Resolution No. 4400RESOLUTION NO. 4400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING REGIONAL TRAFFIC IMPROVEMENT FEES FOR
DEVELOPMENT WITHIN THE CITY OF CYPRESS
WHEREAS, the City Council of the City of Cypress did on September 12, 1994, adopt
Ordinance No. 926 establishing regional traffic impact fee requirements for new
development /redevelopment within the City of Cypress; and,
WHEREAS, said ordinance put forth that the fee amounts shall be established by
resolution of the City Council; and,
WHEREAS, the City Council finds and determines as follows:
A. The City is committed to the provision of regional circulation improvements at
the levels necessary to mitigate regional service deficiencies resulting from new
development within the City.
B. A Regional Traffic Impact Fee is one of the preferred methods of ensuring that
new development bears a proportionate share of the cost of regional traffic
improvements necessary to accommodate such development. This must be done
in order to protect the public health, safety, and welfare.
C. The City Council of the City of Cypress has the authority to adopt this Resolution
pursuant to Government Code Section 66000 et seq.
D. The City Council, after careful consideration of the matter, hereby finds and
declares that a Regional Traffic Impact Fee imposed upon residential and
nonresidential development in order to finance Regional Traffic Improvements,
the demand for which is created by such developments, 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 Resolution as hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the Regional Traffic Impact Fees authorized by Ordinance No.
are hereby established as shown on Exhibit "A".
SECTION 2. That said fees were based on the Regional Traffic Impact Fee Study
dated August 1994, and that said fees may be revised by the City Council to incorporate the
findings and conclusions of subsequent studies.
SECTION 3. That the Regional Traffic Impact Fees collected pursuant to
Ordinance No. and this Resolution shall be expended on the provision of regional traffic
improvement projects and programs as approved by the City Council. Such expenditures may
include, but shall not be limited to, the following:
A. The reimbursement to cities adjacent to Cypress for the City's share of
direct and indirect costs incurred by said cities for the development of
regional traffic improvement projects and programs pursuant to
Ordinance No. 926, including but not limited to, the costs of land
acquisition, planning, legal advice, engineering, design, construction and
equipment.
B. The reimbursement for all costs incurred by the City associated with the
administration of each account.
C. The issuance of bonds or notes, secured by the appropriate Reserve
Account, for the provision of regional traffic improvement projects and
programs.
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SECTION 4. That not later than January 30 of each year following the date of
adoption of this Resolution, a report shall be prepared by the City Manager for the City Council
to make findings with respect to any portion of the regional traffic improvement fees remaining
unexpended or uncommitted in its account five or more years after deposit of those fees, to
identify the purpose to which the fees are to be put, and to demonstrate a reasonable relationship
between the fees and the purpose for which they were charged. The required findings need only
be made for moneys in the possession of the City. The City Council shall review the report at
a noticed public hearing. The City shall refund to the current record owner on a prorated basis
the unexpended portion of collected fees with interest, for which need cannot be demonstrated
pursuant to this section.
SECTION 5. The Mayor shall sign this resolution and the City Clerk shall attest
and certify to the passage and adoption thereof.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of October, 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 THE CJ5 Y 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 1 lth day of October, 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age,Bowman, Kerry, Nicholson
NOES: 0 COUNCIL MEMBERS: None and Partin
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF TH ITY OF CYPRESS
EXHIBIT A
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EXHIBIT A - 1
REGIONAL TRAFFIC IMPROVEMENT FEE RATES
LAND USE FEE RATE
COMMERCIAL - RETAIL
• Shopping Center
Total Size
o < 50,000 SF
• 100,000 SF
• 200,000 SF
• 300,000 SF
$0.16
$0.15
$0.13
$0.12
* Restaurant
o Fast Food w /Drive- Through
o Fast Food w/o Drive - Through
o High Turnover (Family) $0.71
o Quality (Dinner House) $0.22
* Hotel
locations,
* Motel
* Discount Store (Freestanding)
* Hardware /Paint Store
* New Car Sales
RESIDENTIAL
$36
$36
$0.12
$0.18
$0.14
* Single Family
(Low Density) $52
* Low Rise Condo /Townhome
(Medium Density)
• Low Rise Apartment
(High Density)
$44
$31
* Retirement Community $13.46
* Elderly Housing (Attached) $ 3.85
$1.64
$1.43
DESCRIPTOR
per SF
per SF
per SF
per SF
per SF
per SF
per SF
per SF
per Room
per Room
per SF
per SF
per SF
per DU
per DU
per DU
per DU
per DU
NOTES
Includes 50% Passby Credit
Includes 40% Passby Credit
Includes 30% Passby Credit
Includes 25% Passby Credit
Includes 40% Passby Credit
Includes 40% Passby Credit
Includes 25% Passby Credit
Includes 10% Passby Credit
Given the potential
the business hotel rates were
used.
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AND USE
OFFICE, INDUSTRIAL
* General Office
Total Size
EXHIBIT A - 2
REGIONAL TRAFFIC IMPROVEMENT FEE RATES
FEE RATE
DESCRIPTOR NOTES
o < 50,000 SF $0.13 per SF
o 100,000 SF $0.11 per SF
o 200,000 SF $0.10 per SF
o 400,000 SF $0.08 per SF
o 600,000 SF $0.07 per SF
o 800,000 SF or greater $0.06 per SF
Single Tenant /Corporate Office $0.11 per SF
" Research & Development $0.07 per SF
Warehouse $0.04 per SF
" Light Industrial $0.06 per SF
,; Manufacturing $0.05 per SF