HomeMy WebLinkAbout94-59 - Establishing a Traffic Impact Fee124
RESOLUTION NO. 94-59
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 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, on May 17, 1993, the City Council adopted Ordinance 93-11
authorizing the adoption of a traffic impact fee; and
3. WHEREAS, on June 7, 1993, the City Council adopted Resolution No. 93-43 to
establish a traffic impact fee pertaining to new development in the City of Costa Mesa and
related capital improvement plan for transportation improvements; and
4. WHEREAS, on June 21, 1993, the City Council adopted Resolution No. 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.
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 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 improvements 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 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
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11. WHEREAS, the City conducted a Citywide Traffic Impact Fee Study in 1993
establishing the costs of public transportation facilities attributed to the development of new
commercial, industrial, and residential uses and the study remains accurate as of May, 1994, and
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 a public hearing on June 7, 1993, and
June 6, 1994, 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 and Environmental
Impact Report 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, June 7, 1993, and June 6, 1994, does hereby make the following additional
findings:
A. The purpose of the fee is to fund circulation/ transportation
improvements with 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 No. 93-43 remaining unexpended or uncommitted in the City
of Costa Mesa accounts five or more years after the deposit of the fee, and no
refunds of the fee are required; and the capital improvements plan adopted by
Resolution No. 93-43 and set forth in Exhibit A remains adequate to provide the
facilities for which the traffic impact fee is charges and does not need to be
amended; and the audit by the Public Services Department set forth in Exhibit B
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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 $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 § 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
improvements plan, as identified in the Citywide Traffic Impact Fee Study attached as Exhibit
A, pursuant to Government Code Section 66002.
PASSED AND ADOPTED this 20th day of June, 1994.
Mayor of the City of Costa Mesa
ATTEST:
Deputy Ci t
Clerk 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. 94-59 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the 20th day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 21st day of June, 1994.
Deputy Citylerk and ex -officio Clerk of
the City Cou cit of the City of Costa Mesa
1
Irw
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EXHIBIT "A" IS ON FILE IN THE CITY CLERK'S OFFICE
C = ZY OF COSTA MESA
C=Z'Y—W=DE JC12AFF= C IMPACT FEE ACCOUNT
Fund Balance as of May 6, 1994
Beginning Fund Balance, collection from August 6, 1993
1. Revenues
Traffic Impact fees
Investment Earnings
Revenue subtotal
2. Expenditures
Fund Balance May 6, 1994
3. Refunds
Amount of funds unexpended
or uncommitted after 5 years
4. Administration Costs
Amount charged to account
5. Projected Balance June 6, 1994
$46,349
$ 1,645
0
$47,994
0
$47,994
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Resolution No. 94-59 EXHIBIT B
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