HomeMy WebLinkAbout2008-04-22; City Council; NS-885; Updating the Traffic Impact fee...ORDINANCE NO. NS-885
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER
18.42, OF THE CARLSBAD MUNICIPAL CODE UPDATING
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The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTION 1: That Title 18, Chapter 18.42 of the Carlsbad Municipal Code is amended
by the revision of Section 18.42.050(a) to read as follows:
"18.42.050 Fee.
i (a) A traffic impact fee of three hundred fifty-three dollars for each average daily tripy
generated by a residential project and a traffic impact fee of one hundred forty-two dollars for each
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average daily trip generated by a commercial or industrial project, pursuant to Section
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18.42.020(e), shall be paid by the owner or developer prior to the issuance of any building permit
12 or occupancy permit for a project. Traffic impact fees shall be adjusted annually as part of the
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City's Capital Improvement Program budget process, by two percent or the annual percentage
change in the Caltrans Construction Costs Index, (12-Month Index), whichever is higher."
SECTION 2: That Title 18, Chapter 18.42 of the Carlsbad Municipal Code is amended
by the revision of Section 18.42.070 to read as follows:
"18.42.070 Use of Fees.17
(a) All of the fees collected for a commercial or industrial project shall be allocated to a
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circulation improvement account and shall be expended only to build or finance circulation
19 improvements serving the city.
20 (b) All of the fees collected for each newly constructed residential unit, excepting the
21 portion defined in paragraph (c), shall be allocated to a circulation improvement account and shall
22 be expended only to build or finance circulation improvements serving the city.
23 (c) A portion of the fees collected for newly constructed residential housing units,
24 excepting the fees collected for newly constructed housing units constructed for extremely low,
very-low, low and moderate income households as defined in California Health and Safety Code
Sections 50105, 50106, 50079.5 and 50093, during the forty year period starting July 1, 2008 shall
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be allocated to a separate circulation improvement sub account and shall be used to build or
27 finance circulation improvements to the Regional Arterial System as adopted by the Board of the
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1 San Diego Association of Governments. For the year from July 1 , 2008 to June 30, 2009, said
2 portion shall equal two thousand dollars per residential housing unit. Said portion 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 Caltrans Construction Costs Index, (12-Month Index), whichever4
is higher."
5 EFFECTIVE DATE: This ordinance was adopted at a noticed public hearing at which
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time the City Council of the City of Carlsbad also considered the Traffic Impact Fee Update Study
which study and associated information was available to the general public for a period of at least
fourteen (14) days prior to the public hearing. The fee established by this ordinance shall apply to
9 the issuance of any building permit, for any residential development issued sixty (60) days
10 following this ordinance's adoption and for all other types of development within sixty (60) days
following its adoption or upon June 30, 2008 whichever is later. The City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 8th day of April 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 22nd day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Packard and Nygaard.
NOES: Council Members Kulchin and Hall.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
?OIW.D R. BALL, City Attorney
CtAUDE A LEWIS, Mayor
ATTEST:
M. WOpD, fcity Clerk