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Home My WebLink About98-64 - Establishing a Traffic Impact Fee413 RESOLUTION NO. 98-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH A TRAFFIC IMPACT FEE PERTAINING TO NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND A RELATED CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: 1. WHEREAS, California Government Code Section 66000 et seq. enables cities to charge fees for transportation facilities; and 2. WHEREAS, the City Council adopted Ordinance Nos. 93-11 and 97-11 authorizing the adoption of a traffic impact fee; and 3. WHEREAS, the City Council adopted Resolution Nos. 93-43 and 93-53 to establish that the traffic impact fee shall be assessed upon all new development projects which have not received a building permit on or before August 6, 1993; and 4. WHEREAS, the City Council adopted Resolution Nos. 95-35, 96-57, and 97-51 to reestablish the traffic impact fee and conduct an annual review of the fee and capital improvement plan; and 5. WHEREAS, California Government Code Section 66001(d) requires the City Council to make findings once each fiscal year with respect to any portion of the traffic impact fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged; and 6. WHEREAS, California Government Code Section 66002(b) requires the City Council to review and annually update the capital improvement plan for improvements to be paid for by the traffic impact fee; and 7. WHEREAS, California Government Code Section 66006(b) requires the City of Costa Mesa to make available to the public the beginning and ending balance for the fiscal year for the traffic impact fee and the fee, interest, and other income and the amount of expenditure and refunds of the traffic impact fee by the City of Costa Mesa during the fiscal year; and 8. WHEREAS, the purpose of this resolution is to comply with the annual review responsibilities under the California Government Code; and 9. WHEREAS, the secondary purpose of this resolution is to reestablish 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 10. 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 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 414 to carry the increase in vehicles due to new commercial, industrial, and residential uses; and 11. WHEREAS, the City conducted a Citywide Traffic Impact Fee Study in 1993 and revised studies in 1996, 1997, and 1998 establishing the costs of public transportation facilities attributed to the development of new commercial, industrial, and residential uses and the revised 1998 study is attached as Exhibit A and incorporated herein; and 12. WHEREAS, the Public Services Department has conducted an audit of the accounts for the traffic impact fee program and the audit is attached as Exhibit B and incorporated herein; and 13. WHEREAS, the traffic study and audit were available for public inspection and review fourteen (14) days prior to this public hearing; and 14. WHEREAS, pursuant to Government Code Sections 66001, 66002, 66006, 66016, and 66018, notice was mailed to all interested parties on record fourteen (14) days prior to this public hearing; and 15. WHEREAS, the City Council conducted public hearings on June 15, 1998, received testimony and evidence from the developers in the City of Costa Mesa and has evaluated justification for establishment of the fee given economic and social factors, as well as average fees charged by surrounding cities; and 16. WHEREAS, the City Council, based on the 1990 General Plan, Environmental Impact Report No. 1044, and the Citywide Traffic Impact Fee Studies, public testimony, opinions of its traffic engineers, and other evidence received at the public hearings on May 17, 1993, May 21, 1993, June 7, 1993, June 6, 1994, May 1, 1995, May 20, 1996, June 17, 1996, June 2, 1997, June 16, 1997, and June 15, 1998, does hereby make the following additional findings: 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 Environmental Impact Report 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 transportation/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 transportation/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; and D. There does not exist any portion of the traffic impact fee imposed under Resolution Nos. 93-43, 94-59. 95-35, 96-57, and 97-51 remaining unexpended or uncommitted in the City of Costa Mesa accounts five or more years after the deposit 1 1 1 415 of the fee, and no refunds of the fee are required; and the capital improvement plan adopted by Resolution Nos. 93-43, 94-59, 95-35, 96-57, and 97-51 and set forth in Exhibit A remains adequate to provide the facilities for which the traffic impact fee is charged and does not need to be amended; and the audit by the Public Services Department set forth in Exhibit B accurately reflects the balance of the traffic impact fee account on the fees collected, interest, and other income and amount of expenditure and refunds of the traffic impact fee by the City of Costa Mesa during the fiscal year; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, does hereby adopt a traffic impact fee and traffic impact fee regulations as follows: 1. The traffic impact fee shall be a fee of $150.00 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 requirements of Ordinance Nos. 93-11 and 97-11. 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 August 6, 1993. BE IT FURTHER RESOLVED that the City Council of the City of Costa Mesa, California, does hereby adopt the comprehensive transportation/circulation system capital improvement plan as identified in the Citywide Traffic Impact Fee Study attached as Exhibit A, pursuant to Government Code Section 66002. PASSED AND ADOPTED this 15th day of June, 1998. i Mayor of the City ofs Mesa ATTEST: Deputy City T rk of the City of Costa Mesa 416 STATE OF CALIFORNIA 1 COUNTY OF ORANGE 1 ss CITY OF COSTA MESA 1 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. 98-64 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 15th day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of June, 1998. Deputy Ci Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" IS ON FILE IN THE CITY CLERK'S OFFICE. 1 'J 1 41'7 CITY OF COSTA MESA EXHIBIT B CITY—WIDE TRAFFIC IMPACT FEE ACCOUNT Fund Balance as of April 30, 1998 FISCAL YEAR 1993/94 Beginning Fund Balance, collection from August 6, 1993 0 1. Revenues Traffic Impact fees $65,930 Invedtment Earnings $ 3,089 Revenue subtotal $69,019 2. Expenditures 0 Fund Balance June 30, 1994 $69,019 3. Refunds Amount of funds unexpended or uncommitted after 5 years 0 4. Administration Costs Amount charged to account 0 S. Closing Balance June 30, 1994 $69,019 FISCAL YEAR 1994/95 Beginning Fund Balance July 1, 1994 69,019 1. Revenues Traffic Impact fees $85,498 Investment Earnings $ 9,071 Revenue subtotal $94,569 2. Expenditures 0 Fund Balance June 30, 1995 $163,588 3. Refunds Amount of funds unexpended or uncommitted after 5 years 0 4. Administration Costs Amount charged to account 0 5. Closing Balance June 30, 1995 $163,588 Exhibit "B" Resolution No. 98-64 Page 1 of 3 CITY OF COSTA MESA CITY—WIDE TRAFFIC IMPACT FEE ACCOUNT Fund Balance as of April 30, 1998 FISCAL YEAR 1995/96 Beginning Fund Balance July 1, 1995 $163,588 1. Revenues Traffic Impact fees $826,793 Investment Earnings $ 56,846 Revenue subtotal $883,639 2. Expenditures 0 Fund Balance June 30, 1996 $1,047,227 3. Refunds Amount of funds unexpended or uncommitted after 5 years 0 4. Administration Costs ' Amount charged to account 0 5. Closing Balance June 30, 1996 $1,047,227 FISCAL YEAR 1996/97 Beginning Fund Balance July 1, 1996 $655,925 1. Revenues Traffic Impact fees $113,127 Investment Earnings $ 61,658 Revenue subtotal $174,785 2. Expenditures 0 Fund Balance June 30, 1997 $830,710 3. Refunds Amount of funds unexpended or uncommitted after 5 years 0 4. Administration Costs Amount charged to account 0 5. Closing Balance June 30, 1997 $830,710 * Fund Balance corrected for posting error of fees paid by Auto Club Exhibit "B" Resolution No. 98-64 Page 2of3 L� I CITY OF COSTA MESA CITY—WIDE TRAFFIC IMPACT FEE ACCOUNT Fund Balance as of April 30, 1998 FISCAL YEAR 1997/98 Beginning Fund Balance July 1, 1997 1. Revenues Traffic Impact fees $690,175 Investment Earnings $ 30,380 Revenue subtotal 2. Expenditures Capital $19,847 Project Appropriations $89,153 Expenditures subtotal Fund Balance April 30, 1998 3. Refunds Amount of funds unexpended or uncommitted after 5 years 4. Administration Costs Amount charged to account 5. Projected Balance June 30, 1998 Exhibit "B" Resolution No. 98-64 Page 3 of 3 $830,710 $720,555 $109,000 $1,442,265 0 $1,442,265 re me_�