HomeMy WebLinkAboutCC Res 7744 2026-2-23 RESOLUTION 7744
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A TRAFFIC IMPACT FEE NEXUS STUDY,
ADOPTING A CAPITAL IMPROVEMENT PROGRAM AS
PART OF THE NEXUS STUDY, ESTABLISHING THE
TRANSPORTATION IMPACT DEVELOPMENT FEE
AMOUNT, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, the Mitigation Fee Act, contained in Government Code 66000 et seq.,
permits the City to impose development impact fees on new development for the
purposes of funding public facilities necessary to serve that new development; and,
WHEREAS, the City of Seal Beach conducted a comprehensive Traffic Impact Nexus
Study Update prepared by Iteris, Inc. (Iteris), dated December 15, 2025, included as
Exhibit A to this Resolution (Nexus Study), to fund transportation infrastructure
improvements associated with new development; and,
WHEREAS, development impact fees are monetary exactions, other than taxes or special
assessments, charged to applicants in connection with approval of a development project,
with the purpose to defray all or part of the cost of public facilities related to new
development; and,
WHEREAS, the City Council desires to update the Transportation impact Development
Fees pursuant to Chapter 4.10 of the Seal Beach Municipal Code on commercial,
industrial and residential development projects to fund the cost of transportation
infrastructure improvements within the City; and,
WHEREAS, the Nexus Study provides the documentation, detail, and other information
required by the Mitigation Fee Act as the basis for the adoption and imposition of the
development impact fee. Furthermore, the Nexus Study describes the benefit and impact
area on which the development impact fee is to be imposed, lists specific public
improvements to be financed through the imposition and collection of the development
impact fee, describes the estimated cost of providing the improvements and facilities,
describes the reasonable relationship between the development impact fee and the
various types of new development, and otherwise satisfies the requirements of the law
with regard to the imposition and collection of development impact fees; and,
WHEREAS, the collection of development impact fees is projected to generate funding
for future transportation facility and program needs, supporting the City's ability to
maintain adopted service standards; and,
WHEREAS, the City has complied with the notice and hearing requirements of state law
and the Mitigation Fee Act prior to adopting the Nexus Study, Capital Improvement Plan,
and the fee specified in this Resolution, and a notice of public hearing on the development
impact fee was published in accordance with law and mailed as required by law to any
interested party who filed a written request with the City Clerk for mailed notice of a
meeting on new or increased fees; and,
WHEREAS, a duly noticed public hearing was held by the City Council on February 23,
2026 in the Council Chambers at 211 Eighth Street, Seal Beach, California. A notice of
time, place and purpose of the public hearing was given in accordance with the Mitigation
Fee Act. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing; and,
WHEREAS, the City Council has reviewed and considered the development impact fee
established herein, and finds that the fee will mitigate some of the impacts associated
with additional capital and infrastructure needs necessitated by new development in the
City.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and
order as follows:
Section 1. The City Council hereby specifically finds that all of the facts a n d
re c i to I s set forth above are true and correct and incorporated as a
material part of this Resolution.
Section 2. The City Council hereby approves the Nexus Study, and the findings
contained therein.
Section 3. The Council hereby approves the updated Transportation Impact
Development Fee rates as set forth in this Resolution. Notwithstanding any
guidance for calculating the Transportation Impact Development Fees in
Chapter 4.10 (Transportation Impact Development Fee), the rates set forth
in this Resolution and as further explained in the Nexus Study shall control.
The Seal Beach Fee Schedule shall be amended to contain the following
fees and amounts identified below.
• Retail/Shopping Center: $16.36 per square foot of gross leasable area
• General Office Building: $3.26 per square foot of gross leasable area
• Restaurant: $25.18 per square foot of gross leasable area
• Hotel: $2,400 per room
• Single-family Residential: $1.61 per livable square foot
• Multi-family Residential: $1.58 per livable square foot
• Other Land Use Types: $300.39 per daily trip generated
Section 4. The City Council adopts the methodology set forth in the Nexus Study for
calculating and collecting the development impact fee adopted herein.
Notwithstanding any guidance for calculating the Transportation Impact
Development Fees in Chapter 4.10 (Transportation Impact Development
Fee), the rates set forth in Section 3 of this Resolution, and as further
explained in the Nexus Study shall control. The development impact fee
shall be adjusted annually in July of each calendar year beginning in 2026,
using the California Construction Cost Index (CCI) for the twelve-month
period ending in May, or a similar published index if the CCI is no longer
available. The City Council hereby authorizes the City Manager, or
designee, to make such annual adjustments to certain fees based on an
inflationary factor effective July 1 of each year.
Section 5. The Transportation Impact Development Fee shall be paid when required
by the applicable provisions of the Seal Beach Municipal Code and in
accordance with Government Code section 66007 and the remainder of the
Mitigation Fee Act.
Section 6. The Transportation Impact Development Fee shall be effective on the
sixtieth (60th) day following the adoption of this Resolution.
Section 7. The City shall include an Administration Fee in the not to exceed amount of
two percent (2%) of the total project cost for the management of the
development impact fee program.
Section 8. The City Council hereby adopts the Capital Improvement Program set forth
in Section 4.0 in the Nexus Study.
Section 9. Nothing in this Resolution shall repeal, amend or supersede any other City
imposed fees except for the development impact fee addressed in the
Nexus Study and expressly established by this Resolution.
Section 10. If any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held to be invalid or unenforceable by a court
of competent jurisdiction, the remaining portions of this Resolution shall
nonetheless remain in full force and effect. The City Council hereby
declares that it would have adopted each section, subsection, sentence,
clause, phrase or portion of this Resolution, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions
of this Resolution be declared invalid or unenforceable.
Section 11. The City Council hereby finds that the approval of the Nexus Study,
adoption of the Capital Improvement Program, and the establishment of the
Transportation Development Impact are exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of State
CEQA Guidelines because these actions involve the adoption of
development impact fees and no specific development is authorized by the
adoption of the Nexus Study, Capital Improvement Program, or the adoption
of new or updated development impact fees. Furthermore, the Capital
Improvement Program is a prioritizing and funding allocation program and
cannot and does not have the potential to cause a significant effect on the
environment. No physical activity will occur until all required environmental
reviews are conducted at the time the physical improvements prioritized in
the Capital Improvement Program are undertaken at a future unspecified
date. Therefore, the approval of the Nexus Study, Capital Improvement
Program associated with the Nexus Study, and adoption of the development
impact fee does not have the potential for causing a significant effect on the
environment. In addition, the adoption of this Resolution approves and sets
forth a procedure for determining fees for the purpose of obtaining funds for
capital projects and equipment necessary to maintain service within existing
service areas and is statutorily exempt from CEQA pursuant to State CEQA
Guidelines Section 15273(a)(4). Also, approval of the Capital Improvement
Program associated with the Nexus Study, is exempt from the requirements
of CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because
the Program is not a "project" as defined by CEQA, but involves the creation
of government funding mechanisms or other government fiscal activities
that do not involve any commitment to any specific project that may result
in a potentially significant physical impact on the environment.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 23rd day of February 2026 by the following vote:
AYES: Council Members Kalmick, Wonq, Senecal, Steele, Landau
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
P F
ST: (027 :
aree ,y
Gloria D. arper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7744 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 23rd day of February 2026.
Gloria . Harper' City Clerk
Attachment:
Exhibit A - Seal Beach Traffic Impact Fee Nexus Study Update, dated December
15, 2025