HomeMy WebLinkAbout01-34 - Re-Establish a Traffic Impact FeeRESOLUTION NO. 0 /- �
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, TO RE-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. 94-59, 95-35,
96-57, 97-51, 98-64, 99-35, and 00-52 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
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, 1998, 1999, and 2000, establishing the
costs of public transportation facilities attributed to the development of new
commercial, industrial, and residential uses; 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 A
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, 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 4,
2001, 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,
June 15, 1998, June 7, 1999, June 5, 2000, June 19, 2000, and June 4, 2001,
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, 97-51, 98-64, 99-35, and 00-52
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 improvement plan adopted by Resolution Nos. 93-43, 94-59, 95-35,
96-57, 97-51, 98-64, 99-35, 00-52 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 A 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 $195.00 per each new average
daily vehicle trip end generated by all new commercial, industrial, and residential
developments in District No. 1, and $149.00 per each new average daily vehicle trip
end generated by all new commercial, industrial, and residential developments in
District No. 2 (see Exhibit B for district boundaries).
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 1998 Citywide 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 shall set the fee for public hearing and
adjustment by City Council as required by Government Code Section 66018. 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.
5. There is a need for a partial exemption from traffic impact fees
consistent with Resolution 00-52 to serve as an incentive to allow the private market
the capability of developing projects which result in community development
consistent with the goals and objectives of the Costa Mesa 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 Traffic Impact Fee
(ADT) District No. 1 District No. 2
0 to 25 ADT $ 0/ADT $ 0/ADT
26 to 50 ADT for incremental trips exceeding 25 ADT $ 50/ADT $ 50/ADT
51 to 75 ADT for incremental trips exceeding 50 ADT $ 75/ADT $ 75/ADT
76 to 100 ADT for incremental trips exceeding 75 ADT $100/ADT $100/ADT
> 100 ADT for incremental trips exceeding 100 ADT $195/ADT $149/ADT
2. The adopted incentives for developments in the Newport Boulevard
Specific Plan area would continue to be in effect but shall only be applicable for
projects which generate more than 100 new average daily trip ends.
3. The incentive for new developments shall be effective until June 30,
2002, or the next annual review of the traffic impact fee program, whichever is
earlier.
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 1998 Citywide Traffic Impact Fee
Study pursuant to Government Code Section 66002.
PASSED AND ADOPTED this 4th day of June, 2001.
ayo the City of Costa Mesa
ATTEST:
Deputy City erk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM
�rrjell-
CITY A'YfOhN Y
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. O/- was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 4th day of June, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 5th day of June, 2001.
7
Deputy Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT A
CITY OF COSTA MESA
CITYWIDE TRAFFIC IMPACT FEE ACCOUNT
Fund Balance as of April 30, 2001
FISCAL YEAR 2000-2001
Beginning Fund Balance July 1, 2000
$1,236,164
1. Revenues
Measure M Regional Grant Match
$182,582
Reimbursement'
$10,560
Traffic Impact Fees
$657,539
Investment Earnings
$60,470
Revenue.Subtotal
$911,151
2. Expenditures
$182,829
Fund Balance as of April 30, 2001
$1,964,486
3. Refunds
Amount of funds expended or
uncommitted after 5 years
$0
4. Administrative Costs
$0
5. Projected Balance as of June 30, 2001
$1,964,486
6. Project Appropriations
$1,964,486
EXHIBIT B
DISTRICT I
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LOCATION OF DISTRICTS
City of Costa Mesa