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Home My Public Portal AboutOrdinance 7947/6/99 ORDINANCE NO. 794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ESTABLISHING TRAFFIC SIGNAL AND RAILROAD CROSSING MITIGATION FEES WHEREAS, California State law authorizes the collection of mitigation fees for the purpose of defraying the cost of public facilities, improvements and amenities related to new development, including traffic signal and railroad crossing mitigation fees; and WHEREAS, the Department of Public Works of the City of Beaumont has conducted a study which analyzes the growth of population and the increase in traffic generated thereby, and the number of traffic signals and the improvements in railroad crossings required in proportion to the growth in traffic; and WHEREAS, the study concluded that the mitigation fees established herein would generate revenues sufficient to install new traffic signals and to incrementally upgrade the City's railroad crossings; and WHEREAS, there is a correlation between growth and the need for additional traffic and railroad crossing improvements, and the traffic and railroad crossing mitigation fees established hereunder will fund signal and crossing improvements that are required by the additional traffic generated by new development; and WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the fees proposed by the Director of Public Works; and WHEREAS, at least 10 days prior to the hearing on the proposed fees, the Director of Public Works made available to the public data indicating the amount of funds required to provide the needed level of service for which the fee is levied and the revenue sources anticipated to provide the service; and WHEREAS, the City Council, at the time and place set for the hearing, duly considered the data and information provided by the Director of Public Works relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council finds that it is necessary to adopt a schedule of fees in order to generate the funds necessary to install the signals and improvements that new development warrants. NOW, THEREFORE, the City Council of the City of Beaumont hereby ordains as follows: Section 1: Findings The City Council finds and determines that new development in the City of Beaumont increases the amount of traffic utilizing the City's street system thereby requiring the installation of additional traffic signals and railroad signals and crossing improvements (including crossing signals, crossing gates, grade separations and other protective devices and associated work) at specified locations to improve transportation capacity, in order to protect the public health, safety and welfare, and that such development should pay its fair share of such improvements. Section 2: Purpose The purpose of this Ordinance is to provide for the imposition of fees on each new non-residential unit and residential dwelling unit and mobilehome space, which fees are to be placed in a restricted fund to be utilized for the purchase and installation of traffic signals, railroad signals and crossings (including crossing signals, crossing gates, grade separations and other protective devices and associated work, and all costs associated with railroad crossing protection). Section 3: Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: a. "Dwelling Unit" means a building or portion thereof or a mobilehome space or a mobilehome or manufactured house designed primarily for residential occupancy. The term "dwelling" shall not include hotels or motels. b. "Non -Residential Unit" means each gross acre (or fraction thereof) of retail, commercial, and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels. A Non -Residential Unit is equal to 17.15 Dwelling Units. c. "Mobilehome Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. d. "Equivalent Dwelling Unit" means one Non -Residential Unit or one Dwelling Unit or one Mobilehome Space. 2 Section 4: Traffic Signal Mitigation Fee A Traffic Signal Mitigation Fee is hereby authorized and shall be imposed on the construction of all non-residential units and dwelling units. The following Traffic Signal Mitigation Fee is hereby adopted: $176.00 per equivalent dwelling unit. Section 5: Railroad Crossing Mitigation Fee A Railroad Crossing Mitigation Fee is hereby authorized and shall be imposed on the construction of all non-residential units, dwelling units and mobilehome spaces. The following Railroad Crossing Mitigation Fee is hereby adopted: $199.00 per equivalent dwelling unit. Section 6: Annual Fee Adjustment The Railroad Crossing Mitigation Fee and the Traffic Signal Mitigation Fee shall be adjusted annually to reflect changes in the cost of construction. The base for computing the adjustment shall be the Building Cost Index of the Engineering News Record, published for the month nearest the effective date of this Ordinance. Section 7: Payment of Fees Fees required by Sections 4 and 5 above shall be paid upon the date of final inspection or the date a certificate of occupancy is issued, whichever occurs first. Computation of the amount required to be paid shall be made by the Director of Public Works or a designated representative. Section 8: Use of Traffic Signal and Railroad Crossing Mitigation Fees A special Traffic Signal Mitigation Fee Account and a special Railroad Crossing Mitigation Fee Account are hereby established and all fees collected pursuant to Sections 4 and 5 above shall be deposited therein. Such fees shall be expended therefrom solely for the purchase and installation, as applicable, of traffic signals and railroad signals including crossing gates and other protective devices, and all costs associated with railroad crossing protection including, but not limited to, planking, sidewalks, curbs and gutters and grade separation. 3 Section 9: Exemptions The following types of development shall not be required to pay the Traffic Signal and Railroad Crossing Mitigation Fees: a. The replacement of existing development, provided that the replacement occurs within 3 years of the date of destruction, contains the same number of equivalent dwelling units and does not add new square footage; and b. The rehabilitation or remodeling of existing development that does not add square footage or residential dwelling units. Section 10: Appeals In addition to any statutorily -authorized protest procedure, any person aggrieved by the computation of fees pursuant to this Ordinance shall have the right to appeal the computation to the City Council by filing a written notice of appeal no later than 15 days from the date of the computation. Written notice shall be filed with the City Clerk and state the objections of the person filing the notice. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least 21 days after the date the appeal was filed. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties. The decision of the City Council shall be final. Section 11: CEOA The mitigation fees adopted hereunder are exempt from the California Environmental Quality Act, Public Resources Code, Section 21080(b) for the reason that the fees are imposed for the purpose of purchasing materials and for obtaining funds necessary to maintain service within existing service areas. Section 12: Judicial Review In accordance with the Government Code of the State of California, any judicial action or proceeding to attack, review, set aside, void or annual this Ordinance shall be commenced within 120 days of the date of adoption of this Ordinance. 4 California Code of Civil Procedure, Section 1094.6 is hereby adopted and made applicable to any judicial review of any decision made by the City Council, or its agents, representatives or employees. Section 13: Severability If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed those sections, subsections, clauses and phrases irrespective that one or more may be declared invalid or unconstitutional. Section 14: Effective Date This Ordinance shall become effective 60 days after it is adopted. Section 15: Publication This Ordinance shall be published in its entirety at least once in the Record Gazette or the Press -Enterprise within fifteen (15) days after its adoption. 1999. AT PASSED, APPROVED, AND ADOPTED on this 14th day of September CITY OF BEAUMONT ICE C. LEJA, Mayor Deputy Cit Cler 5 The foregoing is 794 duly introduced on August 24, 1999 on September 14th AYES: NOES: ABSTAIN: ABSENT: (SEAL) Mayor Leja, None. None. Council CERTIFICATION certified to be a true copy of Ordinance No. at a regular meeting of the City Council held , 1999, and duly adopted upon a second reading , 1999, upon the following vote: Council Members Berg, DeForge, and Zeller. Member Westcot. (t/L CITY CLE 6 ft , CITY OFj/BEAUMONT City of Beaumont Traffic Signal, Railroad Crossing and Fire Station Impact Mitigation Fee Calculation L Assumptions' A. Transportation Equivalent Dwelling Units (EDU's) 1. Residential: 9.55 Average Daily Trips (ADT) per dwelling unit (DU). 2. Commercial/Industrial: 163.85 ADT per gross acre or 17.15 EDU per gross acre (AC). B. Non -transportation EDU's 1. Residential: 1 EDU per DU. 2. Commercial/Industrial: 10 EDU per AC. C. General Plan Authorized New EDU's 1. Transportation EDU's a. Residential: 32,000 EDU b. Commercial/Industrial: 1,965 AC x 17.15 EDU/AC = 32,700 EDU. TOTAL TRANSPORTATION EDU'S: 64,700 EDU 2. Non -transportation EDU's a. Residential: 32,000 EDU b. Commercial/industrial: 1,965 AC x 10 EDU/AC = 19,650 EDU TOTAL NON -TRANSPORTATION EDU'S: 51,650 II Traffic Signal Fee Calculation A. Assumptions 1. Average Traffic Signal Cost (inc. engineering): $175,000 each (EA) 2. Traffic Signals Required: 65 'All equivalent dwelling unit factors are based on the City of Beaumont Community Facilities District 93-1 factors as set forth in the adopted Rate and Method of Special Tax Apportionment. All equivalent dwelling unit totals are based upon projections for residential, commercial and industrial development contained in the City of Beaumont General Plan. B. Fee Calculations 1. Total Traffic Signal Cost: $11,375,000 2. Traffic Signal Fee: $11,375,000/64,700 EDU = $176 per EDU III. Railroad Crossing Fee Calculation A. Assumptions 1. Average Grade Separation Cost: $3,211,200 EA 2. Grade Separations Required: 4 B. Fee Calculation 1. Total Grade Separal:ion Cost: $12,844,800 2. Grade Separation Fee: $10,137,600/64,700 = $199 per EDU IV Fire Station Fee Calculation A. Assumptions 1. Fire Station Cost: $3,110,664 EA 2. Fire Stations Required: 3 B. Fee Calculation 1. Average Fire Station Cost: $9,000,000 2. Fire Station Fee Calculation: $9,000,000/51,650 = $181 per EDU FEE SUMMARY Traffic Signal Fee: Railroad Crossing Fee: Fire Station Fee: $176 per EDU $199 per EDU $181 per EDU Cost Assumption Details: I. Railroad Crossings A. Locations 1, Pennsylvania Avenue 2. Viele Avenue 3. San Timoteo Creek Crossing west of Interstate 10 4. California Avenue B. Average Dimensions of Structures and Approaches 1. 88' x 300' for each structure 2. 100' x 600' For each approach C. Average Cost of Structures and Approaches 1. Structures: $90.00 per square foot plus 20% for engineering, plan check and inspection Subtotal $2,851,200 2. Approaches: $5.00 per square foot plus 20% for engineering, plan check and inspection Subtotal $360,000 II Fire Stations A. Locations 1. South of Interstate 10 and east of Beaumont Avenue 2. South of Interstate 10 and west of Beaumont Avenue 3. North of Interstate 10 and west of Beaumont Avenue B. Land Costs 1. 1 acre at $4.50 per square foot 2. Site improvements at $2.00 per square foot plus 20% for engineering, plan check and inspection Subtotal $300,564 C. Building and Equipment Costs 1. 20,000 square feet at $65.00 per square foot plus 20% for architecture, plan check and inspection Subtotal $1,560,000 2. Station equipment lump sum $1,250,000