been completed and
all department approvals required for final inspection have been obtained by the applicant.
If the applicant chooses to defer the payment of fees to prior to the request
for final inspection, then the amount of the fees shall be based on the fees in effect at the
time of the request for final inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION II: That Title 15, Chapter 15.08, section 15.08.110 of the Carlsbad
Municipal Code is hereby amended to read as follows:
15.08.110 Fee Deferral
Notwithstanding anything in Chapter 15.08 to the contrary, all planned local
drainage area fees for any residential development that consists of five or more dwelling
units and for all new commercial, office, and industrial buildings or building additions shall
only be paid prior to building permit issuance, or, at the request of the applicant, deferred
until all work required for final inspection has been completed and all department approvals
required for final inspection have been obtained by the applicant.
If the applicant chooses to defer the payment of fees to prior to the request
for final inspection, then the amount of the fees shall be based on the fees in effect at the
time of the request for final inspection.
ORDINANCE NO._________
Exhibit “X”
March 18, 2015
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
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION III: That Title 18, Chapter 18.42, section 18.42.0509d) of the
Carlsbad Municipal Code is hereby amended to read as follows:
18.42.050(d) Fee
(d) Notwithstanding 18.42.050(a), all traffic Impact fees for any residential
development that consists of five or more dwelling units and for all new commercial, office,
and industrial buildings or building additions shall only be paid prior to building permit
issuance, or, at the request of the applicant, deferred until all work required for final
inspection has been completed and all department approvals required for final inspection
have been obtained by the applicant. If the applicant chooses to defer the payment of fees
to prior to the request for final inspection, then the amount of the fees shall be based on
the fees in effect at the time of the request for final inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION IV: That Title 20, Chapter 20.44, section 20.44.140 of the Carlsbad
Municipal Code is hereby amended to read as follows:
20.44.140 Fee Deferral
Notwithstanding anything in Chapter 20.44 to the contrary, all park in-lieu
fees for any residential development that consists of five or more dwelling units shall only
be paid prior to building permit issuance, or, at the request of the applicant, deferred until
all work required for final inspection has been completed and all department approvals
required for final inspection have been obtained by the applicant.
If the applicant chooses to defer the payment of fees to prior to the request
for final inspection, then the amount of the fees shall be based on the fees in effect at the
time of the request for final inspection.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
SECTION V: That Title 21, Chapters 21.85 and 21.90, sections 21.85.195 and
21.90.195 of the Carlsbad Municipal Code is hereby amended to read as follows:
Exhibit “X”
March 18, 2015
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
21.85.195 Fee Deferral
Notwithstanding anything in Chapter 21.85 to the contrary, all housing in-
lieu and housing impact fees for any residential development that consists of five or more
dwelling units shall only be paid prior to building permit issuance, or, at the request of the
applicant, deferred until all work required for final inspection has been completed and all
department approvals required for final inspection have been obtained by the applicant.
The amount of the fees shall be based on the fees in effect at the time of the
request for the final inspection, not the time of building permit issuance.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
21.90.195 Fee Deferral
Notwithstanding anything in Chapter 21.90 and any resolution of the city
council to the contrary, all fees subject to this chapter for any residential development that
consists of five or more dwelling units and all new commercial, office, and industrial
buildings or building additions shall only be paid prior to building permit issuance, or, at the
request of the applicant, deferred until all work required for final inspection has been
completed and all department approvals required for final inspection have been obtained
by the applicant.
The amount of the fees shall be based on the fees in effect at the time of the
request for the final inspection, not the time of building permit issuance.
In the event that the city, for any reason, fails to collect any or all fees prior
to final inspection, such fees shall remain the obligation of the developer and/or the
property owner.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full
text of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 2015, and thereafter.
Exhibit “X”
March 18, 2015
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
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
Celia A. Brewer, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGELSON, City Clerk