HomeMy WebLinkAbout2013-01-29; City Council; CS-200; Development Impact Fee Deferral...7
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ORDINANCE NO. CS-200
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.
CASE NAME: DEVELOPMENT IMPACT FEE DEFERRAL
The City Council ofthe City of Carlsbad ordains as follows:
SECTION I: That Title 13, Chapter 13.10 ofthe Carlsbad Municipal Code is hereby
amended by the addition of Section 13.10.100 to read as follows:
13.10.100 Fee Deferral
Notwithstanding anything in Chapter 13.10 to the contrary, for the period March 1,
2013 to March 1, 2015, 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 buiiding 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 of the Carlsbad Municipal Code is
hereby amended by the addition of Section 15.08.110 to read as follows:
15.08.110 Fee Deferral
Notwithstanding anything in Chapter 15.08 to the contrary, forthe period March 1,
2013 to March 1, 2015, 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.
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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 ofthe developer and/or the property owner.
SECTION III: That Title 18, Chapter 18.42, Section 18.42.050 of the Carlsbad
Municipal Code is hereby amended to read as follows:
18.42.050 Fee
(a) A traffic impact fee of two hundred sixty-five dollars for each average daily trip
generated by a residential project and a traffic impact fee of one hundred six dollars for each
average daily trip generated by a commercial or industrial project, pursuant to Section
18.42.020(e), shall be paid by the owner or developer prior to issuance of any building permit or
occupancy permit for a project. The traffic impact fee shall be adjusted annually as part of the
Capital Improvement Program budget process, by two percent or the annual percentage change in
the Caltrans Construction Cost Index (12-month index), whichever is higher.
(b) In lieu of payment of all or part of the fee the project owner or developer may
offer to construct or fund circulation improvements to the satisfaction of the city council, other than
circulation improvements required by any other law, approval or city action. If such offer is
accepted by the city council, any amount expended by the project owner or developer shall be
credited against the fee. If the offer is rejected the fee shall be paid. The offer shall be made at the
time of consideration of any discretionary planning or subdivision permit or approval, or if no such
permit or approval is required then before building permit application is filed.
(c) The city council shall give a credit toward the fee imposed by this chapter for
properties within the boundaries of and subject to taxation by community facilities district number
one. The amount of such credit shall be determined by the city council and established by
resolution.
(d) Notwithstanding 18.42.050(a), forthe period March 1, 2013 to March 1, 2015,
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 ofthe developer and/or the property owner.
SECTION IV: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is
hereby amended by the addition of Section 20.44.140 to read as follows:
20.44.140 Fee Deferral
Notwithstanding anything in Chapter 20.44 to the contrary, for the period from
March 1, 2013 to March 1, 2015, 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.
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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 ofthe developer and/or the property owner.
SECTION V: That Title 21, Chapters 21.85 and 21.90 of the Carlsbad Municipal
Code is hereby amended by the addition of Sections 21.85.195 and 21.90.195 to read as follows:
21.85.195 Fee Deferral
Notwithstanding anything in Chapter 21.85 to the contrary for the period from March
1, 2013 to March 1, 2015, 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 ofthe developer and/or the property owner.
21.90.195 Fee Deferral
Notwithstanding anything in Chapter 21.90 and any resolution ofthe City Council to
the contrary for the period between March 1, 2013 to March 1, 2015, 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.
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INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 8*" day of January, 2013, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 29* day of January 2013, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Blackbum, Douglas.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
^r<^ f JL CELIA A. BREWERTCity Attomey
tant City Clerk
(SEAL)
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CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-200
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance No. CS-200 is to be considered
at the City Council Meeting to be held on the 29th day of January
2013.
2.) That a certified copy of the full text of Ordinance No. CS-200 was
posted in the City Clerk's Office on the 24th of January, 2013.
3.) That a summary of the Ordinance was published in the
UT/North County Times on the 25th day of January, 2013.
DONNA HERATY, Deput rty Clerk.
Dated: January 24, 2013
(Seal)
• ....... • ' Nk, *
/1111
Certification of Posting and Publication of Ordinance No. CS-200
Page 2
4.) That Ordinance No.CS-200 was adopted on the 29th day of
January, 2013.
5.) That a certified copy of the full text of Ordinance No. CS-200
showing the names of those who voted in favor and against the
Ordinance was posted in the City Clerk's Office on the 8thth
day of February, 2013.
6.) That a summary of the Ordinance, showing the names of those who voted
in favor of and against the Ordinance was published in the Coast News on
the 8th day of February, 2013
DONNA HERATY, Deputy City4Clerk
Dated: February 8, 2013.
(Seal)
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