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Suing Bakersfield: Pork hits fan?
As expected, homebuilders are suing the city over traffic impact fees.
(Click on the blue box to download a PDF version of the 23-page complaint.)
Technical aspects of the state Mitigation Fee Act form the heart of allegations the program isn't legally sound.
The revised fee schedule, for example, is based on traffic/growth projections through 2035, but the city and county's existing metro General Plan — which is supposed to be consistent with the impact fee program — only goes to 2020.
Why do you care?
The city needs the money to cover matching funds for the Thomas roads money. Some councilmembers have admitted in public meetings that if locals had passed a half-cent sales tax, the fee dispute wouldn't be going on.
State law, though, lays out requirements for collecting impact fees specifically so cities and counties DON'T use them as a "special tax" — which requires 2/3s voter approval.
If homebuilders successfully torpedo the higher fees? That's a long way off, but it could cut seriously into local general fund dollars.
Developing...
- Gretchen Wenner, staff writer
1 comments from 1 users
1
posted by
ProgressivePete2
on Aug 5, 2009 at 11:03 AM
Why are we still building new homes when there are 1 or 2 homes on nearly every street in town for sale?
1
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