Loading...
HomeMy WebLinkAboutCity Council Resolution 2665 RESOLUTION NO: 2665 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONCERNING THE IMPOSITION OF A TRAFFIC IMPACT FEE FOR THE CONSTRUCTION OF NEW DWELLING UNIT8 IN THE NHR ZONING DISTRICT WHEREAS, on September 5, 1984, the City Council of the City of Saratoga adopted Ordinance No. 70, entitled "An Ordinance of the City of Saratoga Establishing a Traffic Impact Fee to Finance Traffic Circulation Improvements in the NHR Zoning District; and WHEREAS, Ordinance No. 70 was based upon certain findings and determinations made by the City Council at the time said Ordinance was adopted, including the following: A. At the present time, there is only one public road through the NHR District, being Pierce Road, which is inadequate in terms of size, design and physical condition to handle the traffic circulation needs created by anticipated future development of single family homes within the NHR District. In addition, Pierce Road has, in the past, been subjected to damage or destruction as a result of landslides or other geologic hazards. B. The circulation element of the Specific Plan for the Northwestern Hillside area expressly requires the construction of a public road through the NHR District, running in a southwesterly and northeasterly direction between Mt. Eden and Parker Ranch Road ("SW-NE Road"). According to the traffic studies attached as Appendix 4 to the Specific Plan, the SW-NE Road would significantly relieve the traffic burden on Pierce Road. The Specific Plan also provided for various improvements to Pierce Road, including repaying and reconstruction of bridges. C. The construction of SW-NE Road, reconstruction of bridges and improvements to Pierce Road will directly benefit all of the future residents in the NHR District. Such improvements are required to meet the traffic circulation needs created by new development in the area. The occupants of each new -1- dwelling unit within the NHR District will derive the same benefit from the traffic circulation improvements and it is therefore equitable to allocate the cost of the improvements on an equal basis. WHEREAS, Assembly Bill 1600 (Stat. 1987, Chapter 927) requires certain determinations to be made for the continuation of development fees to finance public facilities, and the Traffic Impact Fee is subject to this requirement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. Incorporation of Ordinance Findings. Each of the findings and determinations set forth in Ordinance No. 70 is hereby ratified, confirmed and incorporated herein by reference. 2. Additional Findings. With respect to events and circumstances occurring subsequent to the adoption and implementation of Ordinance No. 70, the City Council finds and determines as follows: (a) After periodic adjustments to the amount charged for the Traffic Impact Fee based upon the percentage of any increase in the Caltrans Highway Index, as authorized in Section 4 of Ordinance No. 70, the amount of such fee being charged as of the date this Resolution is adopted is the sum of $6,072.00. (b) No disbursements have been made from the Northwest Hillside Traffic Circulation Fund. As of the date this Resolution is adopted, the amount accumulated in such fund from the deposit of Traffic Impact Fees is the sum of approximately $ 678~000.00 . (c) The SW-NE Road has not been constructed and no additional rights of way have been acquired by the City for such road. (d) Although some improvement work has been performed on Pierce Road and the bridge improvements may be constructed by private developers, the value of land has substantially increased, thereby increasing the cost to acquire the remaining right-of-way for the SW-NE Road. Consequently, the full amount of the Traffic Impact Fee is still required. 3. Purpose of Fee. The Traffic Impact Fee was established and imposed to meet the traffic circulation needs created by new development in the NHR District. Such needs have not been reduced or mitigated since the time Ordinance No. 70 was adopted. The volume of new construction in the NHR District has actually increased during recent years as a result of favorable economic conditions. -2- 4. Use of Fee. As originally stated in Ordinance No. 70, the Traffic Impact Fee will be utilized to finance construction of the SW-NE Road, reconstruction of bridges on Pierce Road (to the extent required), and resurfacing or repair of Pierce Road (to the extent required). 5. Relationship Between Use of Fee and T~pe of Development. The NHR District is a very low density residential zone in which all new development will consist of single family dwellings. The public facilities to be financed by the Traffic Impact Fee are designed and intended to service the present and future occupants of these dwellings. Such facilities have become necessary by reason of the increased volume of traffic generated by the new residential development. Consequently, there is a direct relationship between the use of the fee and imposition of such fee upon each new residential dwelling unit constructed within the NHR District. 6. Relationship Between Need for Public Facilities and Type of Development. As stated above, the only type of new development that will occur in the NHR District is the construction of single family dwellings. At the present time, there is only one through road which traverses the NHR District and this road is inadequate to handle the traffic circulation needs created by new residential development. It is primarily the occupants of this new development who will have a need for the facilities to be financed by the Traffic Impact Fee. 7. Relationship Between Amount of Fee and Cost of Facilities. The Traffic Impact Fee is based upon a determination by the City Council that: "The occupants of each new dwelling unit within the NHR District will derive the same benefit from the traffic circulation improvements and it is therefore equitable to allocate the cost of the improvements on an equal basis." Thus, the original amount of the fee was calculated by dividing the estimated construction cost for the SW-NE Road by the estimated potential number of building permits for new single family residences within the NHR District. Since adoption of Ordinance No. 70, the construction costs have increased to a larger degree than the increase in the amount of the fee. 8. Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this Resolution shall be brought within 120 days from the date this Resolution is adopted. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga -3- held on the 20th day of June ., 1990, by the following vote: AYES: Councilmembers Moy]es, Peterson, Stutzman and Mayor C]evenger NOES: None ABSENT: Counc i ] member Anderson Mayor Ci~6y Clerk ~' -4-