The city council finds and declares that the purpose of this
chapter is as follows:
A.
The
general plan of the city requires that the city be provided, in a
time frame related to its development, with an adequate level of traffic
and circulation infrastructure so as to maintain “Level of Service
C,” except where specified otherwise by the city council in
accordance with policies in the general plan.
B.
New
development, and the expansion of existing development, within the
city imposes a burden on the existing traffic and circulation infrastructure
by adding additional traffic and by creating a need for new traffic
and circulation infrastructure. Such burdens may vary by type of land
use and by the location of the land use within the city.
C.
Analysis
of the land use expected at certain levels of development of the city
pursuant to the general plan makes it possible to estimate the number
of trips generated by different types of land uses, to analyze the
traffic and circulation infrastructure or facilities necessary to
support those trips, and to determine which land uses will utilize
which portions of such infrastructure. It is therefore possible to
construct a fee, based on trip generation, which equitably spreads
the burden of traffic and circulation infrastructure or facilities
to those who will create the need for them and utilize them. It is
the intent of this chapter to create such a fee, spreading costs of
traffic and circulation infrastructure to those who create the need
for such infrastructure, without generating any surplus to the general
fund. It is the further purpose of this chapter to implement the general
plan by assuring that adequate public facilities are financed and
provided to serve the city.
D.
The
fee established by this chapter has been calculated in the manner
set forth in the study so as to pay for those facilities listed in
the capital improvement program.
E.
The
fee established by this chapter is in addition to any other fees or
charges required by law as a condition of development.
F.
The
fee established by this chapter is to be collected for public improvements
and facilities for which an account has been established and funds
appropriated, and for which a proposed construction schedule has been
adopted.
G.
That
the failure to impose the conditions and regulations of this chapter
relating to payment of the fee on building permits would jeopardize
residents of the community, in that it would permit construction to
proceed without adequate infrastructure or means of financing said
infrastructure.
H.
The
requirement of this chapter to pay the fee is necessary in order to
assure compliance with the applicable Zoning Ordinance and general
plan requirements for the infrastructure funded by this chapter.
I.
That
for a period of greater than 10 days prior to adoption of this chapter,
data has been available to the public and to developers and their
representatives indicating the cost or estimated cost of all the infrastructure
to be funded, the revenue sources anticipated and the means of spreading
these costs.
J.
That
the city council has considered the effect of the fee imposed by this
chapter with respect to the housing needs of the city as a whole and
of the region, particularly as required by the housing element of
the general plan, and the city council finds that this chapter does
not unduly adversely affect the city’s ability to provide for
such needs.
K.
That
the establishment of the fee is for the purpose of obtaining funds
for capital projects, necessary to maintain service required by the
general plan within existing service areas and existing portions of
the city which are developed or for which land use has already been
granted.
(Ord. 2177 § 1, 1989; Ord. 2856 § 1, 1995)
The following words are defined for purposes of this chapter
as follows:
means the permit issued or required by the city for the construction
of any structure pursuant to and as defined by the building code.
means that list of traffic and circulation facilities, improvements,
or infrastructure for year 2035 consistent with that identified in
the general plan and listed in the Fehr and Peers Technical Appendix,
dated July 2020, included as Appendix D of the “City of Roseville
2035 General Plan Update Final Environmental Impact Report,”
adopted by the Roseville city council on August 5, 2020. Said capital
improvement program is on file in the office of the director and the
city clerk.
means the department of development services.
means the director of the department.
means the number of single-family dwellings to which a particular
type of development or use is equivalent in terms of expected or estimated
p.m. peak hour traffic impact.
means multiplication factors used to convert a particular
type of development or use to dwelling unit equivalents. D.U.E. rates
shall be expressed as the number of D.U.E.s per unit of a particular
use.
means those public traffic and circulation facilities, improvements
or infrastructure shown and included on the capital improvement program.
means the fee established by this chapter. The fee shall
be collected prior to the approval and issuance of any building permit,
or as provided otherwise in this chapter. The fee shall be used solely
to finance the capital improvement program.
means a site plan of property proposed for development showing
all required improvements that must be approved by the city prior
to the issuance of a building permit for the property.
means that portion of the city not within the Amoruso Ranch,
Creekview, West Roseville, Sierra Vista, North Roseville Phase 3,
North Roseville 2 North, or North Roseville 2 South specific plan
areas, nor within the North Industrial Area.
means that certain document entitled “Transportation
System Capital Improvement Program Traffic Mitigation Fee Update,”
dated September, 2020. The study is on file in the offices of the
director and city clerk.
means that special interest-bearing fund established pursuant to Section 4.44.030.
(Ord. 2177 § 1, 1989; Ord. 2412 § 1, 1991; Ord. 2856 § 1, 1995; Ord. 3546 § 1, 2000; Ord.
5279 § 2, 2014; Ord. 5988 § 1, 2018; Ord. 6289 §
1, 2020)
The finance director is directed to establish a special interest-bearing
fund entitled the traffic mitigation fund. All fees collected pursuant
to this chapter shall be deposited in the traffic mitigation fund
and expended solely to finance the facilities.
(Ord. 2177 § 1, 1989)
Except as otherwise provided by this chapter, the fee imposed
pursuant to this chapter shall be paid upon the issuance of any building
permit for any development, project or building. Calculation of the
fee shall be determined in accordance with the study and this chapter
depending upon where within the city development occurs, the type
of development and the extent of development.
(Ord. 2177 § 1, 1989; Ord. 2209 § 1, 1989; Ord. 2637 § 3, 1992)
Where building permits are issued by an individual or agency
other than the city, the fee imposed pursuant to this chapter shall
be paid at or prior to a request for electric, water or sewer service,
whichever is first. The fee shall be calculated in the same manner
as any other fee imposed pursuant to this chapter.
(Ord. 2259 § 3, 1989; Ord. 2260 § 3, 1989)
The traffic mitigation fee for the various areas within the
city, as defined in the general plan, shall be:
|
Area
|
Amount of Fee (per D.U.E.)
|
|---|---|
|
Southeast Roseville Specific Plan Area (Infill)
|
$5,776.00
|
|
Northeast Roseville Specific Plan Area (Infill)
|
$5,776.00
|
|
North Central Roseville Specific Plan Area (Infill)
|
$5,776.00
|
|
Northwest Roseville Specific Plan Area (Infill)
|
$5,776.00
|
|
North Industrial Plan Area
|
$7,719.00
|
|
Infill Areas
|
$5,776.00
|
|
Del Webb Specific Plan Area (Infill)
|
$5,776.00
|
|
Highland Reserve North Specific Plan Area (Infill)
|
$5,776.00
|
|
North Roseville Specific Plan Phase 1 (Infill)
|
$5,776.00
|
|
North Roseville Specific Plan Phase 2 North
|
$1,145.00
|
|
North Roseville Specific Plan Phase 2 South (Woodcreek West)
|
$1,145.00
|
|
North Roseville Specific Plan Phase 3
|
$1,145.00
|
|
Stoneridge East Specific Plan Area (Infill)
|
$5,776.00
|
|
Stoneridge West Specific Plan Area (Infill)
|
$5,776.00
|
|
Redevelopment Area (Infill)
|
$5,776.00
|
|
West Roseville Specific Plan—Fiddyment Ranch
|
$5,314.00
|
|
West Roseville Specific Plan—Westpark
|
$2,595.00
|
|
Sierra Vista Specific Plan (includes Westbrook)
|
$4,931.00
|
|
Creekview Specific Plan
|
$7,411.00
|
|
Amoruso Ranch Specific Plan
|
$5,226.00
|
(Ord. 2856 § 3, 1995; Ord. 3546 § 1, 2000; Ord. 4399 § 1, 2006; Ord. 5050 § 1, 2012; Ord.
5486 § 1, 2015; Ord. 5988 § 2, 2018; Ord. 6289 §
2, 2020)
The director shall determine D.U.E. rates for any development,
project or building for which a building permit is issued. D.U.E.
rates shall be based on the actual use proposed and shall consider
trip generation and any other information deemed pertinent by the
director. The rates shall be determined using generally accepted engineering
practice and the best available information. The total fee charged
shall be determined by the director and calculated by multiplying
the D.U.E. rate for the particular use by the number of units or size
of the development, project or building.
(Ord. 2856 § 3, 1995)
No fee shall be charged for already existing development or
for projects which rebuild or remodel without increasing the trips
generated, except as provided in this section.
B.
Where the development or project expands or remodels the same land use, it shall be charged the appropriate fee as provided by Sections 4.44.050 and 4.44.060; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled. Where the fee is calculated based upon the number of dwelling units, no fee shall be charged unless at least one additional dwelling unit is added.
(Ord. 2177 § 1, 1989; Ord. 2856 § 1, 1995)
A.
A developer
of any project subject to the fee established by this chapter may
apply to the director for a reduction or adjustment to the fee based
upon the absence of any reasonable relationship or nexus between the
impacts of the project and either the amount of the fee or the facilities
to be financed by the fee. The application shall be made in writing
and filed with the director not later than 20 calendar days after
notification of the amount of the fee. The application shall state
in detail the factual basis for the claim of reduction or adjustment
and the amount of the proposed reduction or adjustment. The director
shall consider the application and render his or her decision in writing
not later than 45 calendar days after the filing of the fee adjustment
request. Any person aggrieved by the decision of the director may,
within 20 calendar days thereafter, appeal the decision in writing
to the city council by filing an appeal with the city clerk. The city
council shall consider such appeals within 45 calendar days after
filing. The decision of the city council shall be final. No building
permit shall be issued for the project until the final decision pursuant
to this section has been made. No application for a project shall
be considered final or complete for purposes of the Permit Streamlining
Act (Government Code Section 65920, et seq.), or any other purpose,
until a final decision pursuant to this section has been made.
B.
Notwithstanding the provisions of subsection A, a project proponent or applicant may pay the fee “under protest” and receive a building permit; provided, however that the application for reduction or adjustment shall thereafter be filed within 10 calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
C.
The
project proponent or applicant applying for a reduction or adjustment
shall have the burden of proof, by a preponderance of the evidence,
that a reasonable relationship or nexus is lacking between the fee,
or the facilities to be financed by the fee, and the particular project.
D.
In the
event of any reduction or adjustment in the fee granted pursuant to
this section, any later change in the use, zoning, or land use designation
for the property involved shall subject the then owner to payment
of the then applicable fee for such new uses, zoning, or land use
designation, whether or not a building permit is required.
(Ord. 2177 § 1, 1989)
The Construction Cost Index (CCI) inflationary fee adjustment
shall become effective July 1, 2012. The fee established by this chapter
shall be adjusted annually July 1st beginning on July 1, 2011 by a
percentage equal to the adjustment rate for the prior year for construction
costs as determined by the director in the preceding June. The director’s
determination shall be based upon averaging the Construction Cost
Index (CCI) for 20 cities and for San Francisco, as published in the
Engineering News Record publication for the preceding 12 months ending
in May. The resultant fee shall be rounded to the nearest dollar figure.
(Ord. 2177 § 1, 1989; Ord. 2412 § 1, 1991; Ord. 3546 § 1, 2000; Ord. 4739 § 3, 2009; Ord.
4854 § 3, 2010; Ord. 4947 § 3, 2011)
When the moneys in the traffic mitigation fund are disbursed
for use, the fees shall be used to finance the facilities. To the
extent sufficient fees are available, all facilities financed by the
fees shall be constructed or acquired in accordance with the priorities
established in the capital improvement program.
(Ord. 2177 § 1, 1989)
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect the other provisions of this chapter which can be given
effect without the invalid provisions or its application, and to this
end the provisions of this chapter are severable.
(Ord. 2177 § 1, 1989)
