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Home My WebLink About2008-05-13; City Council; 19446; Traffic impact fee updateCITY OF CARLSBAD - AGENDA BILL AB# 19.446 MTG. 05/13/08 DEPT. CA TRAFFIC IMPACT FEE UPDATE DEPT. HEAD CITY ATTY. jg>C CITY MGR. (JL* — - RECOMMENDED ACTION: Adopt Ordinance No. NS-890 amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a year period and including grandfathering provisions. ITEM EXPLANATION: Ordinance No. NS-890 was introduced and first read at the City Council meeting held on May 6, 2008. The second reading allows the City Council to adopt the ordinance, which would then become effective on June 30, 2008. The City Clerk will have the ordinance published within fifteen days, if adopted. At its meeting of May 6, 2008, the Council received a staff analysis, public comment and written documentation and correspondence, and after careful deliberations unanimously introduced the ordinance with the additional provision that commercial or industrial projects that have a grading permit application, rather than a building permit application, on file prior to April 8, 2008 and obtain a building permit prior to September 30, 2008 shall pay a traffic impact fee of $46 (forty six dollars) per average daily trip (ADT). The Council also directed staff to study and report on the Traffic Impact Fee Program including an analysis of future necessary and appropriate road segments. The Council further expressed its intent for staff to hold workshops for the development community and the public in order to receive input and consider the ideas and suggestions discussed at the meeting of May 6, 2008 and with an eye towards holding a council workshop on these issues by the end of September. The Ordinance will become effective on June 30, 2008. FISCAL IMPACT: The one year reduction in Traffic Impact Fees will result in a reduction of revenue to the program in an amount dependent on the number of building permits issued for residential, commercial and industrial development during that time period. Based on current development projections it is estimated that the reduction in fee revenues resulting from this one year reduction in fees would be on the order of $1,000,000. The implementation of the grandfathering provision which is based on projects having applied for a grading permit by April 8, 2008 and having obtained a building permit by September 30, 2008 will result in a reduction in fee revenue during the period from June 30, 2008 to September 30, 2008. It is estimated that the reduction in fee revenues resulting from this grandfathering provision would be on the order of $2,000,000. FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED rf D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D DEPARTMENT CONTACTS:Ron Ball, 760-434-2801, rball@ci.carlsbad.ca.us Marshall Plantz, 760-602-2766, mplan@ci.carlsbad.ca.us ENVIRONMENTAL IMPACT: The Planning Director has determined that the 2008 Traffic Impact Fee program update and the fee increase does not constitute a "project" and, therefore, is not subject to review under the California Environmental Quality Act. The temporary reduction in fees represented by this Ordinance is similarly not a "project". The roadways included in the program are part of the roadway network and included in the Circulation Element of the Carlsbad General Plan and will be subject to environmental review and approval pursuant to CEQA and/or the National Environmental Policy Act, as appropriate. EXHIBITS: 1. Ordinance No. NS-890 1 ORDINANCE NO. NS-890 2" 3 4 5 6 7 by the amendment of Section 18.42.050(a) to read as follows: '18.42.050 Fee. (a) The traffic impact fee of three hundred fifty-three dollars ($353) for each average 9 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 11 Section 18.42.020(e), and adopted by Ordinance No. NS-885 adopted April 22, 2008 and effective AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.42, OF THE CARLSBAD MUNICIPAL CODE REDUCING THE TRAFFIC IMPACT FEE FOR A PERIOD OF ONE YEAR. 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 June 30, 2008, shall be reduced for a one-year period from July 1, 2008 to June 30, 2009, to two hundred forty dollars ($240) for each average daily trip generated by a single-family residential project, two hundred ninety dollars ($290) for each average daily trip generated by a condominium residential project, three hundred seventy-three dollars and thirty-four cents ($373.34) for each 12 13 14 15 n 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 17 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 1Q permit for the 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), which ever is higher. SECTION 2: That Title 18, Chapter 18.42 of the Carlsbad Municipal Code is amended by the addition of Section 18.42.050(d) to read as follows: 20 21 22 23 n (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 25 impact fee of forty-six dollars ($46) for each average daily trip generated by a commercial or 26 industrial project. 27" 28 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 a 4 circulation improvement account and shall be expended only to build or finance circulation 5 improvements serving the city. o (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 12 be allocated to a separate circulation improvement sub account and shall be used to build or 13 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 15 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 18 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 Update20 Study which study and associated information was available to the general public for a period of at 21 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 24 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. 27 /// 28 I 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 6th day of May. 2008, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the 13th day of May. 5 2008, by the following vote to wit: 6 AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. 7 NOES: None. 8 ABSENT: None. 9 ABSTAIN: None. 10 1 1 APPROVED AS TO FORM AND LEGALITY 12 rA !3 K-J— ^ O f\o^ . . RONALD" R. BALL, City Attorney 14 £7/*/e*' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Z.O /)/? It/i/ i /t\ /2 ^Ulrl/^r^CLAUDE A LEWTS, M&yfl/" V ATTEST: / Q/^cvC JL^^ LjfrRRAlfMB M. WOOD, City Cl^fk^ ^ / ^*~' \^ d R A /^ t J //r\r A i \ ^ »o^ ••*•••••• & */(SEAL) /oV»«"\*^\*V% 7/""'"»^ 1