Ordinance No. 907261
ORDINANCE NO. 907
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS, CALIFORNIA, ESTABLISHING A TRAFFIC
IMPROVEMENT FEE FOR NEW DEVELOPMENT /REDEVELOPMENTS
WITHIN THE CITY OF CYPRESS AND DECLARING THE
URGENCY THEREOF
The City Council of the City of Cypress Does Hereby
Ordain As Follows:
SECTION 1. Findings and Interest. The City Council
finds and determines as follows:
A. In order to implement the goals and objectives
specifically articulated in the City of Cypress Growth Management
Element and General Plan /Circulation Element (G.P. /C.E.), certain
traffic mitigation measures have been identified to alleviate
future traffic congestion; and,
B. The need for these specific traffic
improvements is directly related to new development within the
City, which would result in increased traffic to the G.P. /C.E.
street system; and,
C. The cost of these needed traffic improvements
has been determined as well as the anticipated funding which could
be contributed by the City toward these future transportation
needs. That portion of costs not expected to be funded by public
funds results in a funding shortfall; and,
D. A Citywide Traffic Improvement Fee (TIF) is one
of the preferred methods of ensuring that development bears a
proportionate share of the cost of traffic improvements necessary
to accommodate such development. This must be done in order to
protect the public health, safety, and welfare; and,
E. The Citywide TIF provides a direct relationship
between additional traffic generation and the fee. A regional
component of the TIF addresses potential regional impacts of
development within Cypress on the surrounding jurisdictions.
F. The City Council, after careful consideration
of the matter, hereby finds and declares that a TIF imposed upon
new development in order to finance specified traffic improvements,
the demand for which is created by such development, is in the best
interest of the general welfare of the City and its residents, is
equitable, does not impose an unfair burden on such development by
forcing developers and builders to pay more than their fair or
proportionate share of the cost, and deems it advisable to adopt
this Interim Ordinance; and,
G. Pursuant to California Government Code Section
66017, the City Council finds and determines that a current and
immediate threat to the public health, safety and general welfare
exists which necessitates the immediate enactment of this Ordinance
for the immediate preservation of the public health, safety, and
general welfare based upon the facts set forth in this Ordinance
and the facts presented to the Council.
SECTION 2. Purpose. This Interim Ordinance is intended
to implement the goals and objectives of the Growth Management
Element and the Circulation Element of the General Plan, and to
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mitigate the traffic impacts caused by new development within the
City through the construction of certain traffic improvements. As
a development traffic mitigation measure, future developments must
incorporate fair share participation to the cost of maintaining
level of service standards and developing future transportation
systems.
SECTION 3. Definitions.
(a) "AM and PM Peak Hour Trip Ends" means the trip
generation potential for each development to
generate new traffic on the G.P. /C.E. road
system during the peak hours. The peak hour
is the one -hour period of highest traffic
volume during the typical AM and PM peak
periods.
(b) "Circulation Improvement or Improvements"
means the construction of or improvement to
street rights -of -way, traffic signals,
overcrossings, underpasses, curbs, gutters,
sidewalks, street pavement and drainage
improvements incidental to street improvements
necessary to provide traffic circulation
consistent with the G.P. /C.E.
(c) "Development" shall mean any man -made change
to improved or unimproved real property, or
the making of any material change in the use
or appearance of any structure or land.
SECTION 4. Traffic Improvement Fees Established. A
Traffic Improvement Fee is hereby established for development in
the City of Cypress to pay for its fair share of the needed
Circulation Improvements. The Traffic Improvement Fee shall be in
an amount established by resolution of the City Council.
Any Traffic Improvement Fee shall be paid by each
developer, either prior to issuance of a building permit or prior
to issuance of a Certificate of Occupancy as required by state or
local law.
SECTION 5. Administration of Traffic Improvement Fees.
Upon receipt of Traffic Improvement Fees, the City Finance
Department shall place such funds in a separate and special account
and such funds, along with any interest earnings on that account,
shall be used to implement improvements as the specified mitigation
locations. The City may prioritize the mitigation list and utilize
the funds to improve road sections of greatest need. The City may
also review the listed mitigation at the time of proposed
implementation to determine which improvements are still
appropriate and the best configuration. The funds will be
utilized:
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(a) to pay for right -of way acquisition,
engineering, and construction of designated
improvements as identified in the Growth
Management and Circulation elements of the
City General Plan;
(b) to reimburse the City for roadway improvements
constructed by the City with local funds not
anticipated to be used for these improvements;
(c) to reimburse developers who have constructed
designated improvements having size, length,
or capacity beyond that needed to mitigate
impacts of the individual development project
as determined by the City Engineer and
approved by the City Council.
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SECTION 6. Developer Construction of Facilities.
Developer may be required to construct circulation improvements
designated to be financed with traffic improvement fees, in lieu of
paying such fee. If a developer is required, as a condition of
approval of a development, to construct a circulation improvement
that has been designated to be financed with traffic improvement
fees, the cost of the improvement paid for by the developer may be
used as a credit against the traffic improvement fees as determined
by the City Engineer and approved by the City Council.
SECTION 7. Appeal. A Developer of any project subject to
the Traffic Improvement Fee may appeal the amount of the Traffic
Improvement Fee or refund due to the City Council. The Traffic
Improvement Fee cannot be resolved after review and consideration.
The item shall be scheduled for City Council action in accordance
with customary filing deadlines for projects submitted to the City
Council. The application shall state, in detail, the factual basis
for the appeal. The decision of the City Council shall be final.
If any reduction, adjustment, or waiver is granted, any change in
use within the project shall invalidate the reduction, adjustment,
or waiver of the fee. The filing of an appeal shall not stay the
collection of the fee due unless a bond or other sufficient surety
has been filed.
SECTION 8. Severability. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portions
thereof be declared invalid or unconstitutional.
SECTION 9. This Ordinance is enacted under the authority
of Government Code Section 66017 and any applicable law shall be of
no further force and effect thirty (30) days from the date of
adoption of the Ordinance unless the City Council has extended this
Ordinance in the manner as provided in Government Code Section
66017(b).
SECTION 10. This Ordinance is hereby declared to be an
urgency measure pursuant to Government Code Section 66017(b) and
the Ordinance shall take effect immediately upon its adoption.
SECTION 11. This Ordinance as an Urgency Ordinance
shall only become effective if adopted by a four - fifths (4 /5ths)
vote of the City Council.
SECTION 12. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be posted in the
manner provided by law.
PASSED AND ADOPTED by the City Council of the City of Cypress at
an adjourned regular meeting held on the 31st day of January 1994.
ATTEST:
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R
C L
CITY OF OF CYPRESS
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MAYOR OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF CYPRESS )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted as an Urgency Ordinance
at an adjourned regular meeting of the City Council of the City of Cypress,
held on the 31st day of January 1994; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and
Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
CITY CL RK F TE TY OF CYPRESS
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