Chapter 9-102
URBAN VILLAGE TRAFFIC IMPACT/MITIGATION FEE PROGRAM
Sections:
9-102.030 Urban Village Traffic Impact/Mitigation Fee Program.
9-102.040 California Environmental Quality Act.
9-102.010 Purpose.
The purpose of this chapter is to establish a Traffic Impact/Mitigation Fee Program for the Urban Village Specific Plan (“Plan”) area that will assist in mitigating the cost of roadway improvements that are partly required as a result of new development within the plan area. (Ord. 2006-1 § 1 (part))
9-102.020 Findings.
A. The Laguna Hills Urban Village Traffic Impact/Mitigation Fee Study, dated June 1, 2005, (the “Study”), complies with California Government Code Section 66001 by establishing the basis for the imposition of fees on new development. In particular, the study:
1. Identifies the purpose of the fee;
2. Identifies the use to which the fee will be put;
3. Shows a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed;
4. Shows a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and
5. Shows a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributed to the development on which the fee is imposed.
B. The fees collected pursuant to this chapter shall be used to assist in financing the cost of the public facilities described or identified in the study (the “Improvements”).
C. After considering the descriptions of the improvements and cost estimates identified in the study, the City Council approves such project descriptions and cost estimates, and finds them reasonable as the basis for calculating and imposing the traffic impact/mitigation fee.
D. The improvements and fee methodology identified in the study are consistent with the City’s general plan.
(Ord. 2006-1 § 1 (part))
9-102.030 Urban Village Traffic Impact/Mitigation Fee Program.
A. The Laguna Hills Urban Village Traffic Impact/Mitigation Fee Study, dated June 1, 2005, which is attached hereto and is incorporated herein by reference, is approved and adopted as the basis for establishing the Urban Village Traffic Impact/Mitigation Fee Program. The study is on file with the City Clerk.
B. Definitions:
“Development permit” means any permit or approval from the city of Laguna Hills including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, subdivision map, revised final planned development, building permit, or other permit for construction or reconstruction.
“New development” means a development project requiring a development permit under the Laguna Hills Municipal Code (“LHMC”).
“Traffic impact/mitigation fee” means three thousand nine hundred fourteen dollars ($3,914.00) per each new PM peak hour trip as determined by the City Engineer based upon a traffic study.
“Urban Village Specific Plan area” means the two hundred forty (240) acres comprising the geographic area of the Urban Village Specific Plan.
C. Imposition of Fee and Payment. The traffic impact/mitigation fee shall be imposed as a condition of issuance of any development permit in the Urban Village Specific Plan area and, except as otherwise provided by state law, shall be paid prior to the issuance of a grading permit, if any, or the first building permit for the project.
D. Exemptions. The following new development is exempt from paying a traffic impact/mitigation fee:
1. Projects where a traffic study, or other reliable data, indicates no new PM peak hour trips will be generated, as confirmed by the City Engineer;
2. On single-family unit on a lot legally existing as of the effective date of the ordinance codified in this chapter which is consistent with the general plan and zoning designations of the Laguna Hills Municipal Code;
3. Second dwelling units on residential single-family lots;
4. Additions of accessory structures to single-family homes;
5. Addition of habitable living space to an existing single-family home.
E. Use of Fee. The traffic impact/mitigation fee shall be solely used: (1) for the purposes described in the study; (2) for reimbursing the city for new development’s fair share of the improvements identified in the study already constructed by the city; (3) for reimbursing developers who have constructed the improvements described in the study where those facilities were beyond that needed to mitigate the impacts of the developer’s project or projects.
F. Fee Review. Annually, as part of the budget process, the City Engineer shall review the estimated cost of the improvements, the continued need for those improvements, and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which this fee is charged. The City Engineer shall report his or her findings to the City Council at a noticed public hearing and recommend any adjustment to the traffic impact/mitigation fee or other action as may be needed.
(Ord. 2006-1 § 1 (part))
9-102.040 California Environmental Quality Act.
The City Council determines that the approval of the Laguna Hills Urban Village Traffic Impact/Mitigation Fee Study, dated June 1, 2005, and the adoption of this Traffic Impact/Mitigation Fee Ordinance codified in this chapter is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080(b)(8) of the Public Resources Code because the fees collected from the ordinance codified in this chapter will be used for transportation infrastructure necessary to maintain an acceptable level of service on existing roadways and intersections within the city. (Ord. 2006-1 § 2)