This article of the Code of the City of Cypress may be referred
to as the "Traffic Impact Fee Ordinance" of the City of Cypress.
(Ord. No. 911, § 2, 3-14-94)
This article is intended to impose an impact fee at the time
of building permit issuance, in an amount based upon the square footage,
or most appropriate impact measurement of nonresidential and residential
development in order to implement the goals and policies of the growth
management element and circulation element of the city's general plan,
and to mitigate the traffic impacts caused by new development within
the city through the construction of identified traffic improvements.
Only needs created by new development in the designated development
areas will be met by impact fees. Impact fees shall not exceed the
cost of providing traffic improvements for which the need is substantially
attributable to those developments that pay the fees. The fees shall
be spent on new or expanded traffic improvements that substantially
benefit those developments that pay the fees.
(Ord. No. 911, § 2, 3-14-94)
As used in this article, the following words and terms shall
have the following meanings, unless another meaning is plainly intended:
shall mean 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 a.m. and p.m. peak periods.
shall mean the permit required for new construction and additions pursuant to Chapter 5 of the Code of the City of Cypress. The term building permit, as used herein, shall not be deemed to include permits required for grading, remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area or number of dwelling units resulting therefrom.
shall mean an entitlement to occupy and use a building granted
pursuant to the Code of the City of Cypress.
shall mean the City of Cypress, a municipal charter corporation
of the State of California.
shall mean the duly constituted governing body of the City
of Cypress, State of California.
shall mean any manmade change to improved or unimproved real
property, or the making of any material change in the use or appearance
of any structure or land.
shall mean expansion to all street and intersection capacity
enhancements and includes but is not limited to extensions, widening,
intersection improvements, upgrading signalization, and expansion
of bridges.
shall mean any charge, fee, or assessment levied as a condition
of issuance of a building permit or development approval when any
portion of the revenues collected is intended to fund any portion
of the costs of traffic improvements.
shall mean any development approved by the City of Cypress
for residential use.
shall mean the land on which development takes place.
shall mean traffic improvements and right-of-way dedications
for direct access improvements to and/or within the development in
question. Direct access improvements include but are not limited to
the following:
Access roads leading to the development;
Driveways and roads within the development;
Acceleration and deceleration lanes, and right and left turn
lanes leading to those roads and driveways; and
Traffic control measures for those roads and driveways.
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Site related improvements do not include traffic improvements
which have been identified as improvements which are to be funded
by impact fees.
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shall mean transportation planning, preliminary engineering,
engineering design studies, land surveys, right-of-way acquisition,
engineering, permitting, and construction of all necessary features
for any street improvement project including, but not limited to:
Construction of new through lanes;
Construction of new turn lanes;
Construction of new bridges;
Construction of new drainage facilities in conjunction with
street improvements;
Purchase and installation of traffic signalization (including
new and upgraded signalization);
Construction of curbs, medians, and shoulders; and
Relocating utilities to accommodate street improvements.
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Traffic improvements shall be specifically identified by resolution
of the city council in connection with establishing an amount of the
impact fee.
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shall mean the officially adopted zoning map and text regulating
all development and land use in the City of Cypress.
(Ord. No. 911, § 2, 3-14-94)
This article shall be uniformly applicable to development that
occurs within the city.
(Ord. No. 911, § 2, 3-14-94)
(a)
Upon
the effective date of this article, no building permit or extension
of a building permit issued prior to that date shall be issued for
a development which will generate additional traffic unless the impact
fee is imposed, calculated, and collected pursuant to this article.
(b)
Impact
fees shall not exceed the cost of providing traffic improvements for
which the need is reasonably attributable to those developments that
pay the fees. The fees shall be spent on new or expanded traffic improvements
that reasonably benefit those developments that pay the fees.
(c)
Impact
fees that are assessed against new development shall be assessed in
such a manner that any new development having the same impacts on
traffic improvements shall be assessed the same impact fee.
(Ord. No. 911, § 2, 3-14-94)
The payment of fees required by this article shall be made according
to the following procedures:
(a)
Payment procedure for commercial development projects. Fees
required by this article from commercial developers may be paid in
either of the following ways at the sole discretion of the developer
of the commercial development project:
(1)
The
total of all fees required by this article must be paid at the time
the city issues a building permit for the commercial development project;
or
(2)
At
least 25% of the total of all fees required by this article may be
paid at the time that the city issues a building permit for the commercial
development project. The balance of the fees, plus interest on that
balance as provided in subsection (d) of this section, shall be paid
in three equal annual installments.
Should an applicant elect to pay the fees as provided in this subsection (2), the full amount of all fees required by this article shall be secured by execution of an irrevocable letter of credit, or other security instrument acceptable to the city, prior to the issuance of a building permit for the commercial development project.
(b)
Payment procedure for phased commercial development projects. If a commercial development project will be constructed in phases,
and separate building permits will be issued for each phase, fees
imposed pursuant to this article shall be calculated on the basis
of the square footage of the entire project. However, payment of the
fees may be made separately for each phase of the project so that
the amount paid upon issuance of a building permit shall be the percentage
of the total fee equal to the percentage of the project's square footage
permitted to be constructed by the building permit.
(c)
Payment procedure for residential development projects. Fees
required by this article from a residential development project shall
be paid before final inspection of the dwelling unit on which fees
are imposed; the city may require the payment of the fees at an earlier
time if (1) the city determines that the fees will be collected for
capital improvements 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 (2) the fees are to
reimburse the city for expenditures previously made. For purposes
of this section, "appropriated" means authorization by the city council
for which the fee is collected to make expenditures and incur obligations
for specific purposes. Provided, however, that if a residential development
contains more than one dwelling unit, then the fees imposed by this
article on the entire development shall be paid before final inspection
of the first dwelling unit in that development. For the purposes of
this section, "final inspection" is defined as that term is defined
in Government Code Section 66007, as amended.
If the fees imposed by this article on a dwelling unit or units
are not paid before a building permit is issued for that dwelling
unit(s), the developer shall enter into a contract with the city to
pay those fees prior to final inspection of the dwelling unit(s).
The contract shall be recorded in the office of the Orange County
Recorder and shall constitute a lien for the payment of fees required
by this article. The lien should be enforceable against successors
in interest to the initial holder of the building permit.
The contract shall also require the building permitholder to
provide appropriate notification of the opening of any escrow for
the sale of the property for which the building permit is issued and
to provide in the escrow instructions that the fees required by this
article be paid from the sale proceeds in escrow prior to disbursing
proceeds to the seller, unless paid prior to the close of escrow.
(Ord. No. 911, § 2, 3-14-94)
(a)
The planning director shall be responsible for calculating the fees established under section 5-39 of this article and approved by the city council. This calculation shall be made at the time of application for the building permit for the residential or the commercial development project.
(b)
If the
development for which a building permit is sought contains a mix of
uses, the city must separately calculate the impact fee due for each
type of development, or as otherwise specified by resolution of the
city council to establish such fees.
(c)
Prior
to making an application for building permit, an applicant may request
a nonbinding impact fee estimate from the city, which shall base such
estimate on the development potential of the particular in gross square
footage or number of dwelling units given the maximum intensity permitted
by existing zoning and the applicable impact fee coefficient.
(Ord. No. 911, § 2, 3-14-94)
(a)
Except
as otherwise provided in this article, developers of residential development
shall pay an impact fee in an amount established by resolution of
the city council.
(b)
Except
as otherwise provided in this article, developers of nonresidential
development shall pay an impact fee in an amount established by resolution
of the city council.
(Ord. No. 911, § 2, 3-14-94)
(a)
Transfer of funds to finance department. Upon receipt of
impact fees, the city finance department shall be responsible for
placement of such funds into separate accounts as hereinafter specified.
All such funds shall be deposited in interest-bearing accounts in
a bank authorized to receive deposits of city funds. Interest earned
by each account shall be credited to that account and shall be used
solely for the purposes specified for funds of such account.
(b)
Establishment and maintenance of accounts. The city finance
department shall establish separate accounts and maintain records
for each such account whereby impact fees collected can be segregated
by types of traffic improvements to be financed.
(c)
Maintenance of records. The city finance department shall
maintain and keep accurate financial records for each account that
shall show the source and disbursement of all revenues; that shall
account for all monies received; that shall ensure that the disbursement
of funds from each account shall be used solely and exclusively for
the provision of traffic improvement projects; and that shall provide
an annual accounting for each impact fee account showing the source
and amount of all funds collected and the traffic improvement projects
that were funded.
(d)
Annual review and modification. The city shall annually,
in conjunction with the annual capital budget and budget improvements
plan adoption processes, review the development potential and make
such modifications as deemed necessary as a result of:
(1)
Development
occurring in the prior year;
(2)
Traffic
improvements actually constructed;
(3)
Changing
circulation needs;
(4)
Inflation;
(5)
Revised
cost estimates for traffic improvements;
(6)
Changes
in the availability of other funding sources applicable to traffic
improvements; and
(7)
Such
other factors as may be relevant.
(Ord. No. 911, § 2, 3-14-94)
The city may issue bonds, revenue certificates, and other obligations
of indebtedness in such manner and subject to such limitations as
may be provided by law in furtherance of the provision of traffic
improvements. Funds pledged toward retirement of bonds, revenue certificates,
or other obligations of indebtedness for such traffic projects may
include impact fees and other city revenues as may be allocated by
the city council. Impact fees paid pursuant to this article, however,
shall be restricted to use solely and exclusively for financing directly,
or as a pledge against bonds, revenue certificates, and other obligations
of indebtedness for the cost of traffic improvements.
(Ord. No. 911, § 2, 3-14-94)
(a)
The current
owner or contract purchaser of property on which an impact fee has
been paid may apply for a refund of such fee if:
(1)
The
city has failed to provide a traffic improvement serving such property
within six years of the date of payment of the impact fee; or
(2)
The
project for which a building permit has been issued has been altered,
resulting in a decrease in the amount of impact fee due;
(3)
The
city has reduced the capital budget dedicated to financing traffic
improvements after an owner has paid an impact fee based on the prior
capital budget. Any refund shall consist of a portion of the impact
fee paid on a proportional basis to the amount of reduction.
(b)
A petition
for refund along with the requisite fee as established by resolution
of the city council must be filed within one year of the event giving
rise to the right to claim refund.
(c)
The petition
for refund must be submitted to the planning director or her duly
designated agent on a form provided by the city for such purpose.
(d)
Within
one month of the date of receipt of a petition of refund, the planning
director or her duly designated agent must provide the petitioner,
in writing, with a decision on the refund request including the reasons
for the decision. If a refund is due petitioner, the planning director
or her duly designated agent shall notify the city finance director
and request that a refund payment be made to the petitioner.
(e)
Petitioner
may appeal the determination of the planning director to the city
council.
(Ord. No. 911, § 2, 3-14-94)
This article shall not affect, in any manner, the permissible
use of property, density of development, design and improvement standards
and requirements, or any other aspect of the development of land or
provision of capital improvements subject to the zoning and subdivision
regulations or other regulations of the city, which shall be operative
and remain in full force and effect without limitation with respect
to all such development.
(Ord. No. 911, § 2, 3-14-94)
The impact fee is in addition and supplemental to, and not in
substitution of, any other site-related improvements imposed by the
city on the development of land or the issuance of building permits.
It is intended to be consistent with and to further the objectives
and policies of the general plan and other city policies, ordinances,
and resolutions by which the city seeks to ensure the provision of
traffic improvements in conjunction with the development of land.
In no event, shall a property owner be obligated to pay for traffic
improvements in an amount in excess of the amount calculated pursuant
to this article; but, provided that a property owner may be required
to pay, pursuant to city ordinances, regulations, or policies, for
other siterelated improvements in addition to the impact fee for traffic
improvements as specified herein.
(Ord. No. 911, § 2, 3-14-94)
The following developments shall be exempt from the requirements
of this article:
(a)
Governmental
or public facilities;
(b)
Developments
on real property owned by a government transportation agency which
are used exclusively for public transportation purposes;
(c)
Public
elementary schools and secondary schools;
(d)
Accessory
uses creating no increase in traffic;
(e)
Reconstruction
or remodel development where there is no increase in use or intensity
thereby causing an increase in traffic.
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Any claim of exemption must be made no later than the time of
application for building permit. Any claim not so made shall be deemed
waived.
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(Ord. No. 911, § 2, 3-14-94)
(a)
A property
owner may elect to construct a traffic improvement listed in the citywide
traffic improvement plan. If the property owner elects to make such
improvement, the property owner must enter into an agreement with
the city prior to issuance of a building permit. The agreement must
establish the estimated cost of the improvement, the schedule for
initiation and completion of improvement, a requirement that the improvement
be completed to city standards, and such other terms and conditions
as deemed necessary by the city. The city must review the improvement
plan, verify costs and time schedules, determined if the improvement
is an eligible improvement, and determine the amount of applicable
credit for such improvement to be applied to the otherwise applicable
impact fee prior to issuance of any building permit. In no event may
the city provide a refund for credit that is greater than the applicable
impact fee. If, however, the amount of the credit is calculated to
be greater than the amount of the impact fee due, the property owner
may utilize such credit toward the impact fees imposed on other building
permits for development on the same site and in the same ownership.
(b)
The city
must reasonably provide for credits for other past and future monetary
and nonmonetary contributions by the developer to the construction
of the same traffic improvements, as follows:
(c)
No credits
shall be given for the construction of site related improvements required
by zoning, subdivision, or other city regulations.
(Ord. No. 911, § 2, 3-14-94)
