Chapter 5.38
TRAFFIC IMPACT MITIGATION
Sections:
5.38.010 Findings and intent.
5.38.020 Purpose.
5.38.030 Definitions.
5.38.040 Establishment of traffic impact mitigation fee.
5.38.050 Exemptions.
5.38.060 Public service projects.
5.38.070 Calculation of required fees.
5.38.080 Payment of fees.
5.38.090 Fee adjustments.
5.38.100 Fee refunds.
5.38.110 Fee credits for implementation and administration of trip mitigation measures and/or construction of transportation facilities.
5.38.120 Fee credits for improvements extra to the project or within assessment districts.
5.38.130 Development agreement projects exempt.
5.38.140 Fees in effect at time required.
5.38.010 Findings and intent.
The city council finds as follows:
A. New development projects in the city have had and will continue to have significant citywide (other than site specific) impacts on the availability and adequacy of transportation facilities and programs.
B. The impacts of future development on transportation and traffic operations have been studied and analyzed and such analysis demonstrates a reasonable relationship between new development and the demand for transportation facilities and programs, as well as estimates the costs of providing facilities and programs to mitigate the traffic impacts of new development.
C. City staff has determined that sources of city revenue other than development fees, including tax revenues, utility user fees and other revenues which will be paid by new development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on transportation facilities and programs created by new development. (Ord. 92-6 N.S. § 1, 1992).
5.38.020 Purpose.
The purpose of this chapter is to establish a traffic mitigation fee that imposes upon future development projects an equitable share of the cost of mitigating future transportation facilities and programs which are impacted or necessitated by such projects. (Ord. 92-6 N.S. § 1, 1992).
5.38.030 Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
A. “Building permit” means a “building permit” as defined in Chapter 15.04 BMC.
B. “Governmental or public facilities” means publicly owned buildings and structures used for the purposes of conducting city, county, state or federal government business. Such facilities shall include, but not be limited to, city halls, police and fire stations, offices, equipment yards, sanitation facilities, schools, recreation centers, and similar facilities. Private commercial development projects leasing publicly owned land shall not be considered governmental or public facilities.
C. “Transportation facilities” means transportation system improvement projects that require physical alteration of the transportation system. Examples of transportation facilities include, but are not limited to, roadway improvements, signalization improvements, and other public right-of-way improvements such as bus shelters.
D. “Transportation programs” means transportation system improvement projects that do not require physical alteration of the transportation system. Examples of transportation programs include, but are not limited to, ride-sharing programs, transit subsidies, alternative work-week scheduling, and education/marketing programs designed to reduce automobile trips.
E. “New development” means all new building construction, conversion to a use which generates a higher number of trips, expansion of an existing building, additional use within an existing building, and any other conditional use required to mitigate traffic impacts. (Ord. 92-6 N.S. § 1, 1992).
5.38.040 Establishment of traffic impact mitigation fee.
Except as otherwise provided in this chapter, developers of residential, commercial and industrial development projects as defined in BMC 5.38.030(E) shall pay a traffic impact mitigation fee (“traffic fee”) in an amount established by resolution of the city council. (Ord. 92-6 N.S. § 1, 1992).
5.38.050 Exemptions.
The following developments shall be exempt from the requirements of this chapter:
A. Governmental or public facilities;
B. Developments on real property owned by a government transportation agency which are used exclusively for public transportation purposes;
C. Churches, temples, synagogues, and other buildings or structures used for religious worship;
D. Public elementary schools and secondary schools;
E. Private schools which meet the requirements contained in California Education Code Section 48222, or its successor, so that attendance at such schools complies with California compulsory education requirements. (Ord. 92-6 N.S. § 1, 1992).
5.38.060 Public service projects.
In order to ensure that the imposition of fees pursuant to this chapter will not be contrary to the public interest, or prevent the development of a public service project, the city council may waive all, or any portion of, the fees required by this chapter if the council finds that a development project will serve a public purpose or satisfy a public need and involves direct city participation in the development. (Ord. 92-6 N.S. § 1, 1992).
5.38.070 Calculation of required fees.
The public works director, or the director’s designee, shall be responsible for calculating the fees required by this chapter. This calculation shall be made at the time of application for the building permit or at the time of approval for a change in use. (Ord. 92-6 N.S. § 1, 1992).
5.38.080 Payment of fees.
A. The fees required by this chapter from a developer shall be paid at the time the city issues a building permit for each development project, residential unit or group of units, unless the developer applies for and is granted a fee deferral as provided for in subsection (B) of this section.
B. A person required by this chapter to pay a traffic impact mitigation fee may apply for a fee deferral. The application shall be reviewed and considered by the public works director, and shall be granted if the applicant’s project meets the criteria for fee deferrals established by city council resolution, unless the director finds (1) that the fee is needed for improvements or facilities for which an account has been established and funds appropriated, and for which the city has adopted a construction schedule or plan, or (2) the fees are needed to reimburse the city for expenditures previously made. The council resolution shall also establish conditions to be imposed upon the granting of a fee deferral. (Ord. 95-5 N.S.; Ord. 92-6 N.S. § 1, 1992).
5.38.090 Fee adjustments.
Any person subject to a fee required by this chapter may apply to the public works director for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person’s development project on transportation facilities and programs in the city and either the amount of the fee charged or the type of facilities to be provided.
A. Application. There shall be a separate application for each fee adjustment request made pursuant to this section. Such application shall be made in writing and submitted to the public works director for his/her review and shall be filed with the city clerk not later than 10 days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the developer. Each application shall state in detail the factual basis for the request for reduction, adjustment or waiver. If applicant desires to receive a building permit prior to the completion of the appeal process, applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.
B. Hearing. An applicant may appeal the decision of the public works director in accordance with Chapter 1.44 BMC. (Ord. 07-34 § 1; Ord. 92-6 N.S. § 1, 1992).
5.38.100 Fee refunds.
Upon application, fees collected by the city pursuant to this chapter shall be refunded under the following circumstances:
A. Fees collected pursuant to this chapter are erroneously or illegally collected. An application for refund pursuant to this subsection (A) shall be filed with the public works director no later than 90 days after the initial payment of the fee pursuant to BMC 5.38.080;
B. The building permit expires, and no extension has been granted, for the development project upon which fees were imposed pursuant to this chapter. An application for refund pursuant to this subsection (B) shall be filed with the public works director no later than 90 days after expiration of the building permit. The amount of refund shall be reduced by an amount to cover the cost to the city for processing the refund. (Ord. 92-6 N.S. § 1, 1992).
5.38.110 Fee credits for implementation and administration of trip mitigation measures and/or construction of transportation facilities.
A person shall be entitled to a reduction in the amount of the fees required by this chapter, in an amount to be determined by the public works director, if that person constructs, implements and administers trip mitigation measures or develops transportation facilities consistent with guidelines established by resolution of the city council. The public works director’s determination shall be based upon the actual costs reasonably incurred in constructing the transportation facility or implementing or administering the trip mitigation measure. (Ord. 92-6 N.S. § 1, 1992).
5.38.120 Fee credits for improvements extra to the project or within assessment districts.
A person shall be entitled to a reduction in the amount of the traffic fees required by this chapter, in an amount to be determined by the public works director, if that person’s development project was required to construct specific transportation improvements which are extra to the project, or the development project is located within the boundaries of an assessment or other special district in which transportation facilities were constructed (or are intended to be constructed) with the use of funds derived by virtue of said district and that person’s property for which development is proposed has been financially encumbered or otherwise burdened to pay for all or a portion of the transportation improvements paid for or to be paid for by assessments levied by the district, if the improvements constructed are in excess of improvements otherwise determined to be necessitated by the development project. The public works director’s determination of the amount of reduction required pursuant to this section shall be based upon the actual costs reasonably incurred in constructing the transportation improvements and assessed to the developer. (Ord. 92-6 N.S. § 1, 1992).
5.38.130 Development agreement projects exempt.
Any development project which is approved under a development agreement adopted pursuant to Government Code Section 65864 et seq. or which is undertaken pursuant to a specific plan shall be exempt from the fees established by this chapter; provided, that the development agreement and/or specific plan requires the developer to construct, or pay for the construction of, transportation facilities the value of which equals or exceeds the fee that otherwise would have been required of the developer pursuant to this chapter. (Ord. 92-6 N.S. § 1, 1992).
5.38.140 Fees in effect at time required.
The amount of the fees to be paid under this chapter shall be the amount of the fee in effect at the time the fees are required to be paid. In the event a fee deferral is granted as provided in BMC 5.38.080, the amount of the fee to be paid shall be the amount of the fee in effect at the time the city issues the project’s building permit. (Ord. 95-5 N.S.; Ord. 92-6 N.S. § 1, 1992).