HomeMy WebLinkAbout15-66 - Citywide Traffic Impact Fee for New DevelopmentRESOLUTION NO. 15-66
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, 11-42, 12-73, 13-54, and 14-73, 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
Resolution No. 15-66 Page 1 of 8
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 S&tion 66006(b)(1 ; and
WHEREAS, the primary purpose of this resolution is to continue 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
Resolution No. 15-66 Page 2 of 8
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 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 City Council approval date of December 1, 2015; 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 December 1, 2015; and
WHEREAS, the City Council conducted a public hearing on December 1, 2015,
received testimony and evidence from the developers in the City of Costa Mesa and has
Resolution No. 15-66 Page 3 of 8
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 December 1, 2015:
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 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
Resolution No. 15-66 Page 4 of 8
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, 10-70, 11-42, 12-73, 13-54, and 14-73,
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, that was adopted with the updated 2011 Traffic
Impact Fee Study and re -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:
Resolution No. 15-66 Page 5 of 8
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.
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
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
Resolution No. 15-66 Page 6 of 8
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,
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
Resolution No. 15-66 Page 7 of 8
capital improvement plan as identified in the updated 2011 Traffic Impact Fee Study
pursuant to Government Code Section 66002,
PASSED AND ADOPTED this 1st day of December, 2015.
ATTEST:
Brenda Green, rity Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APPROVED AS TO FORM:
Thomds"bu6rWCitAttorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 15-66 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
15t day of December 2015, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Foley, Monahan, Righeimer, Mensinger
Genis
None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 2nd day of December, 2015.
&NG4- IL�
Brenda Green, City Clerk
Resolution No. 15-66 Page 8 of 8
CITY OF COSTA MESA
CITYWIDE TRAFFIC IMPACT FEE ACCOUNT
Fund Balance as of June 30, 2015
FISCAL YEAR 2014 - 2015
Beginning Fund Balance July 1, 2014
1. Revenues
Traffic Impact Fees
Investment Earnings
Misc / Other Reimbursement
2. Expenditures
3. Refunds
Revenue Subtotal
Amount of funds expended or
uncommitted after 5 years
4. Administrative Costs
5. Fund Balance as of June 30, 2015
6. Measure M2 Projects Current and Future Appropriations
Harbor - Adams
Harbor - Sunflower
Harbor - Gisler
Bristol - Baker
Fairview - Wilson
E. 17th Street -Tustin
Harbor- South Coast
West 17th Street
EXHIBIT A
$3,282,524
$241,897
$17,147
$11,010
$270,054
$547,871
$0
$0
$0
$3,004,707
$1,904,077