Chapter 15.50
TRANSPORTATION IMPACT FEES
Sections:
15.50.060 Application of chapter.
15.50.070 Transportation impact fee requirement.
15.50.080 Annual adjustment of fees.
15.50.100 Transportation facilities to be financed by the fee.
15.50.110 Developer construction of transportation facilities.
15.50.010 Title.
This chapter shall be known as the Transportation Impact Fee (“TIF”) Ordinance and may be cited as such. (Ord. 479 § 2, 2017)
15.50.020 Authority.
This chapter is enacted pursuant to the Mitigation Fee Act, California Government Code Section 66000 et seq. (Ord. 479 § 2, 2017)
15.50.030 Intent and purpose.
The purpose of this chapter is to make provision for assessing and collecting transportation impact fees as a condition of project approval of a subdivision map or prior to issuance of a development permit, including a building permit, in order to fund the construction of identified facilities needed to reduce or mitigate the projected cumulative transportation impacts resulting from such development and in order to allocate the costs of these facilities equitably among future developing properties. Application of this fee will include, but is not limited to, development for residential, commercial and industrial land uses.
This TIF does not replace normal subdivision map exactions or other measures required to mitigate site specific impacts of a development project including, but not limited to, mitigation imposed pursuant to the California Environmental Quality Act and imposed as conditions of approval upon a development project as part of the development review process; regulatory and processing fees; transportation uniform mitigation fees; fees required pursuant to a development agreement; funds collected pursuant to a reimbursement agreement that exceed the developer’s share of public improvement costs; or assessment district proceedings, benefit assessments, or taxes.
The fees collected pursuant to this chapter are to fund identified transportation facilities, or portions thereof, that will mitigate the cumulative transportation impacts attributable to future development in the city. TIF funds will be used for the specific improvements, as identified in the TIF report, which are needed to accommodate future growth in the city. (Ord. 479 § 2, 2017)
15.50.040 Findings.
The city council of the city of Solana Beach, consistent with California Government Code Section 66000 et seq. of the Mitigation Fee Act, finds that:
A. Purpose of the Fee. The purpose of the TIF is to fund construction of transportation facilities in response to the anticipated cumulative impacts associated with future development and redevelopment within the city.
B. Use of the Fee. The TIF will be used to fund construction of specifically identified transportation facilities, or portions thereof, in accordance with the circulation element of the city’s general plan. Costs funded may include program administration, project administration and management, design and engineering, regulatory compliance, and construction.
C. Reasonable Use (Benefit). Future development and redevelopment will have significant cumulative impacts on the city’s transportation system. These impacts would be difficult to mitigate on a project-by-project basis. The TIF will be used to fund additional transportation infrastructure to accommodate future development and redevelopment, facilitating greater multimodal circulation within the city, as a means of mitigating overall cumulative impacts.
D. Reasonable Need (Burden). Future development and redevelopment will place additional burdens on the city’s transportation system. The cost apportionment methodology, based on TDUs, uses person trip intensity and trip length to allocate the cost of improvements to the various types of development. The costs and corresponding fee allocations account for differing impacts based on land use type, demonstrating a reasonable relationship between the type of development and the need for the improvements.
E. Reasonable Apportionment. The reasonable relationship between the TIF for a specific development and the cost attributable to the development is based on the estimated person trips and miles of travel the development will add to the city’s transportation system. The TIF allocates the cost of specifically identified transportation facilities, or portions thereof, to development based on land use, and corresponding TDUs, in relation to the development’s proportionate share of the total TDUs for all development. (Ord. 479 § 2, 2017)
15.50.050 Definitions.
The definitions set forth in this section shall govern the application and interpretation of this chapter:
“Applicant” means developer or person seeking a development permit.
“Building permit” means a permit required and issued by the city of Solana Beach.
“City” means the city of Solana Beach.
“City of Solana Beach transportation impact fee program” or “TIF report” is the fee study entitled “City of Solana Beach Transportation Impact Fee Nexus Study,” dated June 2017, approved and adopted by the city council on June 28, 2017. This study may be changed or periodically updated by action of the city council pursuant to SBMC 15.50.080. The city of Solana Beach transportation impact fee program is maintained for public review in the engineering department of the city of Solana Beach.
“Construction” means design, performance of estimates, environmental assessments and studies, determination of fees, acquisition of right-of-way, administration of construction contracts, and actual construction.
“Developer” means the owner or developer of a development seeking a development permit.
“Development permit” means any permit or approval from the city of Solana Beach including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, a development review permit, a coastal development permit, a variance permit, a structural development permit, subdivision map, parcel map, building permit, or any another permit for construction, reconstruction, or development.
“Development project” or “development” means any activity described in Section 66000 et seq. of the California Government Code.
“New development” means any development requiring a development permit excepting the rehabilitation and/or reconstruction of any legal residential structure and/or the replacement of a previously existing residential unit.
“Redevelopment” means any development project that results in additional generation of trips.
“TIF” means transportation impact fee.
“Transportation facilities” means the transportation facilities, or portions thereof, identified in the city of Solana Beach transportation impact fee program, or future city approved alternatives that substantially fulfill the transportation needs identified and represented by a listed facility.
“Transportation facility project” means that project or portion of project, which involves the specified improvements in the city of Solana Beach transportation impact fee program. (Ord. 479 § 2, 2017)
15.50.060 Application of chapter.
This chapter establishes the requirements for the TIF for all new development and redevelopment within the city of Solana Beach. This chapter shall apply to all new development and redevelopment except as exempted by state or federal law, or as specifically exempted in this chapter. In cases where a development is specifically exempt by law from this chapter, but that development has cumulative transportation impacts required to be mitigated by the California Environmental Quality Act (CEQA), the city can accept TIF payment to mitigate cumulative impacts.
The TIF is limited to providing funding in the amounts and for those improvements specified in the city of Solana Beach transportation impact fee program. Nothing in this chapter shall restrict the ability of the city to require dedication of land, payment of fees or construction of improvements for needs other than, or in addition to, the improvements specified in the city of Solana Beach transportation impact fee program.
The requirement of this chapter shall apply to projects for which building permits are issued on or after the effective date of the ordinance codified in this chapter. (Ord. 479 § 2, 2017)
15.50.070 Transportation impact fee requirement.
A. Prior to the issuance of any building permit for new development or redevelopment in the city of Solana Beach, a transportation impact fee shall be paid based upon the use of land set forth in the fee rate table included in the TIF report.
B. The fee shall be paid before the issuance of building permits for each development project within the city of Solana Beach. No building permit shall be issued within the city of Solana Beach unless and until the TIF has been paid in full. In the case of discretionary permits that will not involve a building permit, but which will involve new development, payment of the fee shall be recommended as a condition of permitting to the decision-making body that would approve such permit. (Ord. 479 § 2, 2017)
15.50.080 Annual adjustment of fees.
The TIF may be adjusted annually starting January 1, 2020, and on each January 1st thereafter, based on the following factors:
A. The cost of construction based on the Los Angeles Construction Cost Index.
B. Changes in the type, size, location or cost of the transportation facilities, if any, to be financed by the TIF, changes in land use designations in the city’s general plan, and upon other sound engineering, financing, and planning information.
C. Adjustments to the TIF resulting from review of the factors above may be made by resolution amending the fee schedule and subject to compliance with the Mitigation Fee Act.
D. Adjustments to the fees resulting from the annual review may be made by resolution amending the fee rate tables contained in the TIF report and subject to the notice and public meeting requirements of Government Code Section 66016. (Ord. 509 § 3, 2020; Ord. 479 § 2, 2017)
15.50.090 Use of fee.
A. The revenue raised by payment of the TIF shall be placed in a separate and special account or fund in a manner to avoid any commingling with other revenues and funds of the city of Solana Beach; and such revenues, along with any interest earnings on the account or fund, shall be used solely to:
1. Pay for the city’s future construction of transportation facilities described in the city of Solana Beach transportation impact fee program, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or
2. Reimburse developers who have been required or permitted by SBMC 15.50.110 to install such listed facilities which are oversized with supplemental size, length, or capacity, relative to demand generated by the subject project; or
3. Pay costs required for the administration of this chapter, including, but not limited to costs incurred in conducting hearings required by state law.
B. The TIF fund, including accrued interest, shall be subject to the all of the applicable provisions of Government Code Section 66000 et seq., including but not limited to the requirements for accounting, reporting and expenditure of the fund for the improvements specified in the city of Solana Beach transportation impact fee program. (Ord. 479 § 2, 2017)
15.50.100 Transportation facilities to be financed by the fee.
A. The transportation facilities and programs to be financed by the fee established by this chapter are identified in the city of Solana Beach transportation impact fee program.
B. The city council may modify or amend the city of Solana Beach transportation impact fee program in order to maintain compliance with the circulation element of the city’s general plan. (Ord. 479 § 2, 2017)
15.50.110 Developer construction of transportation facilities.
Whenever a developer of a development project would be required, as a condition of approval of a development permit, to construct or finance the construction of a portion of a transportation facility identified in the city of Solana Beach transportation impact fee program, the city council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the city council shall, in its discretion, enter into a reimbursement agreement with the developer. The reimbursement agreement can be either in the form of a cash payment or a credit against the fee otherwise levied by this chapter on the development project, or some combination thereof. The determination of the form is at the sole discretion of the city.
The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.
A developer shall not receive cash reimbursement from the appropriate TIF fund until all developers who have previously executed reimbursement agreements payable from the same fund have been fully reimbursed or until such agreements have expired. The maximum term of any reimbursement agreement shall be 25 years. (Ord. 479 § 2, 2017)
15.50.120 Exemptions.
The following new development shall be exempt for the application of the provisions of this chapter:
A. City-owned facilities and buildings.
B. Redevelopment of single-family homes that do not result in additional generation of trips. (Ord. 479 § 2, 2017)
15.50.130 Refund of fees.
If a building permit or development permit expires, is cancelled, or is voided and if any fees paid pursuant to this chapter have not been expended and no construction has taken place pursuant to such building permit or development permit, the director of community development shall, upon written request, refund the fee and any interest earned on the fee, less any administrative costs, to the applicant of record. (Ord. 479 § 2, 2017)