HomeMy WebLinkAboutAGENDA REPORT 1988 1102 CC REG ITEM 11F C
MOORPARK ITEM 111. F7:
JOHN PATRICK LANE STEVEN KUENY
Mayor ,, c, City Manager
ELOISE BROWN br.. CHERYL J. KANE
Mayor Pro Tern 4: City Attorney
JOHN GALLOWAY �► , PATRICK RICHARDS, A.I.C.P.
Councilmember i. ,`Vr. Director of
CLINT HARPER, Ph.D. o- � ` Community Development
Councilmember R. DENNIS DELZEIT
BERNARDO M. PEREZ ''•,; „' City Engineer
Councilmember JOHN V. GILLESPIE
MAUREEN W. WALL Chief of Police
City Clerk
MEMORANDUM
TO: The Honorable City Council
FROM: Steven Kueny, City Manager
DATE: October 19, 1988
SUBJECT: Proposed Means of Proceeding with the
Establishment of a City-Wide Traffic Mitigation Fee
As you are aware, the issue of traffic and needed solutions is the
biggest concern in the City. For some time the City has discussed a
City-wide AOC or Traffic Mitigation Fee to provide unspecified street
improvements not covered by an existing AOC that are needed to meet
the demands caused by the impacts of cumulative development. One
such improvement would be a connection to Broadway through the JBR
properties or Happy Camp Park or a northerly extension of Spring
Road. There may be a number of other potential improvements of
City-wide benefit, but they are more difficult to identify. A complete
list of such improvements probably would not be developed until
completion of the work anticipated as part of the Circulation Element
update. As you know, this is anticipated to take 18-24 months to
complete.
The City has been and continues to impose as a standard condition, a
requirement that the developer agree to pay a fee or participate in an
assessment district for road improvements. The condition reads as
follows: "In recognition of the need for public street and traffic
improvements to meet the demand generated by cumulative development
in the City, the applicant shall, prior to the issuance of a zone
clearance for the project, execute a covenant running with the land on
behalf of itself and its successors, heirs and assigns agreeing to
participate in the formation of, and be subject to, any assessment
district or other financing mechanism, including but not limited to the
payment of traffic mitigation fees, to provide funds for such
improvements should such a mechanism be established by the City. "
I suggest that the Council consider quantifying the potential
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
The Honorable City Council
October 19, 1988
Page 2
improvements and fee as soon as possible, even if it is only an
estimate. One way of approaching this would be to proceed with an
estimate of the previously mentioned northerly extension to Broadway
and to begin assessing a fee for a portion of the estimated cost on a
City-wide basis in the same manner as the existing AOC. The reason
for suggesting that only a portion of the estimated cost be assessed is
that the development of Happy Camp Park andother projects in the
unincorporated area should help pay for this particular road
improvement. The fee would only be preliminary and would be adjusted
when a more thorough study can be done. The City also needs to
consider the requirements of AB 1600 regarding imposition of new fees
after January 1, 1989. A brief synopsis of AB 1600 is attached.
Staff Recommendation:
This matter is presented for the purpose of discussion and to assist
the Council with consideration of potential direction to Staff to
quantify the traffic mitigation fee condition currently being imposed
on all new development.
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conditions on building permits during the five year period ,
following a subdivision's approval.
Ch. 218, SB 497 (L. Greene) makes a technical change to the legislative
findings pertaining to the statute of limitations on suits
challenging local agency land use decisions, by expanding its
applicability to all development projects.
Ch. 799, SB 524 (Russell) provides local agencies with the option to
prosecute violations of the Subdivision Map Act as either
misdemeanors or felonies.
Ch. 803, AB 450 (Costa) specifies that any revisions to time limits and
locally prepared lists of information that development project
applicants are required to meet, apply prospectively only. This
bill prohibits local agencies from declaring an application
incomplete based on said revisions, unless: 1) information is
needed to determine whether an environmental impact report (EIR)
or negative declaration is required; or 2) information is needed
to comply with new federal, state, or local requirements. AB 450
also extends until January 1, 1996, the sunset clause for
Government Code Section 66475.4, which sets forth a procedure for
judicial review of dedication requirements.
Ch. 982, AB 1208 (Cortese) makes numerous technical changes to the
Subdivision Map Act.
Ch. 985, AB 1486 (Sher) clarifies and amends the Permit Streamlining Act
to ensure due process through public notice, prior to automatic
approval of development projects. This bill also requires
permitting agencies to notify permit applicants of three sections
of existing law: 1) the public notice distribution requirements;
2) the hazardous waste and substance site requirements; and 3)
the prohibition of a public agency in imposing certain conditions
for approval of a building permit, or tentative subdivision or
parcel maps. AB 1486 makes other clarifying changes to the
Permit Streamlining Act.
Ch. 927, 6-1600--(Cortese)—with certain exceptions, requires local
agencies on or after January 1, 1989, to comply with all of the
following requirements when establishing, increasing, or imposing
a fee as a condition of approval of a development project: 1)
identify the purpose of the fee; 2) identify the use to which the
fee is being put; 3) show there is a reasonable relationship
between the fees use and the type of development on which the fee
is imposed; and, 4) show there is a reasonable relationship
between the need for the public facility and the typekof _
development project on which the fee is imposed. This measure
also requires local agencies to segregate the fees into separate
accounts and to reexamine the necessity for the,unexpended
balance of the fee every five years . Various methods of
refunding unexpended fees are permitted by this bill. AB"1600
becomes operative on January 1, 1989.
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