Westminster Municipal Code Ch. 3.58 Traffic Impact Fees

The city council of the city of Westminster finds that future development, or redevelopment, of property within the city may result in traffic volumes that exceed the capacity of the existing city-wide circulation system.

The city council of the city of Westminster has determined that the failure to expand the capacity of existing Circulation Element in accordance with the Traffic Circulation System Improvement Plan will cause unacceptable levels of congestion on streets and intersections, traffic accidents, air pollution, noise, and restrictions on access for emergency vehicles.

The city council also finds and declares that, in the absence of this ordinance imposing a fair share traffic contribution, existing and future sources of revenue are inadequate to fund a substantial portion of the circulation system improvements necessary to avoid unacceptable levels of congestion and related adverse impacts.

(Ord. 2203 § 2, 1993)

The city council of the city of Westminster finds and determines that the adoption of the Traffic Impact Fees Ordinance will raise revenues sufficient to enable the City to construct circulation system improvements that increase roadway capacity within the city of Westminster such that traffic generated by development and redevelopment of land within the city will not result in unacceptable levels of congestion of the circulation system.

The city council also finds and declares that this ordinance contains a fair and equitable method of determining the extent to which the development or redevelopment of land will generate traffic volumes and establishes a fair and equitable method for distribution of costs of circulation system improvements necessary to accommodate the traffic volumes generated by such development.

The city council, after thorough review of all relevant information, has made specific factual findings concurrently with the adoption of this ordinance. The specific findings made by the council as of the time of the adoption of this ordinance are as follows:

A. In 1965, the city council adopted a Land Use Element as part of the General Plan for the city of Westminster. The Land Use Element specifies the permitted uses of land within the city of Westminster and places limits on the intensity and density of such use. The Land Use Element has been updated and amended, from time to time, to reflect changes in land use and intensities approved by the city council subsequent to the adoption of the Element.

B. The city council has conducted a thorough and intensive study of the relationship between the land uses and densities permitted by the General Plan and the actual development of property. The relationship between permitted uses and densities and actual development has been studied over a period of several years and based upon this study, the city council is able to analyze trends in growth and development and the extent to which total anticipated development will be different than development authorized under the General Plan and relevant zoning ordinances. Based upon this study and analysis, the city council is able to predict with some certainty, the magnitude and extent of future development.

C. The city council has also studied and evaluated the extent to which different land uses generate automobile trips (trip generation rates). The city council, in evaluating trip generation rates, has taken into consideration material prepared by the International Institute of Transportation Engineers (ITE) and similar organizations. The traffic generation factors established in this ordinance reflect the most accurate characterization of the actual traffic generated by specific land uses.

D. The city council, based upon its study of trends in development and trip generation rates, has determined that the existing Roadway Capacity is inadequate to accommodate traffic volumes that will be generated by future development.

E. The city council finds that implementation of the improvements specified in the Traffic Circulation System Improvement Plan would result in a Circulation System which has the capacity to accommodate the additional traffic volume that will be generated by anticipated future development.

F. Implementation of the Traffic Circulation System Improvement Plan will require the construction of major improvements to the existing city-wide circulation system. The city council has, after review of all relevant information, determined which roadway improvements are necessary to implement the Traffic Circulation System Improvement Plan, the cost of those improvements, and estimated funds available to make such improvements, as well as the extent to which funding is inadequate to make the necessary improvements.

G. The city council, in determining the extent to which funds are available to make roadway improvements, has evaluated present and future sources of state, federal and county funding, city revenues which are earmarked for roadway-related improvements and the extent to which committed projects are required to construct or fund roadway improvements that will assist in the implementation of the Traffic Circulation System Improvement Plan. The city council has determined that the extent to which regional traffic will impact the Circulation System of the city of Westminster is generally offset by existing and anticipated sources of funding from governmental entities or private developers.

H. While the traffic volume generated by single development may not be, in and of itself, sufficient to overload the existing circulation system, the cumulative impact of all new development will result in unacceptable levels of traffic congestion, unless the Traffic Circulation System Improvement Plan is implemented. For this reason, the only fair and equitable method of securing the revenues necessary to construct required circulation system improvements is a contribution based solely on the extent to which new development generates additional traffic volumes. The formula for establishing each Traffic Impact Fee is as fair and equitable as possible. The city council also finds that, by requiring the fee in conjunction with the issuance of building permits, the funds generated by this ordinance will enable the city to construct major improvements to the Circulation System concurrently with the traffic volumes created by development.

I. The roadway improvements that will be constructed with funds generated by this ordinance will significantly benefit the contributor in that the adverse impacts, such as noise, air pollution, delay, accidents, and inconveniences, will be alleviated or eliminated and the council further finds that the benefit derived from roadway improvements is generally equivalent to the contributions received.

J. Biannual review, and possible revision, of the provisions of the related Traffic Impact Fees Resolution establishing the procedures for the payment of fees, will allow for the adjustment of the contributions to be made under this ordinance to ensure that those contributions remain fair and equitable over the life of the Impact Fee Program.

(Ord. 2203 § 2, 1993)

The provisions of this ordinance shall apply to all new development, and to any redevelopment of any existing building or parcel, unless otherwise provided herein.

A. The Traffic Impact Fee is based upon the unfunded portion of the construction cost of the total Circulation System Improvements necessary to implement the Traffic Circulation System Improvement Plan, and the total number of vehicle trips anticipated as a result of future growth.

B. The Traffic Impact Fee shall be calculated, in accordance with the following procedure and as established by the Traffic Impact Fee Resolution adopted by city council in conjunction with this ordinance.

1. The city council shall determine by resolution net roadway cost as follows:

a. The city council shall determine which roadway and related improvements are necessary to implement the Traffic Circulation System Improvement Plan.

b. The city council shall determine, for each specific improvement, an estimate of the total costs necessary to complete each improvement.

c. The city council shall determine, with respect to roadway improvements, an estimate of the current and anticipated funding available to satisfy the costs of construction. In determining the amount of funding available for roadway improvements the council shall include funding from other governmental entities, City revenues earmarked for roadway construction purposes, and the extent to which committed projects are required to construct or fund the specific roadway improvement.

d. The city council shall determine for roadway improvements, the difference, if any, between the estimated costs of construction and the estimated funding available to complete the improvement.

e. The extent to which the cost of construction for all roadway improvements exceed the funds available, or anticipated for construction the improvement, shall be the "net roadway cost".

2. The city council shall determine the total anticipated average daily trips resulting from future growth in the following manner:

a. The total remaining development in each land use category as established in the Traffic Circulation System Improvement Plan shall be multiplied by the trip generation rate established by the Institute of Transportation Engineers.

b. All of the additional daily trips of each land use category shall be added to determine the total average daily trips that the city's circulation system must accommodate in the future.

c. The city council shall determine the average cost per trip by dividing the net roadway cost by the total traffic volume generated by future growth.

d. The Traffic Impact Fee required of any project shall be calculated in the manner specified in the Traffic Circulation System Improvement Plan. If a proposed development is comprised of a land use for which a specified fee level has been set in the Traffic Impact Fee Resolution adopted by the city council, the appropriate fee should be calculated based upon the land use quantity proposed. If a proposed development is comprised of a land use for which a specific fee level has not been set, the appropriate fees should be calculated based upon the projected daily trip generation as approved by the city engineer, at a rate per trip as specified in the Traffic Impact Fee Resolution adopted by the city council.

C. Biannually, or as deemed necessary, the city council in conjunction with the city's budget sessions, shall review the Trend Growth Assumptions, Trip Generation Rates, and Roadway Cost Estimates, and if necessary, shall amend the Traffic Impact Fee Resolution establishing the Traffic Impact Fees to ensure that it is a fair and equitable method for the distribution of costs of circulation system improvements necessary to accommodate traffic volumes generated by future growth.

D. In the event no substantive changes to any of the provisions of this ordinance or the Traffic Impact Fee Resolution occur during the time between the mandatory biannual city council reviews as set forth herein, the dollar amounts set forth in the Traffic Impact Fees Resolution and the Traffic Circulation System Improvement Plan thereof, shall be increased by the city engineer using the most appropriate price index available. This increase shall be calculated and become effective on July 1 of any year that the city council does not otherwise review the contents or provisions of this ordinance and the Traffic Impact Fee Resolution.

(Ord. 2203 § 2, 1993)

No Certificate of Occupancy shall be issued for any project not exempt from this chapter unless all contributions required pursuant to this chapter have been deposited with the city engineer.

(Ord. 2203 § 2, 1993)

The contributions paid pursuant to the provisions of this chapter shall be set aside by the city in a fund to be used solely for the purpose of constructing roadway and related improvements necessary to complete implementation of the Traffic Circulation System Improvement Plan. Yearly, during the budget review, the city council shall review fund balances and required roadway improvements and make a determination for use of the funds for the coming fiscal year.

The following projects shall be exempt, in whole or in part, from the Traffic Impact Fees otherwise required by this chapter:

A. In the event a site contains one or more structures which are proposed to be demolished in conjunction with a new development, the contributions otherwise required by this chapter shall be reduced in an amount equal to the contributions that would have been required had the existing structure been subject to the provisions of this chapter.

B. In the event that no new construction is proposed, no contribution shall be required for the conversion from one land use category to another unless the land use category to which the property is to be converted generates more average daily trips than the existing use. In such case, the contributions to be charged shall be based solely on the difference between the contributions required for each land use as set forth herein.

C. Any residential construction that does not increase the number of permanent housing units on the parcel where the construction takes place, such as remodeling or rebuilding an existing house.

D. Any industrial or commercial change, development or construction that neither increases the footprint, nor increases square footage, nor changes the use of the parcel where the construction takes place, nor increases daily trip generation.

E. Police, fire, and public facilities.

F. Other governmental uses.

G. Schools.

H. The provisions of this section shall not apply to structures or uses which were demolished or terminated more than one year prior to the approval of a new development on the property.

(Ord. 2203 § 2, 1993)

A. In those cases where a developer has submitted a fair share contribution required as a condition of approval prior to the effective date of this ordinance, refunds are prohibited.

B. In those cases where a condition on a development approved prior to the effective date of this ordinance states that a fair share contribution shall be determined prior to the issuance of building permits, the contribution shall be based upon the amounts set forth in the Traffic Impact Fee Resolution at the time building permits are issued.

C. In those cases where a specific dollar amount was indicated in a previously imposed condition of approval, the contribution will be based upon the amount set forth in the Traffic Impact Fee Resolution at the time the building permits are issued.

(Ord. 2203 § 2, 1993)

A refund may only be made when a building permit expires and no extensions have been granted thereof for a development for which the funds have been collected. Where a land use proposed for a site is less intensive than the existing land use, no refund will be available to the developer.

(Ord. 2203 § 2, 1993)

Where there is a requirement imposed upon a phased project pursuant to this chapter for the payment of the fee it shall be payable serially as to each phase of the project, in conjunction with the improvements accomplished and not in one payment for the entire project.

(Ord. 2203 § 2, 1993)

It is the intent of the city council that the contributions required by this chapter shall be supplementary to the contributions and conditions imposed upon projects pursuant to the provisions of this code, the Subdivision Map Act, California Environmental Quality Act, and other state and local laws, ordinances, or charter provisions which may authorize the imposition of conditions or contributions on development. The fee program is to be used to fund roadway planning and improvements, but not the purchase of right-of-way. Developer payment of impact fees shall not preclude the city from requiring dedication of right-of-way or payment in lieu of dedication.

(Ord. 2203 § 2, 1993)

All projects subject to the provisions of this chapter shall comply with the requirements of the city's Development Phasing and Performance Monitoring Program, as adopted by resolution.

(Ord. 2203 § 2, 1993)