HomeMy WebLinkAbout93-43 - Capital Improvement Plan for Transportaion Improvements104
RESOLUTION NO. 93-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ESTABLISHING A TRAFFIC
IMPACT FEE PERTAINING TO NEW DEVELOPMENT IN
THE CITY OF COSTA MESA AND RELATED CAPITAL
IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVE-
MENTS.
SECTION 1. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY FIND, DECLARE, AND RESOLVE AS FOLLOWS:
1. WHEREAS, California Government Code Section 66000 et seq. enables cities to
charge fees for transportation facilities; and
2. WHEREAS, on May 17, 1993, the City Council adopted Ordinance No. 93-11,
authorizing the adoption of a traffic impact fee; and
3. WHEREAS, the primary purpose of this resolution is to require developers of new
commercial, industrial, and residential uses in the City of Costa Mesa to pay a fee which is
related directly to the incremental financial burden imposed upon the City transporta-
tion/circulation system; and
4. WHEREAS, the secondary purpose of this resolution is to establish a traffic
impact fee program to enable the City of Costa Mesa to comply with the eligibility requirements
of the Orange County Measure M Program; and
5. WHEREAS, the traffic impact fee is necessary because new development will
bring an increased need for public transportation/circulation facilities in the City of Costa Mesa
during peak periods and throughout the remainder of the day; the City transportation/circulation
system will be burdened by the demands of carrying the vehicles of a larger number of persons
and cargo due to new commercial, industrial and residential uses; the 1990 General Plan and
Environmental Impact Report No. 1044 indicate that the development of new commercial,
industrial, and residential uses is expected to exceed current commercial, industrial, and
residential uses and that the City transportation/circulation systems will need to be increased in
capacity to carry the increase in vehicles due to new commercial, industrial, and residential uses;
and
6. WHEREAS, the City conducted a Citywide Traffic Impact Fee Study establishing
the costs of public transportation facilities attributed to the development of new commercial,
industrial, and residential uses and the study is attached as Exhibit "A" and incorporated herein;
and
7. WHEREAS, this study was available for public inspection and review fourteen
(14) days prior to this public hearing; and
8. WHEREAS, pursuant to Government Code Sections 66016 and 66018, notice was
mailed to all interested parties on record fourteen (14) days prior to this public hearing; and
9. WHEREAS, the City Council conducted a public hearing on June 7, 1993,
received testimony and evidence from the developers in the City and has evaluated justification
for establishment of the fee given economic and social factors, as well as average fees charged
by surrounding cities; and
10. WHEREAS, the City Council, based on the 1990 General Plan and EIR No. 1044
and the Citywide Traffic Impact Fee Study, public testimony, opinions of its traffic engineers,
and other evidence received at the public hearings on May 17, 1993, May 21, 1993, and June
7, 1993, does hereby make the following additional findings:
A05
A. The purpose of the fee is to fund circulation/transportation improvements
within the City of Costa Mesa which are related directly to the incremental traffic/vehicle
burden imposed upon the City transportation/circulation system by the development of
new commercial, industrial and residential uses as permitted by the 1990 General Plan
and identified in EIR No. 1044, and to comply with eligibility requirements of the
Orange County Measure M Program; and
B. There is a reasonable relationship between the traffic impact fee's use and
the development projects on which the fee is imposed, because the transporta-
tion/circulation facilities funded by the fee are needed to accommodate the incremental
new traffic/vehicle burdens generated by the development of new commercial, industrial,
and residential uses upon which the fee is imposed; and
C. There is a reasonable relationship between the need for the transporta-
tion/circulation facilities and the development of new commercial, industrial, and
residential projects upon which the fee is imposed, because the new development projects
paying the fee will receive a direct benefit from the transportation/circulation facilities
funded by the fee; the transportation/circulation facilities funded by the fee will increase
traffic/vehicle circulation capacity on streets and highways directly burdened by the
increase in traffic/vehicles generated by new development projects upon which the fee
is charged; the cost of transportation/circulation facilities attributed to existing
deficiencies, existing land uses and population, excess and reserve capacity, and regional
transportation needs have been excluded from the fee calculation, and such costs are not
included in the fee to be paid by development;
SECTION 2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Costa Mesa does hereby adopt a traffic impact fee and traffic impact fee regulations as
follows:
1. The traffic impact fee shall be a fee of $228.00 per each new average daily
vehicle trip end generated by all new commercial, industrial, and residential developments on
a Citywide basis.
2. The traffic impact fee established pursuant to this resolution shall be collected and
administered to comply with all of the requirements of Ordinance No. 93-11.
3. Once the fee is deposited with the Finance Department of the City of Costa Mesa,
the fee shall be deposited in an account separate from the General Fund with interest thereon
deposited back to such account. Records of the deposits, interest, expenditures, and refunds of
the fees in the account shall be maintained by the Finance Department pursuant to Government
Code Sections 66001 and 66006. The fee shall be used only for those transportation/circulation
improvements and services identified in the Citywide Traffic Impact Fee Study attached as
Exhibit A. The fee shall be subject to review by the Director of Public Services every twelve
(12) months to determine that the fee does not exceed the cost of transportation/circulation
improvements to accommodate the traffic/vehicles generated by new commercial, industrial, and
residential development that pay the fee. Should the fee require adjustment, the Director shall
set the fee for public hearing and adjustment by City Council as required by Government Code
Section 66016. Once each fiscal year, the City Council shall make findings with respect to any
portion of the fee remaining unexpended or uncommitted in its account five or more years after
deposit of the fee as required by Government Code Section 66001.
4. The traffic impact fee shall be assessed upon all development projects which have
not received a building permit on or before June 7, 1993.
SECTION 3. BE IT FURTHER RESOLVED that the City Council of the City of Costa
Mesa does hereby adopt the comprehensive transportation/circulation system capital
improvements plan, as identified in the Citywide Traffic Impact Fee Study attached as Exhibit
A, pursuant to Government Code Section 66002.
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PASSED AND ADOPTED this 7th day of June, 1993.
Mayor of the City of Costa Mesa
ATTEST:
Deputy City Jerk of the City of Costa Mesa
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA }
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93-43 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 7th day of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 8th day of June, 1993.
Deputy Ci Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa
SEE THE BINDER CONTAINING EXHIBIT "A"
AND MARKED FOR BOOK NO. 29