Loading...
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