Chapter 4.10
TRAFFIC IMPACT FEE
Sections:
4.10.020 Traffic impact fee established.
4.10.040 Developer construction of facilities.
4.10.050 Administrative guidelines.
4.10.010 Purpose.
In order to implement the goals and objectives of the Cotati general plan, and to mitigate the impacts caused by future development in the city, certain public facilities must be constructed. The city council has determined that a traffic impact fee is needed in order to finance these public facilities and to pay for each development’s fair share of the construction and acquisition costs of these improvements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city’s housing needs as established in the housing element of the general plan. (Ord. 858 § 2(part), 2015).
4.10.020 Traffic impact fee established.
A. A traffic impact fee (TIF) is established pursuant to Government Code Section 66000 et seq. (Mitigation Fee Act) to pay for public transportation facilities.
B. Pursuant to Government Code Section 66001, the city council shall, in a council resolution adopted after a duly noticed public hearing:
1. Set forth the amount of the TIF; and
2. Describe the benefit and impact area on which the TIF fee is imposed; and
3. List the city-owned public facilities to be financed; and
4. Describe the estimated costs of these facilities; and
5. Describe the reasonable relationship between the use of the TIF and the need for the public facilities; and
6. List the types of future development projects on which the TIF is imposed; and
7. Set forth the time for payment of the TIF. (Ord. 858 § 2(part), 2015).
4.10.030 Use of fee revenues.
The revenues raised by payment of the TIF shall be accounted for in separate and special funds and/or accounts to account for the revenues, along with any interest earnings on such funds. The TIF revenues shall be used for the following purposes:
A. To fund staff or consultant work on all preconstruction phases of the projects identified in the city council resolution pursuant to Section 4.10.020, including:
1. Right-of-way acquisition and related acquisition costs; and
2. Environmental studies and related mitigation fees; and
3. Pre-design, design and related engineering costs; and
4. Any other reasonable pre-construction costs necessary to make the project ready for construction; and
B. To pay for construction of the public facilities designated in the city council resolution adopted pursuant to Section 4.10.020; and
C. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and
D. To reimburse developers who have designed and constructed such designated public facilities; and
E. To pay for and/or reimburse costs of program development and ongoing administration of the traffic impact fee program. (Ord. 858 § 2(part), 2015).
4.10.040 Developer construction of facilities.
If a developer is required, as a condition of approval, to construct a public facility that has been designated to be financed with TIFs, a credit shall be offered by the city against the fee otherwise levied by this chapter on the development project in an amount not to exceed the cost of such public facility as estimated by the city in adopting the fee. The fee credit shall be against fee revenues only. (Ord. 858 § 2(part), 2015).
4.10.050 Administrative guidelines.
The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the TIF. (Ord. 858 § 2(part), 2015).