Chapter 15.102


15.102.010    Findings and purpose.

15.102.020    Adoption of RTDIM fees and reports.

15.102.030    Automatic fee increases.

15.102.040    Payment of fees.

15.102.050    Fee exemptions.

15.102.060    Creation of RTDIM fee account.

15.102.070    Annual and five-year RTDIM program reviews.

15.102.080    Other authority.

15.102.090    Severability.

15.102.010 Findings and purpose.

A. Projected new development in the cities of Pittsburg, Antioch, Brentwood, Oakley and the unincorporated eastern portion of Contra Costa County (the “regional area”) will further congest the freeways and arterial roadways and place additional demand on the regional transportation system.

B. The cities of Antioch, Brentwood, Pittsburg, and Oakley together with the county of Contra Costa, entered into an agreement pursuant to California Government Code Section 6500 et seq., entitled “East Contra Costa Regional Fee and Financing Authority Joint Exercise of Powers Agreement” (the “agreement”), which provides for the creation of a separate joint powers agency (“ECCRFFA”), to assist in the establishment of a uniform regional development fee program and the funding and implementation of transportation improvement projects in the east county area. The four cities listed above and the county are the “member agencies” of ECCRFFA.

C. ECCRFFA’s purposes are as follows:

1. To establish a uniform regional development fee program (“fee program”) within the region, and to coordinate planning and implementation of the fee program within a single public agency;

2. To identify projects to be funded by the fee program solely or in conjunction with other funding sources;

3. To establish funding goals for identified projects, and to seek commitments from the member agencies regarding funding for the projects;

4. To establish an implementation schedule for the projects;

5. To establish fee collection, financing, and management mechanisms, and to formalize institutional arrangements for the implementation of the fee program.

D. In furtherance of its purposes and goals, ECCRFFA has adopted a comprehensive fee program to help fund regional transportation improvements which are necessary to offset the impacts of continuing growth and development in the areas of each of the member agencies. Expansion and construction of the improvements identified in the East Contra Costa regional fee program update report (“ECCRFFA Fee Program Report”), approved by ECCRFFA in June 2005, will increase the flow of traffic, reduce congestion and noise, and improve safety and air quality throughout the regional area.

E. Pursuant to the Mitigation Fee Act, California Government Code Section 66000, et seq., a local agency is authorized to charge a fee to development applicants in connection with approval of a development project for the purpose of defraying all or a portion of the costs of public facilities related to the development project.

F. The Pittsburg city council finds that the creation of a regional transportation-development impact mitigation fee (RTDIM) program is necessary to ensure that new development pays its fair share of the construction costs of the regional transportation improvements identified in the ECCRFFA fee program report and any subsequently adopted fee program updates.

G. This chapter is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273(a)(4) of the CEQA Guidelines because the fees collected as a result of this action will be used for regional transportation infrastructure necessary to maintain an acceptable level of service within existing service areas. Once sufficient funds are collected and prior to approval of the final alignment and configuration of the individual transportation improvement projects, ECCRFFA or the city of Pittsburg will take all other CEQA required actions. The city council further finds that the adoption of the automatic change in the RTDIM fees annually in accordance with changes in the Engineering News-Record index is also statutorily exempt under Section 15273(a)(4) of the California Environmental Quality Act because the amount of any increase is precisely determinable based on the published change of the index and relates solely to the increase of construction costs for the previously identified projects. [Ord. 05-1247, 2005.]

15.102.020 Adoption of RTDIM fees and reports.

The city council shall, by resolution, set forth the specific amount of the RTDIM fees based on the ECCRFFA fee program report and any subsequently adopted ECCRFFA fee program updates. The city council may, by resolution, update the RTDIM fees as often as necessary. All such resolutions adopting or updating RTDIM fees shall contain the findings necessary under the Mitigation Fee Act. [Ord. 05-1247, 2005.]

15.102.030 Automatic fee increases.

RTDIM fees established by city council resolution shall, on January 1st of each year, be automatically increased or decreased from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between September 1st of the calendar year immediately preceding September 1st of the current calendar year, based on the Engineering News-Record Construction Costs Index – San Francisco Bay Area, without further action by the city council. [Ord. 05-1247, 2005.]

15.102.040 Payment of fees.

A. The property owner shall pay to the city the RTDIM fee established by city council resolution. The fee shall be paid prior to the issuance of a building permit.

B. The applicable RTDIM fee shall be determined on the basis of the fee schedule in effect at the time of the building permit, or other applicable permit is issued. If no permit is required, then the fees are payable in the amounts in effect at the commencement of the project. The chief building official or other official designated by the city manager shall determine the amount of the fee in accordance with the standards set forth in the city council resolution.

C. No building permit shall be issued for property within the city unless the RTDIM fee for that property is paid as required by this chapter.

D. The RTDIM fees shall also be paid as a condition of an extension or renewal of a public permit issued after passage of this resolution if a fee has not been paid previously. [Ord. 05-1247, 2005.]

15.102.050 Fee exemptions.

The RTDIM fee shall not be imposed on a development project in the following instances:

A. Developments that are subject to and pay the RTDIM fee shall be exempt from payment of the city of Pittsburg regional transportation mitigation fee (RTMF) codified in Chapter 15.100 PMC, and most recently updated by Resolution No. 04-10199;

B. Developments that are not subject to payment of the RTDIM fee shall remain subject to payment of the city of Pittsburg regional transportation mitigation fee (RTMF) codified in Chapter 15.100 PMC, and most recently updated by Resolution No. 04-10199;

C. The fee shall not be required of any project involving replacement of existing structures destroyed by fire or other natural disaster, or the rehabilitation of existing structures where the total cost of the work undertaken is less than 50 percent of the value of the existing structure;

D. The following uses are categorically exempt from the fees imposed by this chapter: Christmas tree lots, seasonal fruit stands, mobile food vendors and circuses and carnivals;

E. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single-family residential unit or another unit is added to an existing multifamily residential unit. [Ord. 05-1247, 2005.]

15.102.060 Creation of RTDIM fee account.

The revenues raised by payment of the RTDIM fee shall be placed in a separate account to permit accounting for such revenues until such time as the fees are remitted to ECCRFFA.

Fees paid pursuant to this resolution shall be remitted periodically to the East Contra Costa regional fee and financing authority to be placed in an account to be used solely for the purposes and projects as described in this section. Any interest accumulated on such funds shall also be used only for the purposes and projects.

A. To pay for acquisition/construction of the improvements identified in the ECCRFFA fee program report and any subsequently adopted fee program updates (“improvements”);

B. To pay for design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the improvements;

C. To reimburse ECCRFFA for the improvements constructed by ECCRFFA with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the improvements;

D. To reimburse developers that have designed and constructed a usable portion of any of the improvements with prior city and/or ECCRFFA approval and have entered into an agreement with the city that provides for such reimbursement;

E. To pay for and/or reimburse costs of ECCRFFA’s program development and ongoing administration of the RTDIM fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the fee; and

F. To pay for and/or reimburse costs of the city of Pittsburg’s administration of the RTDIM fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the fee. [Ord. 05-1247, 2005.]

15.102.070 Annual and five-year RTDIM program reviews.

A. Within 180 days after the close of each fiscal year, the city manager or his designee shall prepare a report for the city council, pursuant to Government Code Section 66006, identifying the balance of fees in the account at the beginning and end of the fiscal year, the fee, interest, and other income, and the amount of expenditure by public facility, any refunds and other expenditures.

B. The city shall make the periodic report available to the public, and the city council shall review the report at a regularly scheduled meeting in accordance with Section 66006.

C. The city shall similarly conduct the periodic review under Government Code Section 66001(d) every five years.

D. Pursuant to Government Code Section 66002, the city council shall also annually review, as a part of its capital improvement plan, the ECCRFFA regional traffic improvements to be financed with the RTDIM fees. The city council shall make findings identifying the purpose to which the existing fee balances are to be put and demonstrating a reasonable relationship between the fee and the purpose for which it is charged. This annual review may warrant adjustments to the RTDIM fees. [Ord. 05-1247, 2005.]

15.102.080 Other authority.

This chapter is intended to establish a supplemental method for funding the cost of certain regional transportation improvements as identified in the ECCRFFA fee program report and any subsequently adopted ECCRFFA fee program updates. The provisions of this chapter shall not be construed to limit the power of the city council to impose any other fee or exactions or to continue to impose existing ones on development within the city, but shall be in addition to any other requirements which the city council is authorized to impose or has previously imposed. In addition, individual property owners shall remain obligated to fund, construct and/or dedicate the improvements, public facilities and other exactions required by the city, including without limitation those required by the city standard details and specifications and other applicable public works standards. [Ord. 05-1247, 2005.]

15.102.090 Severability.

Each component of this chapter is severable. Should any portion of this chapter be held invalid and unenforceable by a body of competent jurisdiction, then the remaining portions shall continue to be in full force and effect. The city council of the city of Pittsburg declares that it would have adopted this chapter and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. [Ord. 05-1247, 2005.]


Code reviser’s note: The provisions of Ord. 10-1328, added as Chapter 15.103 PMC, supersede this chapter. Section 6 of Ord. 10-1328 provides that “the PRTDIM program and PRTDIM fees established by this ordinance shall be applied to all new development within the city as of September 7, 2010.” Pursuant to PMC 15.103.050(B), developments not subject to Chapter 15.103 PMC remain subject to Chapter 15.102 PMC.