HomeMy WebLinkAbout11-42 - Continuing Citywide Traffic Impact Fee and Related Annual Review of ProgramRESOLUTION NO. 11-42
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,
and 10-70, 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
thereon, and the beginning and ending balance of the traffic impact fee for the previous
fiscal year; and
WHEREAS, the City Council has opted to conduct the review of traffic impact
fees required by California Government Code Section 66001(d) on an annual basis in
conjunction with its review of the capital improvement plan as required by California
Government Code Section 66002(b) and the annual accounting as required by
California Government Code Section 66006(b)(1); and
WHEREAS, the primary purpose of this resolution is to re-establish the traffic
impact fees based on the updated 2011 Traffic Impact Fee Study and to enable the City
to continue the traffic impact fee program and to comply with the eligibility requirements
of the Orange County Measure M Program; and
WHEREAS, the secondary purpose of this resolution is to comply with the
annual review requirements under California Government Code Section 66000 et seq.;
and
WHEREAS, the traffic impact fee is necessary because new development
increases the need for public transportation/circulation facilities in the City of Costa
Mesa not only during peak periods, but throughout the day; the City
transportation/circulation system will be burdened by the demands of carrying vehicles
of a larger number of persons and cargo due to new commercial, industrial, and
residential uses; the 2002 General Plan, Environmental Impact Report No. 1049 and
subsequent General Plan Amendments 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 the number of vehicles due to new
commercial, industrial and residential uses; and
WHEREAS, the City's municipal code, Section 13-276, identifies projects that
are exempt from traffic impact fee program; and
WHEREAS, the City Conducted a Traffic Impact Fee Study in 2005 and updated
in 2011 to review the costs of public transportation facilities attributed to the
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development of new commercial, industrial and residential uses based on the 2002
General Plan and the Environmental Impact Report No. 1049; and
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 18, 2011; 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 18, 2011; and
WHEREAS, the City Council conducted a public hearing on October 18, 2011,
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 18, 2011:
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
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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 the development; and
4. 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, 00-52, 01-34, 02-27,
03-62, 04-59, 05-70, 06-85, 07-77, 08-81, 09-67, and 10-70, remaining unexpended or
uncommitted in the City of Costa Mesa traffic impact fee accounts five or more years
after the deposit of the fee, and no refunds of the fee are required; the capital
improvement plan adopted by this resolution is 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, the interest thereon, and
other income and amount of expenditures and refunds of the traffic impact fee made by
the City of Costa Mesa during the prior fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Costa Mesa, California, does hereby incorporate by reference the foregoing recitations
as findings and that said findings are true and correct.
BE IT FURTHER RESOLVED, that the City Council of the City of Costa Mesa,
California, does hereby re-establish the traffic impact fee and traffic impact fee
regulations as follows:
1. The traffic impact fee shall be a fee of $181.00 per each new average daily
vehicle trip end generated by all new commercial, industrial and residential
developments.
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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 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
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76 to 100 ADT for incremental trips exceeding 75 ADT
> 100 ADT for incremental trips exceeding 100 ADT
$100/ADT
$181/ADT
2. The above incremental assessment is also available for expansion or
modification of existing residential, commercial and industrial developments. However,
the applicable increment to be used for expansion or modification of an existing
development shall be based on the combined total of ADTs for the existing
development plus any additional ADTs that the expansion or modification will generate.
There shall be no reduction in traffic impact fees or incremental incentive for any
existing development which already generates 100 ADTs or more and which is
expanding or modifying the existing development.
3. The incentive for new developments shall be effective until the next
annual review of the traffic impact fee program.
BE IT FINALLY 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 updated 2011 Traffic Impact Fee Study
pursuant to Government Code Section 66002.
PASSED AND ADOPTED this 18th day of October 2011.
ATTEST:
a eJ A -
Julie Folcik, City Clerk
G
Gary ahan, ayor
APPROVED AS TO FORM:
Thomas bluqA, dity Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 11-42 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 18th day of October, 2011, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, LEECE,
MENSINGER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19th day of October, 2011.
(SEAL)
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a4- d
JULIE FOLCIK, CITY CLERK
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