Costa Mesa City Zoning Code
CHAPTER XII
SPECIAL FEE ASSESSMENTS
§ 13-266 Purpose.
It is the purpose of this article to set forth the parameters for assessing the major thoroughfare and bridge fee.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-267 Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
A specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge facility project.
Those locations identified in the transportation or flood control provisions of the transportation sub-element or other element of the general plan or the County of Orange General Plan as requiring a bridge to span a waterway, railway, freeway or canyon.
Preliminary studies, design, acquisition of right-of-way, administration of construction contracts and actual construction.
Those roads designated as transportation corridors and major, primary, secondary or collector highways on the master plan of highways, the transportation sub-element of the general plan for the city or for the county. The primary purpose of such roads is to carry through traffic and provide a network connecting to the state highways system.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-268 Fee required.
(a)
Applicability. A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares.
(1)
The provisions for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the city's or county's general plan adopted at least 30 days prior to the application for a building permit and is on land located within the boundaries of the area of benefit.
(2)
Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.
(3)
Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of the benefit.
(b)
Area of benefit established. Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the public services director. The city council shall set a public hearing for each proposed area benefitted. Notice of the time and place of the hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner:
(1)
Notices shall be given at least 10 calendar days before the hearing by the following:
a.
Notice published at least once in a newspaper of general circulation within the proposed area of benefit.
b.
Notices posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit.
c.
Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.
d.
Notices sent by first-class mail addressed to all municipal advisory committees and known homeowners' associations within the boundary of the proposed area of benefit.
e.
Notice by first-class mail to any person who has filed a written request with the public services director. The request shall apply for the calendar year in which it is filed.
(2)
At the public hearing, the city council will consider the testimony, written protests and other evidence. At the conclusion of the public hearing, the city council may, unless a majority written protest is filed and not withdrawn as specified in subsection (2)b below, determine to establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the county recorder.
a.
The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for the property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources.
b.
Written protests shall be received by the city clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefitted, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of the written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making, the same in writing, at any time prior to the close of the public meeting.
c.
If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. The proceedings shall be commenced by a new notice and public hearing as set forth in this subsection.
d.
Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protected against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.
(c)
Planned bridge facility or major thoroughfare fund.
(1)
Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the costs of constructing the improvement.
The city council may approve the acceptance of consideration in lieu of the payment of fees established herein.
(2)
The city council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for the advances from planned bridge facility or major thoroughfare funds established pursuant to this section.
(3)
If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the applicant. The agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-269 Purpose.
It is the purpose of this article to set forth the parameters for assessing the fire protection system development impact fee.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-270 Establishment of development impact fee.
By city council resolution, a development impact fee shall be established based on the Costa Mesa Fire Protection System Fee Study. The resolution shall set forth the specific amount of the fee and set forth time for payment.
(a)
Limited use of fees. The revenues raised by payment of this impact fee shall be placed in a separate and special account and revenues, along with any interest earnings on that account, and used solely to pay for the city's future construction of facilities and equipment purchases or to reimburse the city for those identified facilities and equipment funded by the city with monies advanced by the city from other sources.
(b)
Fee refunds. A refund may be made when a building permit expires and no extensions have been granted for a development for which the funds have been collected.
(c)
Fee adjustments.
(1)
A developer of any project subject to the development fee impact program may apply to the city council for an adjustment of the fee. The developer shall have the burden of proving that either the amount of fee charged or the facility and/or equipment financed is disproportionate or not reasonably related to the impact of the project on the fire protection system. The application shall be made in writing and filed with the city clerk no later than:
(2)
The application shall state in detail the factual basis for the claim of adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application. The decision of the city council shall be final. If an adjustment is granted, any change in use or increase in building intensity within the project shall require reconsideration of the fee adjustment.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-271 Purpose.
The purpose of this article is to set forth the provisions for assuring an adequate transportation system in conjunction with new development.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-272 Definitions.
For the purpose of this article, the following definitions shall apply:
This article applies to the following development project approvals: general plan amendments, specific plans, master plans, rezones, development reviews, variances, use permits, administrative adjustments, minor modifications and development agreements, unless otherwise exempted by section 13-276, Exemptions.
The general area where two or more roadways join or cross.
A volume of traffic which will result in a 0.01 or greater increase in the peak period volume to capacity ratio at any given signalized intersection.
An intersection identified in the general plan for which the standard level of service may not be feasible upon general plan buildout. The intersection volume to capacity ratios identified in the general plan shall not be exceeded for these intersections.
A proportionate share based on a development project's impacts.
The standard level of service shall be level of service "D" or better (0.90 or less volume to capacity ratio) for all signalized arterial intersections within the city during peak hours Monday through Friday with the exception of those intersections identified as potentially deficient in the general plan. Levels of service shall be defined and computed using the Intersection Capacity Utilization (ICU) methodology.
A series of required and/or voluntary actions which reduce the vehicle trip generation rate of a specific use or uses of land.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-273 Comprehensive transportation system improvement program.
(a)
Purpose. The comprehensive transportation system improvement program shall be adopted by resolution of the city council which addresses the cumulative impacts of development in a defined impact area. This program shall mandate circulation improvements, including freeway improvements, to ensure that the master plan of highways is constructed and that the standard level of service is achieved and will be maintained at all intersections in the defined impact area in accordance with the general plan. For those intersections identified as potentially deficient, the program shall identify the maximum improvements feasible in accordance with the general plan. The program shall address the funding, construction and maintenance of transportation facilities to implement the master plan of highways. The program shall be updated on an annual basis.
(b)
Relationship to development fee program. The comprehensive transportation system improvement program shall be utilized to determine the pro rata share of the cost of necessary improvements attributable to development projects as described in section 13-274, Development fee program.
(c)
Development phasing and performance monitoring report. Each year the city shall prepare a development phasing and performance monitoring report which shall be used to update the comprehensive transportation system improvement program.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-274 Development fee program.
(a)
Establishment of development impact fee program. A development impact fee program shall be established by resolution of the city council based on the comprehensive transportation system improvement program. The program shall set forth the basis for the fee as required by State Government Code section 66001. The program shall establish guidelines for payment, accounting, and refund of the fees collected as required by State Government Code Sections 66001, 66006 and 66007.
(b)
Updates of fee. On an annual basis, the city council shall review this fee program, as required by State Government Code section 66002, to determine whether the fee amounts are reasonably related to the impacts of development projects and whether the described public facilities are still needed.
(c)
Limited use of fees. The revenues raised by payment through this fee program shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
(1)
Pay for the city's future construction of facilities or to reimburse the city for those facilities, described or listed in the program, constructed by the city with funds advanced by the city from other sources; or
(2)
Reimburse developers who have been required or permitted to install such listed facilities to the extent the actual cost of the facilities installed by the developer exceeds the impact fee obligation of the development project.
(d)
Developer construction of public facilities. Whenever the conditions of approval of a development project require direct construction of a public transportation facility (see section 13-275(c), Development project review procedures) described or listed in the comprehensive transportation system improvement program, a credit or reimbursement, as applicable, shall be given against the development impact fee, which would have been charged to the development project under the program, for actual construction costs incurred by the developer. The reimbursement and/or credit amount shall not include any improvements the city can require from the development project under the Subdivision Map Act, or the portion of the improvement deemed to be an on-site improvement that is not included in the comprehensive transportation system improvement program.
(e)
Fee adjustments. A developer of any development project subject to the fee program provided in this article may apply to the city council for:
(1)
A waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the circulation impacts of that development project and either the amount of the fee charged or the type of facilities to be financed; or
(2)
A reduction of the fee based upon the implementation of a transportation demand management program, as described in section 13-275(d), Development project review procedures.
(3)
The application for a fee waiver shall be made in writing and filed with the city clerk not later than:
(4)
The application shall state in detail the factual basis for the claim of waiver. The city council shall consider the application at the public hearing on the permit application held within 60 days after the filing of the application. The decision of the city council shall be final. If a waiver is granted, any change in use or increase in building intensity within the development project shall invalidate the waiver of the fee, and the developer shall be obligated to pay the full amount of the fee attributed to the development project, including the change in use or increase in intensity, as provided by this article.
(f)
Fee refunds. A refund shall be made when a building permit expires and no extensions have been granted for a development project for which the funds have been collected and the development project has not been constructed.
(g)
Fees for phased development projects. Where there is a requirement imposed upon a phased development project pursuant to this article for the payment of traffic impact fees into a comprehensive transportation system improvement program, such fees may be payable on a pro rata basis as each phase of the project is completed, in conjunction with the improvements accomplished.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-275 Development project review procedures.
(a)
Traffic study required. A traffic impact study shall be required for all development projects estimated by the public services director to generate 100 or more vehicle trip ends during a peak hour. Traffic studies may also be required for smaller projects at the discretion of the public services director. The cost of the study shall be paid for by the developer. The study area and number of intersections to be analyzed shall be determined by the public services director and the study area shall be reasonably related to the estimated impacts attributed to the development project. The traffic study shall also identify mitigation measures that are reasonably related to the development project's traffic impacts.
(b)
Mitigation measures. Mitigation measures for development projects shall consist of either payment of a development impact fee and/or construction of circulation improvements. The necessary circulation improvements may be designed and constructed by the developer as determined by the city. These mitigation measures shall be incorporated as conditions of the development project's approval. Table 13-275 indicates the criteria for either requiring payment of a development impact fee and/or construction of circulation improvements.
(c)
Approval criteria. A development project may be approved if as a condition of approval it is required to construct a circulation improvement and/or pay a development impact fee, as shown in Table 13-275, and if a finding is made that the development project's impacts will be mitigated at all affected intersections within three years of issuance of the first building permit for the development project, as described in subsection (b), unless additional right-of-way or coordination with other government agencies is required to complete the improvement. If right-of-way acquisition or coordination with other governmental agencies delays the improvement construction, appropriate measures shall be taken to ensure that the improvement construction occurs in a timely manner. Circulation improvements may be required sooner if, because of extraordinary traffic generation characteristics of the development project or extraordinary impacts to the surrounding circulation system, the circulation improvements are necessary to prevent significant adverse impacts. For phased development projects, the construction of circulation improvements may be phased as well based upon the findings of the traffic study.
When a development project affects a potentially deficient intersection, the development project's impacts shall be mitigated such that the intersection volume to capacity ratios identified in the general plan shall not be exceeded.
(d)
Transportation demand management program. Where a transportation demand management program is used to reduce vehicle trips related to a development project, the program shall comply with the following:
(1)
A conditional use permit for the development project and program must be approved by the planning commission consistent with the requirements of subsection (c). An annual report shall be prepared for the city at the expense of the property owner, to show whether the vehicle trip reduction identified in the program has been achieved and maintained.
(2)
If the annual report demonstrates that the vehicle trip reductions identified in the program have not occurred, the conditional use permit shall be reevaluated and additional conditions imposed by the planning commission in order to meet the requirements of this article.
(3)
The traffic impact development fees required under this article shall be based on the trip generation forecast without consideration of estimated reductions associated with a transportation demand management program. An application for a fee reimbursement may be approved by the city council pursuant to section 13-274(e), Development fee program, based upon documentation of average annual trip reduction over a three-year period as reported in the annual monitoring report referenced in section 13-273(c), Comprehensive transportation system improvement program.
(e)
Change of use. Each development project approved under this article shall be reevaluated by the public services director when any change in use occurs which may increase the project's traffic generation. The purpose of this reevaluation is to assure that traffic capacity is available in the transportation system. Any increase in traffic generation by the change of use shall be subject to review by the appropriate reviewing authority who may impose additional conditions on the development project for the mitigation of the increased traffic generation.
TABLE 13-275 DEVELOPMENT IMPACT CRITERIA | ||||
|---|---|---|---|---|
PROJECT DEVELOPMENT SIZE | INTERSECTION CONDITION | ICU INCREASE1 | MITIGATION MEASURE(S) | INTENT OF MITIGATION MEASURE(S) |
Projects generating less than 100 peak hour trip ends | Adequate (Standard Level of Service or better) OR Deficient (exceeds Standard Level of Service) | Less than 1% | Payment of impact fee | Contribute to implementation of the Comprehensive Transportation System Improvement Program |
1% or greater | ||||
Projects generating 100 or more peak hour trip ends | Adequate (Standard Level of Service or better) OR Deficient (exceeds Standard Level of Service) | Less than 1% | Payment of impact fee | Contribute to implementation of the Comprehensive Transportation System Improvement Program |
1% or greater | Payment of impact fee and improvement construction by developer under conditions listed in footnote #2 | Contribute to implementation of the Comprehensive Transportation System Improvement Program and mitigate development project's impacts | ||
1 | ICU = Intersection Capacity Utilization |
2 | When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in the general plan at the subject location are required as mitigation. If all of the improvements identified in the general plan are not required as mitigation, then only the improvements determined necessary by the public services director shall be constructed by the developer. |
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-276 Exemptions.
(a)
Exempt development projects. Projects which fall within any of the categories listed below shall be exempt from the provisions of this article:
(1)
Any residential construction that does not increase the number of permanent housing units on the lot where the construction takes place, such as remodeling or rebuilding an existing house or units. Second units are also exempt.
(2)
Any industrial or commercial construction that neither increases the footprint nor square footage or changes the use on the lot where the construction takes place, such as remodeling or rebuilding an existing structure, and does not increase peak hour trip generation.
(3)
Public benefit facilities limited to public libraries, public administration facilities, public parks, public utilities, schools and related facilities.
(4)
Facilities serving the health and safety of the public, limited to hospitals, police, fire and safety facilities.
(Ord. No. 11-10, § 1, 9-20-11)
§ 13-276.1 Purpose.
The purpose of this article is to establish the procedures for the payment of parks and recreation impact fees in conjunction with the establishment of new residential units.
(Ord. No. 15-09, § 1, 9-2-15)
§ 13-276.2 Requirement.
(a)
Any party that creates a multi-family residential development (e.g., apartment, duplex, triplex, multiplex) for renter households (collectively, "apartments") and any party who creates any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU), shall remit park fees as established in this article to provide park and recreational facilities to serve the future residents of such units.
(b)
The requirements of this article are in addition to any other applicable requirements of the municipal code, including Article 5 of Ch. XI, which sections relate to park/dedication fee requirements applicable to subdivisions.
(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)
§ 13-276.3 Relation of land required to population density.
Consistent with the general plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that 4.26 acres of property for each 1,000 persons residing within the city be devoted to public park and recreational purposes.
(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)
§ 13-276.4 Population density.
For the purposes of this article, population density shall be established by resolution of the city council, utilizing the following classifications:
(a)
Apartments. Any building (or portion thereof) or collection of buildings which provide two or more self-contained dwelling units not designated for separate ownership (i.e., the units not legally subdivided for homeownership). Notwithstanding the foregoing, for purposes of this article, ADUs and JADUs are not considered "apartments."
(b)
Determination of the number of dwelling units. The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the general plan for the property at the time the tentative or parcel map is filed with the city.
(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)
§ 13-276.5 Park fee formula for apartments.
The amount of park fee for apartments required pursuant to this section shall be based on the following formula:
FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000 |
Definition of terms: |
FEE The maximum cost to be appraised for fee payment. |
4.26 Number of acres per 1,000 persons. |
A.D.F. Apartment density factor obtained from section 13-276.4 population density as applicable to the proposed development. |
D.U. Number of dwelling units. |
P.C. Proportionate cost is the sum of the weighted cost of park land acquisition per acre of land and cost of construction per acre of land. |
(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)
§ 13-276.6 Amount of park fee for "apartments" and accessory dwelling units and junior accessory dwelling units.
(a)
(1)
Fee resolutions. The fees authorized via this article shall be periodically established and/or adjusted via a resolution of the city council. Such fees shall comply with Government Code section 66000 et seq., and shall not exceed the amounts authorized by Government Code section 66000 et seq.
(2)
ADU and JADU fees. The fees for ADUs and JADUs shall take into consideration the fees charged for apartments, and shall not violate Government Code section 65852.2, as it may be amended from time to time.
(b)
Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes where the developer proposes the dedication voluntarily and the land is accepted by the city council at its discretion. When land dedication is provided, it shall be accomplished consistent with applicable local ordinances, including any applicable requirements of the Subdivision Map Act.
(c)
If the developer objects to the amount of the fee pursuant to this article, an appeal may be made to the city council by filing an application of appeal with the city clerk and payment of an appeal processing fee as determined by the city council. A notice of appeal shall be filed with the city clerk within seven days of payment of the fee. The developer shall have the burden of proof in contesting the amount of the fee. Within 30 days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city council, and the decision shall be final and conclusive in determining the amount of the fee.
(d)
The fee shall be paid to the development services department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the development on which the fee is charged. Upon receipt of the fee, the development services department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code.
(e)
In order that the fees levied pursuant to subsection (a) keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis, or as specified by city council by resolution. The fee schedule shall be adjusted consistent with applicable law.
(f)
Upon application to the development services department, the payment of the fee may be deferred where the department makes the following findings:
(1)
The developer has entered into a fee agreement with written evidence of adequate security to assure payment of the fee at a date prior to the issuance of a certificate of occupancy, and in a form approved by the city attorney; and
(2)
The deferral of the fee shall not adversely impact the development of new or the rehabilitation of existing neighborhood or community park or recreational facilities to serve the development.
(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)
§ 13-276.7 Procedure, credit.
(a)
Procedure. When fees are required, the same shall be deposited with the Development Services Department prior to issuance of building permits.
(b)
Credit. Credit shall be granted for dwelling units demolished as a part of the development. This credit shall be limited to the number of units existing at the time of the approval of the project and shall not be transferred to other developments.
(Ord. No. 15-09, § 1, 9-2-15; Ord. No. 21-03, § 6, 3-2-21)