Loading...
HomeMy WebLinkAbout70 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA ESTABLISHING A TRAFFIC IMPACT FEE TO FINANCE TRAFFIC CIRCULATION IMPROVEMENTS 1N THE NHR ZONING DISTRICT The City Council of the City of Saratoga finds and determines as follows: A. At a special election ordered consolidated with the general election held on April 8, 1980, the voters of the City of Saratoga adopted an initiative ordinance commonly known as Measure "A" entitled "An Initiative Ordinance Directing Preparation of a Specific Plan for Preservation of the Rural Character of the Northwest Hillsides of the City of Saratoga and Imposing a Moratorium on Development Pending Completion of said Plan." B. Pursuant to the requirements of Measure "A" and the provisions of the California Government Code, Sections 65500 et seq., on June 2, 1981, the City, Council adopted the "Specific Plan for the Northwest Hillsides of the City of. Saratoga" ("Specific Plan"). C. The area covered by Measure "A" and the Specific Plan is designated in the City's zoning ordinance as the "NHR District." D. At the present time, there is only one public road through the NHR District, being Pierce Road, which is inadequate in term 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. E. The continued reliance upon Pierce Road as the only means of access through the NHR District presents a direct threat to the public health, safety and welfare. Emergency response vehicles cannot effectively service the area. Since most of the NHR District is located within a hazardous fire zone, an alternative access is particularly necessary to reduce the response times of the Saratoga and Central Fire Districts, including service to be provided by the proposed Seven Springs Fire Station to be constructed adjacent to the NHR District. F. The circulation element of the Specific Plan expressly requires the construction of a public road through the NHR District, running in a southwesterly and northeasterly direction between Mr. Eden and Parker Ranell 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 repaving and reconstruction of bridges. G. Pursuant to policies and action programs set forth in the Specific Plan, the City Council retained the services of Jennings-McDermott-Heiss, Inc., ("JMH, Inc.") to prepare the initial plans, specifications, cost estimates and financing -1- alternatives for the traffic circulation improvements in the NHR District. In July, 1984, JMH, Inc., submitted to the City a Northwestern Hillside Circulation Impact Study ("Impact Study"), which is incorporated herein by reference. The following estimates were included as part of the Impact Study: (1) Construction cost for SW-NE Road. (2) Development potential of all unimproved land within the NHR District (ioe., maximum permitted number of new dwelling units). (3) Calculation of Traffic Impact Fee, based upon each new dwelling unit bearing an equal share of the total cost of the traffic circulation improvements. H. JMH, Inc., has also furnished to the City preliminary plans, specifications and cost estimates prepared by Riley Associates, Civil Engineers, for reconstruction of the bridge on Pierce Road at Chalet Clotilde Drive ("North Bridge"). I. The construction of SW-NE Road, reconstruction of the North Bridge 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. J. The City of Saratoga has customarily required developers to contribute toward the cost of public improvements necessitated by the direct or cumulative impact of each development. The establishment of a Traffic Impact Fee to finance the construction of traffic circulation improvements in the NHR District is consistent with the Saratoga General Plan, the Specific Plan and the established practices of the City. NOW, THEREFORE, the City Council of the City of Saratoga does ordain as follows: Section 1. Imposition and Payment of Traffic Impact Fee. A Traffic Impact Fee in the amount of Five Thousand Dollars ($5,000.00) is imposed upon each new residential dwelling unit to be constructed in the NHR Zoning District. The fee shall be paid in full at the time a building permit is issued for construction of the dwelling unit. Except pursuant to a building permit issued prior to the effective date of this Ordinance, no person may begin construction of any new dwelling unit withn the NHR Zoning District unless the Traffic Impact Fee has been paid. Section 2. Exemptions. The Traffic Impact Fee shall not apply to any of the following: (a) Reconstruction, remodeling, expansion, rehabilitation or replacement of an existing dwelling unit. (b) Construction of accessory structures, as defined in Section 1.5 zz of the Saratoga Zoning Ordinance. (c) Second units for which a use permit is issued pursuant to Article 16A of the Sa. ratoga Zoning Ordinance. Section 3. Creation of Fund and Use Of Proceeds. All fees collected under this ordinance shall be deposited into a special fund entitled "Northwest Hillside Traffic Cirulation Fund." The fund, including any interest earned thereon, shall be used exclusively to offset the direct and incidental construction cost of the SW-NE Road connecting Parker Ranch Road and Mt. Eden. Upon completion of the SW-NE Road, any remaining funds may be used for reconstruction or replacement of the bridge on Pierce Road at Chalet Clotilde Drive, and the resurfacing or repair of Pierce Roa~d located within the NHR Zoning District. Section 4. Annual Adjustment of Fee. The Traffic Impact Fee set forth in Section 1 shall be increased as of April 1st each year by the percentage of any increase in the Cal Trans Highway Index above the level of such Index on April 1, 1984. Section 5. Refunds. The Traffic Impact Fee shall be refunded on application of the fee payer if it is shown to the satisfaction of the City Manager that the building permit for which the fee has been collected has been cancelled or surrendered without construction of any improvements thereunder. Section 6. Operative Date. The Traffic Impact Fee is applicable to all building permits for construction of dwelling units within the NF1R Zoning District issued on or after the effective date of this ordinance. Section 7. Partial Invalidity. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days from the date of its final passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5th day of September, 1984, by the following vote: -3- AYES: Councilmembers Callon, Clevenger, MOyles and Mayor Fanelli NOES: Ncne ABSENm: Councilm~ber H~a~ ~ /~2J,~///, MA YOR ' ' ATTEST: CITY CLERK The above and foregoing is a true and correct copy of Oi-dhmnce ._2P_ ..... which has been pubiishe~,~ -7,,,:c,,,d,:,~, t~ iuw. i ie Date -4-