HomeMy WebLinkAbout2008-05-13; City Council; NS-890; Reducing the Traffic Impact Fee for one year...1
ORDINANCE NO. NS-890
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER
18.42, OF THE CARLSBAD MUNICIPAL CODE REDUCING
4 THE TRAFFIC IMPACT FEE FOR A PERIOD OF ONE YEAR.
5 The City Council of the City of Carlsbad, California, hereby ordains as follows:
6 SECTION 1: That Title 18, Chapter 18.42 of the Carlsbad Municipal Code is amended
7 by the amendment of Section 18.42.050(a) to read as follows:
"18.42.050 Fee.o
(a) The traffic impact fee of three hundred fifty-three dollars ($353) for each average
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daily trip generated by a residential project and a traffic impact fee of one hundred forty-two dollars
10 ($142) for each average daily trip generated by a commercial or industrial project, pursuant to
Section 18.42.020(e), and adopted by Ordinance No. NS-885 adopted April 22, 2008 and effective
12 June 30, 2008, shall be reduced for a one-year period from July 1, 2008 to June 30, 2009, to two
13 hundred forty dollars ($240) for each average daily trip generated by a single-family residential
14 project, two hundred ninety dollars ($290) for each average daily trip generated by a condominium
15 residential project, three hundred seventy-three dollars and thirty-four cents ($373.34) for each
average daily trip generated by a apartment residential project and ninety-six dollars ($96) for each16
average daily trip generated by a commercial or industrial project. Thereafter, the fees shall
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automatically revert to those amounts set forth at the beginning of this paragraph (a). The fees
18 shall be paid by the owner or developer prior to the issuance of any building permit or occupancy
19 permit for the project. The traffic impact fee shall be adjusted annually as part of the Capital
20 Improvement Program budget process, by two percent or the annual percentage change in the
21 Caltrans Construction Cost Index (12-month index), which ever is higher.
22 SECTION 2: That Title 18, Chapter 18.42 of the Carlsbad Municipal Code is amended
23 by the addition of Section 18.42.050(d) to read as follows:
(d) Commercial or industrial projects that have a grading permit application on file prior24
to April 8, 2008 and have obtained a building permit prior to September 30, 2008 shall pay a traffic
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impact fee of forty-six dollars ($46) for each average daily trip generated by a commercial or
26 industrial project.
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1 SECTION 3: That Title 18, Chapter 18.42 of the Carlsbad Municipal Code is amended
2 by the amendment of Section 18.42.070 to read as follows:
"18.42.070 Use of Fees.
(a) All of the fees collected for a commercial or industrial project shall be allocated to a4
circulation improvement account and shall be expended only to build or finance circulation
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improvements serving the city.
(b) All of the fees collected for each newly constructed residential unit, excepting the
7 portion defined in paragraph (c), shall be allocated to a circulation improvement account and shall
8 be expended only to build or finance circulation improvements serving the city.
9 (c) A portion of the fees collected for newly constructed residential housing units,
10 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
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finance circulation improvements to the Regional Arterial System as adopted by the Board of the
14 San Diego Association of Governments. For the year from July 1, 2008 to June 30, 2009, said
portion shall equal two thousand dollars per residential housing unit. Said portion shall be adjusted
16 annually as part of the City's Capital Improvement Program budget process, by two percent or the
17 annual percentage change in the Caltrans Construction Costs Index, (12-Month Index), whichever
is higher."
EFFECTIVE DATE: The Ordinance NS-885 was adopted at a noticed public hearing atI y
which 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
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least fourteen (14) days prior to the public meeting. The fee established by that ordinance applies
22 to the issuance of any building permit, for any residential, commercial or industrial development.
23 Ordinance No. NS-890 temporarily reduces the fee established by Ordinance No. NS-885 for a
one-year period and shall become effective on June 30, 2008. The City Clerk shall certify to the
25 adoption of this Ordinance and cause it to be published at least once in a publication of general
26 circulation within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 6th day of May. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 13th day of May. 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
R. BALL, City Attorney
ATTEST:
L0RR/UfJB M. W
/(SEAL)