A.
In
order to implement the goals and objectives of the Circulation Element
of the General Plan of the City of Garden Grove, the Master Plan of
Arterial Highways, the City's Growth Management Element to fulfill
Measure M's eligibility requirements, and to mitigate the traffic
impacts caused by new development within the City, certain future
public roadway improvements must be constructed.
B.
The
City Council has determined, based upon a study, that a traffic impact
mitigation fee is needed to address the cumulative impacts of new
development and fund improvements to ensure that an acceptable level
of service is achieved or maintained on all arterial highways and
their intersections in the City.
C.
The
City Council has determined that a traffic impact mitigation fee program
as set forth in this chapter is needed in order to address the funding
and construction of transportation facilities to achieve and maintain
an acceptable level of service. This mitigation fee program is enacted
under the City's police power pursuant to the California Constitution,
Article XI, Section 7.
(2635 § 1, 2004; 2804 § 1, 2011)
An analysis of the need for public transportation roadway improvements
required by new development was conducted and is set forth in a study
entitled "Revised Transportation System Improvement Program," which
is on file in the office of the City Traffic Engineer. Said study
sets forth the relationship between new developments, the needed improvements,
and the estimated costs of those improvements. Additional traffic
and transportation facilities studies or development impact fee studies
may be conducted from time to time to update and support the resolution
establishing the facilities and fees required to provide for the transportation
roadway improvements required by new development.
(2635 § 1, 2004; 2804 § 1, 2011; 2877 § 3, 2017)
A.
Establishment
of impact fee by resolution. A traffic impact mitigation fee is hereby
established. The City Council shall, by resolution, set forth the
specific amount of the fee, describe the benefit and impact area on
which the development fee is imposed, list the specific public improvements
to be financed, describe the estimated cost of these facilities, describe
the reasonable relationship between this fee and the various types
of new developments, and set forth time for payment.
B.
Time
for payment. The fee shall be payable prior to issuance of building
permits. Pursuant to Government Code Section 66007(b) with respect
to residential development, the City determines that the fees will
be collected for public improvements or facilities for which an account
has been established and funds appropriated and for which the City
has adopted a proposed construction schedule or plan prior to final
inspection or issuance of the certificate of occupancy, or that the
fees are to reimburse the City for expenditures previously made.
C.
Fee
determination. The fee determination process will take into account
the existing use of the property, such that the property owner will
be charged only for increased use of the property that affects traffic.
D.
Limited
use of fees. The revenue raised by payment of the fee shall be placed
in a separate and special account. Such revenues, along with any interest
earnings on that account, shall be used solely to pay for the City's
future construction of transportation facilities described in a resolution
or to reimburse the City for those facilities described in this "Revised
Transportation System Improvement Program" that have been constructed
by the City with funds advanced by the City from other sources.
E.
Fee
refunds. A refund may be approved when a building permit expires and
no extensions have been granted, for a development for which the funds
have been collected but construction has not yet been completed.
F.
Credit
for certain street widening improvements. If the City Traffic Engineer
determines that the developer is constructing eligible street improvements
included in the most current Transportation Facilities Study or Development
Impact Fee Study (right-of-way dedication is not an eligible credit),
the developer shall receive credit against the traffic impact mitigation
fee. In no case shall the credit exceed the traffic impact mitigation
fee applicable to the project.
G.
Credit
for prior or existing projects. In order for a developer to receive
credit towards the traffic impact mitigation fee for a prior or existing
project, the establishment of the use of the prior or existing project
must have been operational after January 1, 1991. The determination
of the credit will be based on the most current Transportation Facilities
Study or Development Impact Fee Study applicable at the time the credit
is requested. In no case shall the credit exceed the traffic impact
mitigation fee applicable to the project for which the credit is requested.
(2635 § 1, 2004; 2804 § 1, 2011; 2877 § 4, 2017)
When there is a requirement imposed upon a phased project for
the payment of a fee, it shall be payable serially as to each phase
of the project and not in one lump sum payment for the entire project.
(2635 § 1, 2004; 2804 § 1, 2011)
New developments or changes in property use that fall within
any of the categories listed shall be exempt from the provisions of
this chapter.
A.
Any
residential construction that does not increase the number of permanent
housing units on the parcel where the construction is proposed to
take place, such as remodeling or rebuilding an existing house.
C.
Police,
fire, and other public facilities.
(2635 § 1, 2004; 2804 § 1, 2011; 2877 § 5, 2017)
