Loading...
Resolution No. 4276RESOLUTION NO. 4276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING OR MODIFYING TRAFFIC IMPROVEMENT FEES FOR DEVELOPERS WITHIN THE CITY OF CYPRESS WHEREAS, the City of Cypress General Plan and the Zoning Code establish limits for the ultimate buildout of the City; and WHEREAS, the City's streets and roads need to be designed to accommodate the anticipated levels of development permitted by the General Plan and Zoning Code; and WHEREAS, the Citywide Traffic Improvement Fee Analysis identifies the impacts of contemplated future development on existing circulation facilities and the improvements required to mitigate the anticipated impacts; and WHEREAS, the Citywide Traffic Improvement Fee Analysis sets forth the relationship between contemplated future development, the needed facilities, and the estimated costs of those improvements; and WHEREAS, the Cypress City Council of the City of Cypress has developed an equitable system of allocating the costs to implement the required improvements to the General Plan street system; and WHEREAS, the City Council of the City of Cypress has adopted Ordinance No. 911 creating and establishing the authority for imposing and charging Traffic Improvement Fees; and follows: 404344S.RHS WHEREAS, the City Council finds and determines as A. The purpose of the Citywide Traffic Improvement Fee is to provide funds which assist in the implementation of the required improvements as identified in the Citywide Traffic Improvement Fee Analysis, in order to maintain Level of Service standards on a fair share basis. B. The City Council finds and determines that the traffic to be generated by projected levels of development in Cypress would impact the City's adopted traffic Level of Service standards, if the identified improvements are not provided. There is a substantial interest in maintaining a system of City streets which can satisfactorily accommodate projected levels of traffic. C. In order to project its circulation needs, the City of Cypress took a comprehensive review of the City's streets and traffic patterns as they currently exist and as they are projected to exist in the future. D. Based on currently anticipated circulation needs, cost estimates were prepared for the proposed street improvements. These estimates provide a basis for determining a fair allocation of the costs among the users of the streets and are incorporated by reference herein. -1- 124 4043445.RES E. The Cypress General Plan contains findings of the potential for substantial new development, which relates to increased traffic. It has been found that all categories of development have the potential to generate additional traffic. F. Improvements to the current street system are required to meet the needs identified in the Citywide Traffic Improvement Fee Analysis. In addition, intersection enhancements along the "Major" streets are shown to be required to maintain City traffic Level of Service standards. If circulation improvements do not keep pace with traffic growth, serious detrimental effects beyond traffic issues could result, such as a failure to attract economic development, a decrease in land values, a decrease in tax revenues, lower levels of employee productivity, and a lower quality of life for residents. G. Traditional transportation improvement funding sources will not keep pace with the need for and cost of transportation improvements caused by new development. Current legislation also dictates that new developments pay a fair share toward transportation improvements lest City's funding could be in jeopardy. The City, therefore, seeks to require all new developments to contribute to the cost of mitigating traffic problems by imposing traffic improvement fees for circulation improvements. The City has determined that other funding sources will also be pursued (i.e. redevelopment agency funding, property taxes, state and federal subventions, and possible new regional sources). H. Although the City has the authority to adopt a fee structure designed for complete funding of the needed improvements, the City Council finds that such a fee structure would be inequitable to new development. Therefore, the fee serves to only assign to new development its fair share of the improvements shown to be required in the specific Citywide Traffic Improvement Fee Analysis. The estimated cost of these improvements is set forth in the attached Exhibit "A" and incorporated herein by reference. The transportation needs, identified in the Citywide Traffic Improvement Fee Analysis, are based on buildout conditions identified in the City Land Use Element. The fees are designed so that new development will mitigate their portion of traffic impacts. The total anticipated vehicle trips resulting from buildout of all land use categories is AM and PM peak hour trip ends, as set forth in the attached Exhibit "B" and incorporated herein by reference. As described above, the City is offsetting the cost of the required mitigations through funding which is anticipated to be available to the City and can be applied to the specified improvements. I. The City Council finds that based upon the Traffic Improvement Fee Analysis, there is a reasonable relationship between the need for the improvements to be funded by the fee and the type of development project upon which the fee is imposed. Specifically, every project on which the fee is imposed generates increased traffic throughout the -2- City. This generation of traffic utilizes the General Plan street system and will pay its share of the improvement costs needed to provide the designated system. J. The City Council finds that there is a reasonable relationship between the fee's use and the type of development for which the fee is charged. The fee will be used exclusively for circulation improvements, such as roadway and intersection improvements, and right -of -way acquisition, engineering, and construction costs. The use of the funds will, therefore, directly relate to and benefit the development projects upon which the fee is imposed. K. The City Council finds that there is a reasonable relationship between the amount of the fee and the cost of the projected required improvements. Costs of improvements have been identified by using standard engineering practices. A project's share of the total trip share has been determined by using accepted traffic engineering trip generation rates. Thus, the fee per project is proportional to that project's contribution to the increased traffic. NOW, THEREFORE, the City Council of the City of Cypress does hereby resolve as follows: 1. 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. 2. Fee Imposed. (a) A Traffic Improvement Fee shall be charged and paid at the time of issuance of a building permit for development. (b) To the extent permitted by law, the fee established by this resolution shall be paid prior to occupancy for any project not required to obtain a building permit from the City of Cypress. 3. Exemptions. The following developments shall be exempt from imposition of Traffic Improvement Fees: 4043445.RES -3- 126 4043445.REs (a) Non - revenue generating public buildings and facilities. (b) Reconstruction or remodel development where there is no increase in use or intensity causing an increase in traffic. (c) Accessory uses creating no increase in traffic. (d) Development projects for which a development entitlement application was deemed complete by the City prior to the adoption of this Resolution provided however, that this exemption shall not override any condition of approval for a project which specifically requires payment of fees for the purposes of mitigating impacts on traffic or capital improvement projects. 4. Fee Amount Calculations. The fee amount calculation is based upon the amount of funding required, divided by the new traffic expected to be generated. The result is that all new traffic which causes incremental traffic impacts will pay the same fee per trip end. In other words, all new traffic will use the G.P. /C.E. street system and is, therefore, treated equally. However, different land uses generate varying amounts of traffic, given the same building square footage (i.e., office uses generate more traffic per square foot than warehouse uses). The Institute of Transportation Engineers (ITE) publication, Trip Generation, Fifth Edition, was referenced to convert the "fee per trip end" to the "FEE RATE" for specific land uses (per their appropriate descriptor; i.e., per square foot, per dwelling unit, etc.) Exhibit "B" presents a summary of the fee amount calculations and provides an example of how the "FEE RATE" is calculated for a specific land use. Utilizing this procedure, "FEE RATES" were calculated for many of the common potential land uses and the results are presented in Exhibit "C." It is realized that some potential land uses will not be adequately described by Exhibit "C." In these cases, City Staff will determine the applicable rates using the procedures outlined in Exhibit "B." For some special uses, City Staff may request the applicant to provide a study documenting the trip generation for the proposed project. 5. Expenditure of the Fees. Fees in the Traffic Improvement Fee Account shall be expended only at those locations identified in the Citywide Traffic Improvement Fee Analysis and only for the purpose for which the fee was intended. 6. Review and Reporting. (a) Not later than January 30 of each year, following the date of adoption of this Resolution, a report shall be prepared by the -4- City Manager for the City Council to make findings with respect to any portion of the 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. (b) The City Council shall review the report at a noticed public hearing. The City shall refund to the then current record owner or owners of the development project or projects on a prorated basis the unexpended portion of the fee, with interest, for which need cannot be demonstrated pursuant to subsection (a) above. 8. Subsequent Analysis of Fees. The City Council may revise the fee based on subsequent studies or Circulation Element updates that have been prepared by the City. The City Council may revise the Fee to incorporate the findings and conclusions of further studies. 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. MAYOR OF THE CITY OF CYPRESS ATTEST: CIT CLE OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City Council held on the 31st day of January 1994; by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 4043445.REs COUNCIL MEMBER: Age, Bowman, Kerry, Nicholson and Partin COUNCIL MEMBER: None COUNCIL MEMBER: None ljtf>1-4 CITY CLE (OF CITY OF CYPRESS -5- 128 EXHIBIT A ESTIMATED MITIGATION COSTS MITIGATION LOCATION FULL LINCOLN MITIGATION Lincoln Avenue Upgradc Four to Six Lanes $ 9,255,000 Moody /Lincoln (a) Walker/Lincolnm (a) + $ 364,000 Valley View/Ball $ 1,260,000 Valley View /Katella $ 785,000 Holder Strcct Bridge $ 150,000 Denni Street Extension $ 0 Valley View /Cerritos $ 155,000 Katella/Holder $ 108,000 $12,072,000 (a) Included in the Lincoln Avenue Upgrade costs. (b) It appears that the building at the northeast corner would be impacted by the ultimate widening. The cost of business relocation, modification of the building, etc. is Ili included in these cost estimates. 11 11 ($499 per AM Sc PM Trip End) II x II u II t g 3 I o P. .. a al A. z P 45 g. 1 44 v... .‘. ilt) ieE-i g (15 U o II es It a 1 it i w; b a) a. t e3' a d • w Y .4 C 3 h an V v $"'B, V E e 1 • 0 o C n� u 9 a "A <1 w w h i fa i EXHIBIT C CITYWIDE TRAFFIC IMPROVEMENT FEE RATES LAND USE COMM ERCIALLRIITAIL • Shopping Center Total Size o s 50,000 SF o 100,000 SF o 200,000 SF o 300,000 SF • Restaurant o Fast Food w /Drive- Through o Fast Food w/o Drive - Through o High Turnover (Family) o Quality (Dinner House) • Hotel • Motel • Discount Store (Freestanding) • Hardware/Paint Store • New Car Sales RESI DEMI1AL • Single Family (Low Density) • Low Rise Condo/Townhome (Medium Density) • Low Rise Apartment (High Density) • Retirement Community • Elderly Housing (Attached) FEE RATh $2.65 $2.45 $2.25 $2.05 $27.54 $24.05 $11.98 $3.84 $599 $599 $1.97 $2.97 $2.29 $873 $744 $524 $225 $65 DESCRIPTOR per SF per SF per SF per SP 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 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 locations, the business hotel rates were used. EXHIBIT C (cont.) CITYWIDE TRAFFIC IMPROVEMENT FEE RATES LAND og FILE= DESCRIPTOR BUSINESS PARK (*) • General Office Top) Size o g 50,000 SF $2.23 per SF o 100,000 SF $1.88 per SF o 200,000 SF $1.00 per SF o 400,000 SF $1.35 per SF o 000,000 SF $1.28 per SF o 800,000 SF or greater $1.14 per SF • Single Tenant/Corporate Office $1.75 per SF • Research & Development $1.15 per SF • Warehouse $0.65 per SF • Light Industrial $0.95 per SF • Manufacturing $0.76 per SF (a) Based on TDM assumptions and reduction requirements included in the fee analyses, the rates for the "Business Park" developments would be reduced by 3;5 percent. It should be noted that development restrictions arc planned to insure compliance with the TDM reduction assumptions.