DECEMBER 5, 2023
DEVELOPMENT
IMPACT FEES & TRAFFIC
IMPACT FEE ANALYSIS
2 OVERVIEW
•Development Impact Fees Annual
Report
•Traffic Impact Fee Analysis
DEVELOPMENT
IMPACT FEES
ANNUAL REPORT
4 • California Government Code 66006 specifies that local agencies must prepare annual reports of Development Impact Fees (DIF) within 180 days of the close of the fiscal year.
• The report must describe the fee, the amount of fees collected, interest earned if any, and identifications of any expenditures from those funds.
• California Government Code 66006 also specifies that the report must be reviewed the by agency’s legislative body at a regularly scheduled meeting not less than 15 days following release to the public. The DIF was noticed to the public on November 19, 2023.
State Requirements
5 Types of Development Impact Fees
• Park Development Impact Fees – developer fees that provide funding for additional or improved park and/or recreational improvements. • Drainage Impact Fees – developer fees that provide funding for the additional construction and maintenance of the City drainage system. • Traffic Impact Fees – developer fees that provide funding for additional or improved traffic signal, operation, and infrastructure improvements. • Fire System Development Fees – developer fees that provide funding for additional fire protection facilities, equipment and paramedic support.
• Cannabis Traffic Impact Fees – developer fees that provide funding for additional or improved traffic signal, operation, and infrastructure improvements.
Description
Park
Development
Fees
Drainage
Fees
Traffic Impact
Fees
Fire System
Development
Fees
Cannabis
Traffic Impact
Fees
Beginning
Fund Balance 3,615,436 2,242,221 5,657,766 635,685 -
Revenue
Total
191,520 206,555 668,873 6,567 435,436
Expense Total
(934,235) (273,825) (485,738) - -
Ending Fund
Balance 2,872,722 2,174,951 5,840,901 642,253 435,436
* Preliminary unaudited FY 2022-23 financial results
TRAFFIC IMPACT FEE
ANNUAL REVIEW
8 •Ad Hoc Committee met on November 2, 2023
•TIF Analysis included:
o TIF range between $176 and $476 per ADT
o Recently Completed Projects
o Consideration of Active Transportation Projects
o Traffic Signal Synchronization Projects
o TIF Fund Balance
•Revised calculation of $231 per ADT based on revised list of CIP projects and inclusion of Active Transportation projects.
TIF AD HOC COMMITTEE REVIEW
9 •Beginning fund balance July 1, 2022 - $5,657,766
•Revenues - $ 668,873
•Expenditures - $ (485,738)
•Fund Balance as of June 30, 2023 - $5,840,901
•Capital Projects Current and five-year CIP - $4,723,308 •*Preliminary unaudited FY 2022-23 financial results
TRAFFIC IMPACT FEE FUND BALANCE
as of June 30, 2023*
10 •Adopt proposed resolution which includes:
o Continue traffic impact fee of $235 per ADT with the inclusion of Active Transportation projects;
o Continue allocation of up to 10% of traffic impact fees towards traffic signal synchronization projects;
o Continue 5% reduction in automobile trips as result of ATP implementation and additional 5% reduction in automobile trips for developments proposing to implement active transportation improvements beyond typical development requirements.
TIF AD HOC COMMITTEE
RECOMMENDATION
11 Questions ?
December 5, 2023
City Council
Outdoor Dining Code Amendment
2 Ordinance Background
• In response to the COVID-19 pandemic, the City Council approved Urgency Ordinance 2020-15 on June 2, 2020.
Streamlined approval of outdoor dining areas.
Suspended development standards and parking requirements. • Outdoor dining was permitted in courtyards, walkways, parking lots and in certain areas of the public right of way.
• Staff issued 49 permits under this program.
3 Current TUP Statistics
22 27
Status
Active No Longer in Operation
3 6
7 5
0 1
2 3
4 5
6 7
8 Coutyard Walkway Parking Other
Location
Location
4 Planning Commission Modifications
• The Planning Commission reviewed a draft ordinance on November 13th, 2023.
• The Planning Commission recommended City Council adopt staff’s draft ordinance with the following modifications:
Increase threshold of removed parking spaces which required an MCUP from “two spaces or 10%” to “five spaces or 25%”, whichever is less; Modify barrier requirements by prohibiting temporary materials, limiting barrier height to five feet and permitting only the first 3.5 feet to be solid; and Add an operational standard that addresses potential parking related issues for all establishments with an outdoor dining area.
5 Example Outdoor Dining Area: Setback
Existing New
6 Example Outdoor Dining Area: Courtyard
Existing New
7 Example Outdoor Dining Area: Parking Lot
Existing New
8 Proposed Development Standards
• Outdoor dining areas will be exempt from required parking. • Outdoor dining areas cannot encroach into drive aisles or required site circulation.
• Barriers or improvements must match the design aesthetics of existing or proposed buildings.
• Landscaping is required around outdoor dining areas.
9 Specific Development Standards
• Must maintain a 3-foot
landscape barrier.
• Barriers cannot visually
enclose the dining area.
Within Setback Areas
10 Specific Development Standards
• Must comply with all parking design
standards (dimensions, turn radius,
etc.).
• Barriers cannot visually enclose the
dining area.
• New proposed outdoor dining areas can
receive a credit of up to five parking
spaces or 25% of required parking
spaces (whichever is less).
Within Private Parking Lots
11 Proposed Streamlined Approval Process
Staff Level Approval/Plancheck:
• In Courtyards/Wide Walkways.
• In Setbacks – up to 50% existing restaurant increase in public area. • In Parking Areas – up to 50% existing restaurant increase in public area and does not remove more than five parking spaces or 25% of existing, required parking, whichever is less.
Minor Conditional Use Permit (MCUP):
• In Setbacks – more than 50% increase in public area.
• In Parking Areas – more than 50% existing restaurant increase in public area; removal of more than five parking spaces, or removal of more than 25% of existing required parking, whichever is less. 12 Permitting of Existing TUPs
• Existing restaurants with previously
approved TUPs can continue to operate as
originally approved subject to compliance
with building, fire, and minimum access and
circulation requirements, and aesthetic
design standards.
• Staff will proactively contact and assist these
restaurants by forming an “Interdepartmental
Customer Service Team” that consists of a
planner, building staff and the fire marshal.
13 Ordinance Modifications to Clarify Requirements
for Existing Outdoor Dining Areas in Drive Aisles
1 Temporary Use Permits for outdoor dining areas, including parklets within the public right-of-way, approved through Urgency Ordinance 2020- 15 may continue to operate with staff approval; however, shall comply with applicable Building and Fire Code requirements, circulation and parking lot standards may not interfere with minimum required site access or circulation, and shall comply with aesthetic development standards outlined in Section 13-48 within six months from the time of ordinance adoption, with an allowed six-month extension of time. Outdoor dining areas approved under a temporary use permit shall also be subject to applicable fees. Any modifications to these outdoor dining areas shall be approved pursuant to this Article.
Staff recommended clarifications to Table 13-47(b)
14 Recommendation
Staff recommends the City Council:
1. Find that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), and
2. Give first reading to an Ordinance approving a code amendment, amending Title 13 of the Costa Mesa Municipal Code (Zoning Code) regarding outdoor dining provisions,
with staff
recommended modifications.
December 5, 2023
City Council
Outdoor Dining Code Amendment