Chapter 15.103
PITTSBURG REGIONAL TRANSPORTATION DEVELOPMENT IMPACT MITIGATION FEE (PRTDIM) PROGRAM1
Sections:
15.103.010 Findings and purpose.
15.103.020 Adoption of PRTDIM fees and reports.
15.103.030 Automatic fee increases.
15.103.060 Creation of PRTDIM fee account.
15.103.070 Annual and five-year PRTDIM program reviews.
15.103.010 Findings and purpose.
A. Projected new development in the city of Pittsburg will further congest the freeways and arterial roadways in the cities of Pittsburg, Antioch, Brentwood, Oakley and the unincorporated eastern portion of Contra Costa County (the “regional area”) and place additional demands on the regional transportation system.
B. The city of Pittsburg previously participated in the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”), a joint powers agency, for the funding and implementation of transportation improvement projects in the regional area.
C. The city of Pittsburg intends to establish its own comprehensive fee program to help fund regional transportation improvements which are necessary to offset the impacts of continuing growth and development within the city, and to cooperate with the city’s regional partners, including ECCRFFA, to fund and implement transportation projects in the regional area. Expansion and construction of the improvements identified in the 2010 East Contra Costa Regional Fee Program Update (“fee study”), on file and available for review at the city, will increase the flow of traffic, reduce congestion and noise, and improve safety and air quality throughout the regional area.
D. 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 offsetting all or a portion of the costs of public facilities related to the development project.
E. The Pittsburg city council finds that the creation of a Pittsburg regional transportation development impact mitigation fee (“PRTDIM”) program is necessary to ensure that new development pays its fair share of the construction costs of the regional transportation improvements identified in the 2010 East Contra Costa Regional Fee Program Update, and any subsequently adopted fee program updates.
F. 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 the approval of the final alignment and configuration of the individual transportation improvement projects, the city of Pittsburg or other lead agency, as appropriate, will take all other CEQA required actions. The city council further finds that the adoption of the automatic change in PRTDIM fees annually in accordance with changes in the Engineering News-Record Index is also statutorily exempt under Section 15273(a)(4) 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. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.020 Adoption of PRTDIM fees and reports.
The city council shall, by resolution, set forth the specific amount of the PRTDIM fees based on the 2010 East Contra Costa Regional Fee Program Update and any subsequent fee program updates adopted by the city council. The city council may, by resolution, update the PRTDIM fees as often as necessary. All such resolutions adopting or updating PRTDIM fees shall contain the findings necessary under the Mitigation Fee Act. [Ord. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.030 Automatic fee increases.
PRTDIM 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. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.040 Payment of fees.
A. The property owner shall pay to the city the PRTDIM fee established by city council resolution. The fee shall be paid prior to the issuance of a building permit, or at such earlier time as agreed to in writing between the property owner and the city and as consistent with applicable law, or at a time set forth under a fee deferral program established by resolution, but certainly no later than the time of final inspection.
B. The applicable PRTDIM fee shall be determined on the basis of the fee schedule in effect at the time of building permit issuance, or at such earlier time as agreed to in writing between the property owner and the city. 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 PRTDIM fee for that property is paid or otherwise satisfied as required by this chapter unless deferred to a time set forth under a fee deferral program established by resolution but certainly no later than the time of final inspection.
D. The PRTDIM fees shall also be paid as a condition of an extension or renewal of a public permit issued prior to the adoption of the ordinance codified in this chapter if a city regional traffic mitigation fee has not been paid previously. [Ord. 10-1331 § 2, 2011; Ord. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.050 Fee exemptions.
A. Developments that are subject to the PRTDIM fee established by this chapter shall be exempt from payment of the city of Pittsburg regional transportation mitigation fee (RTMF) codified in Chapter 15.100 PMC and the regional transportation development impact mitigation fee (RTDIM) codified in Chapter 15.102 PMC.
B. Developments that are not subject to the PRTDIM fee established by this chapter shall remain subject to payment of the city of Pittsburg regional transportation development impact mitigation fee (RTDIM) codified in Chapter 15.102 PMC.
C. The PRTDIM fee shall not be required of any project involving the replacement of existing structures destroyed by fire or other natural disaster, to the extent that the replacement project does not exceed the number of units or intensity of use that existed prior to the fire or other natural disaster.
D. The PRTDIM fee shall not be required of any project involving 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. The property owner has the burden to document, to the chief building official’s satisfaction, that a rehabilitation project on the property qualifies for this exemption.
E. 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.
F. The PTRDIM fee shall not be required of 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. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.060 Creation of PRTDIM fee account.
The funds generated by payment of the PRTDIM fee shall be placed into a separate account established for the funding of regional transportation projects consistent with this chapter. The funds in the account, including any accumulated interest, shall be used only for the purposes and projects described in this section.
A. To pay for the acquisition/construction of the improvements identified in the 2010 East Contra Costa Regional Fee Program Update, and any subsequently adopted fee program updates (“improvements”);
B. To pay for the design, engineering, construction of any property acquisition for, and the reasonable costs of outside consultant studies and analyses related to, the improvements;
C. To reimburse other public entities, including ECCRFFA, for the improvements constructed by other sources, including funds generated by 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, constructed and/or dedicated a usable portion of any of the improvements, with city’s prior written approval, and have entered into an agreement with the city that provides for such reimbursement;
E. To pay for and/or reimburse costs of city’s PRTDIM program development and ongoing administration of the PRTDIM fee program, including, but not limited to, the cost of studies, legal costs, and other costs related to updating the fee; and
F. To pay for and/or reimburse costs related to the city of Pittsburg’s administration of the PRTDIM fee program, including, but not limited to, the costs of studies, legal costs, and other costs related to administering the PRTDIM program and updating the fee. [Ord. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.070 Annual and five-year PRTDIM program reviews.
A. Within 180 days after the close of each fiscal year, the city manager or his or her 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, including any revenue, interest, credit, refunds, reimbursements and the amount of expenditures, if any, identified by public facility, and any other income or expenditures during the fiscal year.
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 Government Code Section 66006.
C. The city shall conduct the periodic review required by Government Code Section 66001(d) every five years.
D. Pursuant to Government Code Section 66002, the city council shall annually review, as part of its capital improvement plan, the regional traffic improvements identified in the fee study to be financed with PRTDIM 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 PRTDIM fees. [Ord. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.080 Other authority.
This chapter is intended to establish a supplemental method for funding the cost of certain regional transportation improvements identified in the 2010 East Contra Costa Regional Fee Program Update, and any subsequently adopted 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 fees or exactions on development within the city, but shall be in addition to any other requirements 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 or dedications required by the city, including without limitation those required by the city standard details and specifications and other applicable public works standards. [Ord. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
15.103.090 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. 10-1329 § 2, 2010; Ord. 10-1328 § 2, 2010.]
Code reviser’s note: 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.”