HomeMy WebLinkAboutCity Council Resolution 92-044
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RBSOLUTIOB BO:
92-044
A USOLUTIOB OJ' TBB CITY COuøCIL OJ' TBB
CI'l'Y 01' SARATOGA COBCDJlIBG ftll
IMP08ITIOK 01' A 'f:RU'J'IC IMPACT I'IIB I'OR
TBB COøSTRUCTIOJI 01' 10IIf DWBLLIIIG
0111'1'8 III ftB lID IOJIIBG DISTRICT
WHBRRAS, 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
WBBRBAS, 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 circula-
tion needs created by anticipated future develop-
ment 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 north-
easterly 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 improve-
ments to pierce Road, including repaving 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 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.
WKERBAS, 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.
BOW, THEaEPORE, BE IT RESOLVBD by the City Council of the
City of Saratoga as follows:
1. Incorporation of Ordinanc. Pin4inq8. Each of the
findings and determinations set forth in Ordinance No. 70 is
hereby ratified, confirmed and incorporated herein by reference.
2. Additional Windings. With respect to the 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
$5,975.35 .
(b) No disbursements have been made from the Northwest
Hillside Traffic Circulation Fund. As of the date this Resolu-
tion is adopted, the amount accumulated in such fund from the
deposit of Traffic Impact Fees is the sum of approximately
$1,003,000.
(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 have been con-
structed by private developers, the value of land has substan-
tially 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. Purpo.. of P.e. 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.
4. U.e of P.e. 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).
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5. .elationsbip Between Use of ~ee and Type of
Develop..nt. 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. ..lationship Between Aaount of ~.. and Cost of
~aoilities. The Traffic Impact lee 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 been increased to a
larger degree than the increase in the amount of the fee.
8. Judioial Aotion. 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 thefity Council of the City of Saratoga
held on the ~ day of ~J_ ,1992, by the following vote:
AYES: Councilmembers Clevenger, Stutzman and Mayor Kohler
NOES: None
ABSENT:
Monia/% //~
Council members Anderson and
ATTEST:
~q~
June 12, 1992
273\res\traffic.res
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