HomeMy WebLinkAbout12-73 - Continuing Citywide Traffic Impact Fee and Annual ReviewRESOLUTION NO. 12-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, CONTINUING THE
CITYWIDE TRAFFIC IMPACT FEE FOR NEW
DEVELOPMENT IN THE CITY OF COSTA MESA AND
THE RELATED ANNUAL REVIEW OF THE CITYWIDE
TRAFFIC IMPACT FEE PROGRAM AND CAPITAL
IMPROVEMENT PLAN FOR TRANSPORTATION
IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, California Government Code Section 66000 et seq. enables cities
to charge fees for transportation facilities; and
WHEREAS, the City Council adopted Ordinance Nos. 93-11 and 97-11
authorizing the adoption of a traffic impact fee; and
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
WHEREAS, the City Council adopted Resolution Nos. 94-59, 95-35, 96-57, 97-
51, 98-64, 99-35, 00-52, 01-34, 02-27, 03-62, 04-59, 05-70, 06-85, 07-77, 08-81, 09-67,
10-70, and 11-42 to re-establish the traffic impact fee and to conduct an annual review
of the fee and capital improvement plans; and
WHEREAS, California Government Code Section 66001(d) requires the City
Council to make specified findings every five years with respect to any portion of the
traffic impact fees collected that remain unexpended or uncommitted in its account 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
WHEREAS, California Government Code Section 66002(b) also requires a
separate annual review of the City's capital improvement plan for improvements to be
paid for by the traffic impact fee; and
WHEREAS, California Government Code Section 66006(b) requires the City of
Costa Mesa to make available to the public, certain information, including but not
limited to the amount of the fee, the amount of fees collected and the interest earned
WHEREAS, the Public Services Department has conducted an audit of the
accounts for the traffic impact fee program and the audit is attached hereto as Exhibit
"A" and incorporated herein by this reference; and
WHEREAS, the Traffic Impact Fee Study was available for public inspection and
review fifteen (15) days prior to the public hearing held on October 16, 2012; and
WHEREAS, pursuant to Government Code Sections 66001, 66002, 66006, and
66018, notice was mailed to all interested parties on record fifteen (15) days prior to the
public hearing held on October 16, 2012; and
WHEREAS, the City Council conducted a public hearing on October 16, 2012,
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
WHEREAS, the City Council does hereby make the following findings based on
the 2002 General Plan, Environmental Impact Report No. 1049, the 2011 Traffic Impact
Fee Study, public testimony, opinions of its traffic engineers, and other evidence
received at the public hearing held on October 16, 2012:
1. The purpose of the fee is to fund transportation/circulation 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 2002 General Plan
and identified in Environmental Impact Report No. 1049, and to comply with eligibility
requirements of the Orange County Measure M Program; and
2. 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
3. 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
3
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 updated 2011 Traffic Impact Fee Study. 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 of Public Services
shall set the fee for public hearing and adjustment by City Council as required by
Government Code Section 66018.
4. The traffic impact fee shall be assessed upon all development projects
that have not received a building permit on or before August 6, 1993.
5. There is a need for a partial exemption from traffic impact fees consistent
with Resolution 99-2 to serve as an incentive to allow the private market the capability
of developing projects that result in community development consistent with the goals
and objectives of the Costa Mesa 2002 General Plan.
BE IT FURTHER RESOLVED that the City Council of the City of Costa Mesa,
California does hereby adopt an incentive for developments within Costa Mesa as
follows:
1. The traffic impact fee for all new residential, commercial and industrial
developments shall be assessed on an incremental basis as shown below:
Average Daily Trip Ends (ADT) Traffic Impact Fee
0 to 25 ADT $ 0/ADT
26 to 50 ADT for incremental trips exceeding 25 ADT $ 50/ADT
51 to 75 ADT for incremental trips exceeding 50 ADT $ 75/ADT
76 to 100 ADT for incremental trips exceeding 75 ADT $100/ADT
> 100 ADT for incremental trips exceeding 100 ADT $181/ADT
2. The above incremental assessment is also available for expansion or
modification of existing residential, commercial and industrial developments. However,
61
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 12-73 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 20th day of November, 2012, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
BEVER, LEECE, MENSINGER,
MONAHAN, RIGHEIMER
NOES:
COUNCIL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
NONE
ABSTAIN:
COUNCIL MEMBERS:
NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 21ST day of November, 2012.