Resolution Number 02-05-21-06RESOLUTION NO. 02-05-21-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A CIRCULATION FEE
PROGRAM PURSUANT TO GOVERNMENT CODE SECTION 66000 ET
SEQ.
The City Council of the City of San Juan Capistrano hereby resolves as follows:
SECTION 1. Findings and Intent.
The City, through its Engineering and Building Department, has commissioned traffic
studies to analyze and update its current methodology of requiring developer dedication of
funds and improvements based upon burdens that developer projects cause directly upon
the community as a result of projection construction.
The studies are completed and are entitled the "City of San Juan Capistrano,
Capistrano Circulation Fee Program (CCFP)", dated March 19, 2002, by the firm Austin -
Foust Associates, Inc, and the "City of San Juan Capistrano, Transportation Facilities
Improvements and Costs for the Circulation Fee Program, dated April 10, 2000, by Tetra
Tech, Inc. and Moote Group. In addition, a traffic modeling report entitled "San Juan
Capistrano Traffic Model Description and Validation Report", dated January 6, 1999 by
Austin -Foust, is another study upon which the following fee program is based. The January
6, 1999 traffic modeling report is a sub -area model of the Orange County Traffic Analysis
Model. It was designed to provide detailed traffic forecasting capability from the base year
validation within the City of San Juan Capistrano, and was utilized for the 1999 update of
the City General Plan. The April 10, 2000 Tetra Tech report establishes an inventory of
needed transportation facilities improvements and theirassociated costs; and the March 19,
2002 Austin -Foust report analyzes actual trip generation arising from each respective type
of land use and appropriate fee dedication requirements assigned to each land use
category based upon a pertrip generation formula. The above stated reports are on file with
the Department of Engineering and Building.
The Council, based upon the analyses setforth in the above stated reports and staff
report, hereby determines to establish the following revised and updated nexus
methodology for determining developer dedication requirements for traffic improvements
which are imposed by City under its police power as a part of the City's land use
entitlement process.
SECTION 2. AB 1600 Findings.
a.) The purpose of this circulation fee program is to finance traffic improvements in
order to reduce adverse traffic impacts caused by new development within the City
of San Juan Capistrano;
b.) The traffic impact fees collected pursuant to this resolution shall be used to
finance only the traffic improvements described or identified in the studies and
specifically set forth in Exhibit "A", attached hereto;
c.)The reports described herein demonstrate that the types of development
described in the reports create traffic burdens which adversely affect existing
transportation facilities of the type described in the studies and in the April 16, 2002
staff report. The use of the fees obtained from the circulation fee program will be
dedicated to constructing improvements to the circulation improvements described
in these reports;
d.) The facts and evidence presented in the reports establish that there is a
reasonable relationship between the need for the described traffic improvements
and the impacts of the types of development described in the studies, forwhich the
corresponding fee is charged. In brief, the nexus basis for the fee program is rooted
in categorizing reasonable classifications of various forms of project developments,
and then analyzing the known traffic trip generation arising therefrom. Detailed
engineer's estimates were developed with respect to building out the General Plan
roadway network and needed intersection improvements, from both existing and
future traffic. The total cost of all such needed infrastructure and traffic related
improvements is approximately $95.6 million dollars. The appendix to the March
19, 2002 study (page 2 of 3 of the Appendix, attached as Exhibit "A", and
incorporated herein by reference) assigns a cost allocation breakdown for financial
responsibility for needed improvements to existing development, approved
developments, and projected new projects. Accordingly, the adjusted total costs
of needed project improvements attributable to new development was established
at $17.11 million dollars. This total cost is then divided by the number of trips
generated by each new development. With an administrative fee factored in, this
results in the cost per trip of approximately $760 dollars;
e.) The cost estimates set forth in Exhibit A were prepared by the City's consulting
engineer, and the fees expected to be generated by new development will not
exceed the pro -rata costs of constructing these improvements.
SECTION 3. Definitions.
The following definitions are hereby adopted:
(a) "New development' shall mean construction of residential housing unit(s),
construction of commercial, office, industrial and any other non-residential
improvements, orthe addition of floor space to existing commercial, office, industrial
and any other non-residential improvements;
(b) 'Traffic improvements" shall mean design of and all related construction,
physical changes or alterations to existing streets, roads, highways, and
intersections, traffic signals, creation of new streets, roads, highways and
intersections, and any other appurtenant changes or alterations to these existing
and proposed facilities such that they are capable of accommodating additional
traffic capacity and/or enhancing public safety.
SECTION 4. Timing of Circulation Impact Fee Payment.
A traffic impact fee shall be charged and must be paid by any development prior to
issuance of any building permit.
SECTION 5. Calculation of impact fee.
(a) The amount of the circulation impact fee for a development project shall be
established in accordance with Table 2 of March 19, 2002, "City of San Juan Capistrano,
Capistrano Circulation Fee Program(CCFP)"study, which is attached as Exhibit "B" and
incorporated herein by reference.
(b) Each developer is solely responsible for dedication requirements for land or fees
for other required public facilities (i.e., for public facilities not identified in the studies cited
in section 1) forwhich the development project has generated direct burdens necessitating
such dedication requirements.
(c) Traffic impact fees shall not be required as a condition of issuance of a building
permit for:
1. Alterations that do not increase the square footage;
2. Reconstruction. Where permits are issued within two (2)
years for the destruction of a structure due to fire, vandalism,
wind, earthquake, or other natural or manmade disasters;
3. An addition to single-family or multiple -family residence.
SECTION 6. Effective Date.
This Resolution shall not be operative until 60 days following the date of adoption
of this Resolution.
PASSED, APPROVED, AND ADOPTED this 21s` day of May 2002.
ATTEST:
MA GARET R. MONAHAN, CITY CLERK��
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-05-21-06 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 21 st day of
May 2002, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Hart, Campbell, Swerdlin, Gelff and Mayor
Bathgate
None
None
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Table 2
FEE CALCULATIONS
TRIP TL FEE/
LAND USE CATEGORYUNITS RATE(I)FACTOR(2) UNI"Ir3>
SDU
DU
9.72
1.0
$7,387
MDU
DU
8.01
1.0
$6,088
Commercial
TSF
56.00
.20
$8,512
Office/R&D
TSF
14.04
.60
$6,402
Industrial
TSF
7.30
.70
$3,884
Other*
--
--
Other*: See following table
TRIP
TL
FEE/
LAND USE CATEGORYUNITS
RATE
FACTOR UNIT
Equestrian
STABLE
0.1
1.0
$76
Self Storage
UNIT
0.2
1.0
$150
Service Station
SITE
187.5
.25
$35,625
Sery Stat (w/Mart)
SITE
187.5
.25
$35,625
Auto Repair/Service
TSF
20
0.2
$3,040
Hotel
ROOM
8.7
.50
$3,310
Motel
ROOM
10.19
.50
$3,870
Church
TSF
9.32
.50
$3,540
Clinic
TSF
34.17
.50
$12,990
Hospital
TSF
20.00
.50
$7,600
Elem/Mid School
STU
1.09
0.2
$170
High School
STU
1.38
.50
$520
Private School
STU
2.39
0.2
$360
Golf Course
ACRE
8.33
1.0
$6,330
Theater
SEAT
1.8
50
$680
Museum
TSF
7
1.0
$5,320
Mortuary
TSF
12.4
1.0
$9,420
Nursing Home
BED
3
1.0
$2,280
Racquet Club/Health
Spa COURT
40
.50
$15,200
Auto Dealership
AC
300
1.0
$228,000
EXHIBIT B
City of San Juan Capistrano 6 Austin -Foust Associates, Inc.
Capistrano Circulation Fee Program (CCFP) 180042nfp.wpd