HomeMy WebLinkAbout2013-01-29; City Council; 21115; Ameding Municipal Code Allow Deferal Impact FeesCITY OF CARLSBAD - AGENDA BILL 10
21.115 AMENDING MUNICIPAL CODE TO ALLOW FOR
THE DEFERRAL OF IDENTIFIED DEVELOPMENT
IMPACT FEES
DEPT. DIRECTOR
MTG. 1/29/13
AMENDING MUNICIPAL CODE TO ALLOW FOR
THE DEFERRAL OF IDENTIFIED DEVELOPMENT
IMPACT FEES
CITY ATTORNEY ^
DEPT. Clerk
AMENDING MUNICIPAL CODE TO ALLOW FOR
THE DEFERRAL OF IDENTIFIED DEVELOPMENT
IMPACT FEES CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-200. amending Title 13 (Sewers), Chapter 13.10; Title 15 (Grading and Drainage),
Chapter 15.08; Title 18 (Building code and Regulations), Chapter 18.42; Title 20 (Subdivisions), Chapter
20.44; Title 21 (Zoning), Chapters 21.85 and 21.90 regarding fees and fee deferrals.
ITEM EXPLANATION:
Ordinance No. CS-200 was introduced and first read at the City Council meeting held on January 8, 2013.
The second reading allows the City Council to adopt the ordinance which will become effective thirty days
after adoption. The City Clerk's Office will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,098 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBIT:
1. Ordinance No. CS-200.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.qov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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 of the 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 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 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, for the 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 sliall 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), for the 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 priorto 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 6ity, for any reason, fails to collect any or all fees prior to final
inspecfion, such fees shall remain the obligafion 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 forthe 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 resolufion 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 addifions shall only be paid prior to building
permit issuance, or, at the request of the applicant, deferred until all work required for final
inspecfion 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.
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 Carlsbad 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
Carlsbad 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
CELIAXBIREW0^
(SEAL)
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