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HomeMy WebLinkAboutResolution No. 3282173 RESOLUTION NO. 3282 A RESOLUTION OF THE CITY OF CYPRESS SETTING FORTH ITS POLICIES REGARDING THE EFFECTS ON CITY SERVICES OF LAND DEVELOPMENTS WHEREAS, the City of Cypress (the "City ") has recently amended its General Plan Circulation Element; and WHEREAS, the General Plan Circulation Element indicates that the development of undeveloped lands, particularly those in the area of the Cypress Business Park, will have the effect of gener- ating large amounts of vehicular traffic in the area; and WHEREAS, the General Plan Circulation Element further indi- cates that the existing streets and thoroughfares, particularly in the Cypress Business Park area, are not equipped to accommo- date the increased volume of traffic which will result from the development of these areas; and WHEREAS, the General Plan Circulation Element sets forth certain traffic improvements necessary to accommodate such increased development; and WHEREAS, the City does not have sufficient uncommited funds to pay for such traffic improvements and has very limited ability to generate such funds; and WHEREAS, the City Council, upon communication with City staff and consultant, has considered various options for the allocation of costs of providing traffic improvements necessary to accommodate such increased development; and WHEREAS, Article XI, Section 7 of the Constitution of the State of California authorizes the City, in the exercise of its police powers, to impose fees upon developments having an ad- verse impact upon City services and improvements; and WHEREAS, the City Council has determined that it is proper to set forth its policies regarding the allocation of such costs and the imposition of fees therefor in the interest of addressing this issue in the most fair and reasonable manner possible under the circumstances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cypress, California: Section 1. The foregoing recitals are true and correct. Section 2. It shall be the goal of the City to cause land developments which generate increased burdens on City facilities to pay all or a portion of the cost of reasonable improvements necessary to accommodate such increased burdens on existing City facilities. Such payments, in the form of development fees, shall be used by the City to fund a public improvement construc- tion or acquisition program to provide the necessary City improvements. Section 3. In view of (a) the City procedures for adminis- trative review of all plans for new developments within the City, and (b) the advantage to the City and to developers of providing for improvements necessary to accommodate any new developments at the earliest stages of the planning and review process, City staff analysis of the impact of any new development on existing City improvements should be made at the time of subdivision map approval, parcel map approval, at the time of consideration of any conditional use permit or zoning variance, or at the time that building permits are drawn (each such approval or consider- ation being hereinafter referred to as a "developer approval "), whichever first occurs. 176 Section 4. Recommendations shall be made to the City Coun- cil by the City Public Works Department regarding the develop- ment fees to be levied in connection with any public improvement program adopted by the City Council to mitigate impacts upon City facilities. Section 5. Because retail and hotel developme, generate sales and transient occupancy tax revenues to the/City ich, -can be used to defray part of the costs of -ffeede-a-iffigrftements, and because said developments do not adversely impact upon City im- provements to the same extent as other developments, retail and hotel developments shall not be subject to fees imposed pursuant to Chapter 25, Article IX of the Municipal Code but shall be subject to all other fees imposed by the city. Section 6. Because new developments can be expected to have an impact on City improvements in direct proportion to their size, development fees imposed hereunder shall be based upon building square footage or some similarly fair and reasonable basis, other than the value of such property, for setting fees. Section 7. In order to effectively mitigate any adverse impact on City improvements caused by new development, the City shall endeavor to cause additional improvements necessitated by any new development to be undertaken and completed on a timely basis concurrent with the need for such improvements. However, when further developments may have an as yet undetermined or uncertain impact on City improvements, or if additional time or financing is required prior to completion of such improvements, installation of such improvements may be delayed for a reasonable time. If the City Council determines that the improvements for which fees have been levied will not be required, reimbursement of such fees to the developer may be authorized. Section 8. Where feasible and advantageous to the City, the City may accept consideration other than the payment of fees to satisfy the requirements of any developer fee imposition. This consideration may be land or other property. Section 9. The policies set forth herein shall be embodied in an ordinance which shall be adopted by the City Council, which ordinance shall set forth the procedure by which the public improvement programs described herein shall be implemented and development fees imposed for the purpose of defraying the cost of financing such programs. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of July 1987. ATTEST: CI Y` CL�F H ITY OF CYPRESS MAYOR OF) THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 27th day of July 1987; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CIT Y CLi� THE CITY OF CYPRESS F