Res 08-018
RESOLUTION NO 08-018
A RESOLUTION OF THE CITY COUNCIL
OF TH!= CITY OF POWAY, CALIFORNIA,
ADOPTING A TRAFFIC IMPACT FEE FOR REGIONAL ROADWAY
AND TRAFFIC SIGNAL IMPROVEMENTS PURSUANT TO
SECTION 15.06050 OF THE POWAY MUNICIPAL CODE
WHEREAS, Article XI Section 7 of the California Constitution authorizes cities to
use their police powers to protect the public health, safety and welfare by, among other
things, enacting development impact fees, and
WHEREAS, California Government Code Section 66484 authorizes cities to impose
a requirement for the payment of fees as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing
major thoroughfares, and
WHEREAS, California Government Code Section 66000 establishes a procedure
under which cities can adopt development impact fees or update existing fees as a
condition of approval of a development project; and
WHEREAS, The City of Poway Municipal Code Section 1506050 gives the City
Council the authority to impose traffic impact fees when a building permit is issued for a
parcel; and
WHEREAS, In November 2004, voters in San Diego County approved a 40-year
extension to the existing TransNet program to fund improvements to the region's
transportation system, and
WHEREAS, The extension Ordinance requires local agencies to collect traffic
impact fees, starting July 1, 2008 from residential dwelling units to fund the Regional
Transportation Congestion Improvement Program (RTCIP) to insure that new development
directly invests in the region's transportation system to offset the negative impact of growth
on congestion and mobility; and
WHEREAS, In November 2007, the San Diego Association of Governments
(SANDAG) released a nexus study entitled "RTCIP Impact Fee Nexus Study - Final
Report" to document the required statutory findings for the $2,000 traffic impact fee per
residential unit under the California Mitigation Fee Act, and
WHEREAS, the City Council intends by this Resolution to establish a requirement
and procedures for the imposition of development impact fees to share in the costs of the
design and construction of regional transportation facilities, to ensure that the fees
permitted by the police power, California Government Code Sections 66483 and 66484,
Poway Municipal Code Section 15 06 050 are appropriate,
Resolution No 08-018
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows
Section 1 The City Council finds that the adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15061 (b)(3) of the CEQA Guidelines, as it entails State-mandated updates to current City
regulations, and there is no possibility that this will have a significant effect on the
environment.
Section 2. The City Council hereby, starting July 1, 2008, establishes a fee of $2,000
per residential dwelling unit, regardless of type, to fund roadway and traffic signal
improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road,
Community Road, Ted Williams Parkway, Camino del Norte and Scripps Poway Parkway
considered part of the Regional Arterial System
Section 3 The City Council will update the $2,000 traffic impact fee from time to time by
Resolution as required by SANDAG
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, at a
regular meeting, this 1st day of April 2008
Mic
ATTEST
~~
Resolution No 08-018
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No 08-018, was duly adopted by the City
Council at a meeting of said City Council held on the 1 st day of April 2008, and that it was
so adopted by the following vote.
AYES EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT BOYACK
DISQUALIFIED' NONE
~~~
L. Diane Shea, City Clerk
City of Poway