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HomeMy WebLinkAbout2008-04-08; City Council; Resolution 2008-10316 17 18 RESOLUTION NO. 2008-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE CREDIT AGAINST THE TRAFFIC IMPACT FEE IMPOSED BY CHAPTER 18.42 OF THE CARLSBAD MUNICIPAL CODE FOR PROPERTIES WITHIN THE BOUNDARIES OF AND SUBJECT TO TAXATION BY 1 2 3 4 COMMUNITY FACILITY DISTRICT NO. 1. 5 WHEREAS, the Chapter 18.42 of the Carlsbad Municipal Code establishes the Traffic 6 Impact Fee for the City of Carlsbad; and 7 WHEREAS, the City Council of the City of Carlsbad has created Community Facilities 8 District No. 1 to provide a funding source for the purpose of financing public improvements, some 9 of which are funded from the Traffic Impact Fee established under Chapter 18.42 of the Carlsbad 10 Municipal Code; and WHEREAS, it is appropriate for properties within the boundaries of and subject to 12 taxation by the Community Facilities District No. 1 to receive a credit against the Traffic Impact 13 Fee to the extent that the projects funded through the Traffic Impact Fee are also funded through the Community Facilities District No. 1; and 15 WHEREAS, Section 18.42.050 of the Carlsbad Municipal Code establishes a credit against the Traffic Impact Fee for properties within the boundaries of a subject to taxation by Community Facilities District No. 1; and WHEREAS, on June 25, 1991, the City Council of the City of Carlsbad adopted 19 Resolution No. 91-196 establishing the amount of the credit against the Traffic Impact Fee 20 imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties with the boundaries of 21 and subject to taxation by the Community Facilities District No. 1; and 22 WHEREAS, the Traffic Impact Fee Program has been updated and therefore to retain 23 the same credit value the methodology for establishing the amount of the credit against the 24 Traffic Impact Fee must be revised. 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitals are all true and correct. 28 1 2. The properties included within the boundaries of Community Facilities District No. 1 2 that are subject to taxation by the District shall receive a credit against the Traffic Impact Fee 3 established under Chapter 18.42 of the Carlsbad Municipal Code to the extent projects funded 4 through the Traffic Impact Fee are funded through the Community Facilities District No. 1. 5 3. The amount of the credit against the Traffic Impact Fee shall be equal to $40 per average daily trip for residential units and $16 per average daily trip for commercial and industrial6 development. The amount of the credit 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 8 Caltrans Construction Costs Index, (12-Month Index), whichever is higher." The amount of the g Traffic Impact Fee due and payable for properties included within the boundaries of Community Facilities District No. 1 that are subject to taxation by the District shall be equal to the fee as 11 computed under Chapter 18.42 of the Carlsbad Municipal Code minus the credit as described 12 above. 4. The amount of the credit against the Traffic Impact Fee as adopted by Resolution No. 91-196 is hereby superseded by the amount of credit established herein. 15 16 17 18 19 20 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of April, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: Council Member Hall. ABSENT: None. >, Mayor ATTEST: