Loading...
Ordinance No. 778ORDINANCE NO. 778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING PUBLIC IMPROVEMENT PROGRAMS AND PUBLIC IMPROVEMENT FEES THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, does hereby ordain as follows: SECTION 1. Chapter 25 of the Code of the City of Cypress is hereby amended by adding a new Article X thereto to read as follows: ARTICLE X. PUBLIC IMPROVEMENTS AND FEES Sec. 25 -65. Intent and purpose. The General Plan of the City of Cypress sets forth in its Circulation Element certain needs for capital improvements relating to the flow of traffic through the City. The City Council of the City of Cypress hereby determines that it is the policy of the City to require that certain capital improvements, as hereinafter defined, shall be constructed or financed by a land developer as a condition to the approval of his development. This Article is intended to establish the mechanism whereby the owner or land developer will be required to pay a fee or provide other consideration for the purpose of defraying the costs of certain capital expenditures which will benefit such land. Sec. 25 -66. Definitions. Unless the context shall require otherwise, the definitions set forth in this section shall apply to the following terms as used in this ordinance: (a) Capital improvements shall include street signs, traffic lights, road and highway construction and other street and traffic improvements (including the acquisition of property, easements and rights -of -way) directly or indirectly allocatable to the development of real property designated as "Business Park" (BP) in the Land Use Element of the City of Cypress General Plan. (b) Construction includes design, acquisition of property, administration of construction contracts, and actual construction. (c) Development means a division of land, grading for which a permit is required, or original construction of an improvement to that real property designated as "Business Park" (BP) in the Land Use Element of the City of Cypress General Plan, for which a building permit is required, which division of land, grading or construction is of the type normally associated with urban development as opposed to agricultural activities. Excluded from said definition are retail and hotel developments (which generate sales and /or transient occupancy revenues) on lands designated as "Business Park" (BP) in the Land Use Element of the City of Cypress General Plan. Sec. 25 -67. Equitable Assessment In order that the burdens of capital improvements may be borne by all of the developers and property owners and lands benefited thereby, tees chargeable to such lands to be paid by the owner or land developer thereof may be imposed in accordance with the provisions set forth herein. Sec. 25 -68 Resolution Establishing Public Improvements Necessitated by Development and Amount of Public Improvement Fee. Upon the receipt of an application by a landowner or developer for any designated Business Park development approval pursuant to the Municipal Code of the City, or on its own motion, the City Council shall adopt a resolution determining the public improvements necessitated by any such development and the amount of the appropriate Public Improvement Fee, which resolution shall include the following: (a) A statement of the public improvements to be constructed; (b) The total actual or estimated cost of said capital improvements; (c) The portion of the total costs of the improvements which will be borne by the developer or landowner: (d) The amount of the contribution, if any, which the City will make towards the construction of the improvements. The resolution may describe the public improvements in general detail and may present alternative public improvement programs, subject to clarification or amendment by resolution upon completion of studies by City staff or its independent consultants or upon determination of the availability of funds or financing to pay the cost of the public improvements. Sec. 25 -69. Determination of Fee. Upon the receipt by the City Public Works Department of an application by a land owner or developer for any designated Business Park development approval, the Public Works Department shall determine and give written notice to the landowner or developer of the applicability of this Article to said development, the amount, if any, of developable land to which such approval relates and the amount, if any, of the fee payable pursuant to the resolution and this Article, which may be expressed in terms of a formula. Such fee shall be payable prior to the issuance of any building permit relating to the development. The Public Works Department need not give written notice to the landowner or developer in the event that it determines that no fee relating to such development is payable pursuant to this Article and the resolution. Sec. 25 -70. Payment of Fee. After the adoption by the City Council of a resolution establishing a public improvement fee, no development shall be permitted on any designated Business Park land within the City unless and until the public improvement fee relating to such development and established by the resolution has been paid or provision has been made for such payment to the satisfaction of the City's Public Works Director, or unless a determination has been made by the Public Works Department that no fee is payable pursuant to this Article. Money received by the city as payment of such fees shall be deposited in a special fund and shall thereafter, along with accrued interest, be expended solely for the construction or reimbursement for construction and implementation of the public improvements program. Sec. 25 -71. Annual Review of Fee. The City Council shall, annually, on its own motion, after the adoption of the resolution establishing the fee applicable hereunder, review such fee and may, in its discretion, cause an adjustment to be made in the fee established by said resolution. Automatic adjustment of such fee shall reflect increases or decreases in the estimated cost of the proposed public improvements, as reflected in the Construction Cost Index for Los Angeles, prepared and published in the Engineering News - Record by McGraw -Hill, using Index 5454.37 on April 1, 1987, as the base, or such other indices as the City Council may deem appropriate for this purpose. Such automatic adjustment shall occur on July -2- 1, 1988,.and July 1 of each year thereafter, without necessity of further action by the City Council. Such modification may also reflect changes in the improvements proposed to be constructed as well as the availability or lack of other funds with which to construct the public improvements. However, in no case shall a modification or adjustment, the effect of which would be to increase the fee payable, be made applicable to developers of property for which the fee established by the subject resolution has been paid. Sec. 25 -72. Consideration in Lieu of Fee. The provisions of Sec. 25 -59 hereof to the contrary notwithstanding, upon application by a developer or owner, the City Council may accept consideration in lieu of the public improvement fee required pursuant to this article, provided: (1) The City Council, upon recommendation of the Public Works Director, finds that the substitute consideration proposed has a value equal to or greater than such fee; (2) The substitute consideration is in a form acceptable to the City Council. Sec. 25 -73. Credit Toward Fee. A credit toward the public improvement fee payable by a landowner or developer pursuant to this Article shall be given if a fee has been previously paid by said landowner or developer with respect to the same property or development pursuant to Article II or Article IIA of this code, or to a Traffic systems Management Plan requirement, or to a development agreement between the City and such landowner or developer. Sec. 25 -74. Appeals. Any landowner or developer aggrieved by the determinations of the City Public Works Department hereunder may appeal said determinations by submission of a written notice of protest addressed to the City Council within thirty (30) days after the date of the written notice by the Public Works Department pursuant to Sec. 25 -59 hereof. The notice of protest shall set forth in reasonable detail the position of the aggrieved party and the requested relief. The City Council shall consider such appeal within ninety (90) days after the submission of the notice of protest. The City Council may request additional information from the aggrieved landowner or developer or from City staff. The City Council may modify or amend the determinations of the Public Works Department in any manner consistent with the intent and policy of the resolution and this Article. Sec. 25 -75. Completion of Public Improvements. Upon the completion of the public improvements which are the subject of a specific resolution, the money, along with accrued interest, remaining in the special fund established in connection therewith may be returned to those developers and landowners who had made payment thereof in proportion to the amount of their payments or may be used to defray the cost of enhancements or additions to said capital improvements, or programs for the more efficient utilization of the improvements, in the discretion of. City Council. In any event, collection of public improvement fees shall cease and unspent funds, along with accrued interest, shall be returned at the end of twenty -five (25) years from the date of final adoption of this ordinance. Sec. 25 -76. Alternative Method. This ordinance is intended to establish an alternative method for the allocation of the costs of certain public - 3 - -4 -: 1 improvements upon the lands which will be benefited thereby, and the provisions hereof shall not be construed to limit the power of the City Council to utilize any other method, authorized by law, for accomplishing this purpose. SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, 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 or its application to other persons or places. 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, or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 3. The City Clerk is hereby authorized and directed to certify as to the passage of this ordinance and to give notice thereof by causing copies of this ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of the City of Cypress held on the 27th day of July, 1987, and finally adopted and ordered posted at a regular meeting of said Council held on the 10th day of August 1987. ATTEST: I %/ CIT'i'tLERK OF THE C,ZITY OF CYPRESS STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE MAY.R OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 10th day of August 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen NOES: 0 COUNCIL MEMBERS: None and Kanel ABSENT: 0 COUNCIL MEMBERS: None 1 CITY CLERK OF THE C Y OF CYPRESS