A.
The
board of supervisors of the county of Merced finds that future development
within the county of Merced to the year 2030 will result in traffic
volumes in excess of capacity on the regional system of arterials,
highways, and freeways as designated in this chapter.
B.
The
board of supervisors of the county of Merced finds that failure to
expand the capacity of the existing circulation system will result
in new development causing unacceptable levels congestion on the arterials,
highways, and freeways of the regional system.
C.
The
board of supervisors also finds and declares that, in the absence
of this chapter imposing a fairshare traffic fee upon new development,
existing and future sources of revenue are inadequate to fund substantial
portions of the regional transportation system improvements needed
to avoid unacceptable levels of congestion and related adverse impacts
caused by new development.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
A.
The
board of supervisors of the county of Merced finds and determines
that adoption of this regional transportation impact fee ordinance
codified in this chapter will raise additional revenues needed to
construct improvements to accommodate traffic that will be generated
by new development within the cities and county of Merced.
B.
The
board of supervisors also finds and declares that the Regional Transportation
Impact Fee Study (MCAG, January 20, 2005, revised January 18, 2008)
has determined the extent to which the new development of land will
generate traffic volumes impacting the roadway system and that this
chapter establishes a fair and equitable method for distributing unfunded
costs of transportation improvements necessary to accommodate traffic
volumes generated by such development.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
The need for regional transportation improvements and for the
regional transportation impact fee established by this chapter are
based on the finding of the Regional Transportation Impact Fee Study
prepared by the Merced County Association of Governments whose governing
board is composed of city council members and county supervisors from
the county's six cities and the county board of supervisors. The study
has established that growth to the year 2030 will affect the entire
regional transportation system and therefore that the area of impact
for future development is appropriately the entire county of Merced.
The study made the following additional findings:
A.
Population
and employment within the county of Merced is anticipated to increase
by 98% and 82%, respectively by the year 2030 and will result in levels
of service E and F (as defined in the Highway Capacity Manual, 6th
Edition) on existing arterials, highways and freeways.
B.
The
Regional Transportation Plan (MCAG, 2007) modeled and evaluated the
effect of projected growth to the year 2030 on all major arterials,
highways, and freeways in Merced County and found that without expansion,
the transportation system would suffer severe congestion. Further,
the Plan showed that the recommended transportation improvements would
accommodate the traffic anticipated in the year 2030 at the desired
level of service D.
C.
Existing
and future sources of public revenues are insufficient to fund all
the needed transportation improvements.
D.
The
revenues generated by this regional transportation impact fee will
provide additional funds necessary to construct the transportation
improvements and will help provide the additional capacity needed
in the year 2030 to accommodate the traffic generated by new development
in the cities and county of Merced.
E.
The
regional transportation impact fee is a fair and equitable method
of distributing the cost of transportation improvements among the
development that will generate the increased traffic.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
As used in this chapter:
mean the average number of peak-hour trips to or from a designated
land use Monday through Friday.
means any discretionary or ministerial action by the county
resulting in the issuance of grading, plumbing, mechanical, or electrical
permits, conditional use permits or certificates of occupancy issued
by the county to construct and to change the use of a building or
property.
Where development applies to a change in use of, or enlargement
of an existing building, the average weekday peak-hour trips shall
be only the additional trips in excess of those associated with the
existing use.
means the unincorporated areas of the county of Merced and
the incorporated areas of the six cities within Merced County.
means the joint powers agency delegated to manage and administer
the regional transportation impact fee and whose members are the incorporated
cities and the county of Merced.
means the account to which regional transportation impact
fees collected under this chapter are deposited with the Merced County
treasurer by the cities and county for any lawful use as provided
in this chapter.
means the one-hour long period during which the maximum amount
of traffic occurs. Often the peak hour is a rush period when commuters
travel to and from work.
means the following street, road, and highway segments:
State Highways: the portions of Interstate 5 and State Routes
33, 59, 99, 140, 152 and 165 that lie within Merced County, including
any future realignments;
Bradbury Road from Highway 165 to Highway 99;
Bloss Avenue from Highway 165 to Highway 99;
Westside Boulevard from Highway 165 to Highway 99;
Lincoln Boulevard from Highway 140 to Peach Avenue in Livingston;
Main Street in Livingston from Peach Avenue to Highway 99;
Livingston-Cressey Road from Highway 99 to Santa Fe Drive;
Olive Avenue from Livingston-Cressey Road in Livingston to Santa
Fe Drive in Winton;
Santa Fe Drive from the Stanislaus County line to Highway 59/Olive
Avenue in Merced;
Santa Fe Avenue from Plainsburg Road in Planada to the Madera
County line;
Applegate Rd. from Highway 140 to Highway 99 in Atwater;
Winton Way from Highway 99 in Atwater to Santa Fe Drive in Winton;
Buhach Road from Highway 140 to Santa Fe Drive;
Bellevue Road from Highway 99 to Lake Road or Campus Parkway,
including gaps;
Olive Avenue in Merced from Highway 59 to Campus Parkway;
G Street in Merced from Highway 99 to Bellevue Road;
Mission Avenue from Highway 59 to Campus parkway;
Plainsburg Road from Highway 99 to Highway 140;
Sandy Mush Road from Highway 59 to Highway 99;
Henry Miller Avenue—from Highway 33, east over Interstate
5 in Santa Nella, across State Route 165 to Turner Island Road;
Los Banos to Gustine Route—along Volta Road, Ingomar Grade,
Cottonwood Road and Hunt Road to Gustine;
Sandy Mush Road/Turner Island Road—west from State Route
99, across State Route 59 to Turner Island Road and south to State
Route 152;
Washington Road—from Indiana Avenue to Highway 59;
Hutchins Road from Carlucci Road to Indiana Avenue;
Indiana Avenue from Highway 152 to Washington Road;
Walnut Avenue—in the county, from Livingston to Santa
Fe Drive;
Le Grand Road—in the county, from Hwy 99 to Santa Fe Avenue;
Minturn Road—in the county, from Le Grand Road to the
Madera County line;
Oakdale Road—in the county, from Highway 59 to the Stanislaus
County line;
La Grange Road—in the county, from Highway 59's termination
in Snelling to the Stanislaus County line;
Merced Falls Road—in the county, from Highway 59's termination
in Snelling to the Mariposa County line;
The future Campus Parkway—from Highway 99 to end of route
at Yosemite Avenue or UC Merced;
Gurr Road—from State Route 140 near the McSwain area to
Sandy Mush Road;
The future Atwater-Merced Expressway from Highway 140, intersecting
and crossing Highway 99 to Highway 59 at Bellevue Road.
means those members of the MCAG governing board whose appointing
jurisdiction has adopted the ordinance codified in this chapter.
means the document adopted by the Merced County Association
of Governments on May 17, 2007.
means the number of average weekday peak-hour trips generated
by a particular land use. The land use categories correspond to those
used in the regional travel model maintained by MCAG. The trip generation
rate for each land-use category is the rate published by the Institute
of Transportation Engineers, 6th Edition. The land use categories
and peak-hour trip generation rates are as follows:
|
Land Use
|
Rates
|
|---|---|
|
Residential, Single-Family:
(ITE Code 210)
|
1.00 trips per dwelling unit
|
|
Residential, Multi-Family:
(ITE Code 220)
|
0.61 trips per dwelling unit
|
|
Retail Commercial, General:
(ITE Codes 800-912 except those listed below)
|
1.86 trips per 1,000 sq. ft. floor area
|
|
Retail Commercial, High Turnover:
(ITE Codes 831-837, 844-847, 851-853, 911-912)
|
10.86 trips per 1,000 sq. ft. floor area
|
|
Retail Commercial, Low Turnover:
(ITE Codes 814, 823, 848, 860, 862, 890)
|
1.25 trips per 1,000 sq. ft. floor area
|
|
Retail Commercial, Over 50,000 sq. ft. gross floor area:
(ITE Code 820, and any 800-999 with 50,000+ sq.
ft.)
|
3.58 trips per 1,000 sq. ft. floor area
|
|
Office Commercial:
(ITE Codes 710-770)
|
1.79 trips per 1,000 sq. ft. floor area
|
|
Industrial:
(ITE Code 110-170)
|
0.75 trips per 1,000 sq. ft. floor area
|
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
This chapter shall apply only to new development and to any
reconstruction of existing buildings that will generate additional
vehicular trips. The provisions of this chapter shall take effect
as provided by Section 5.60.150.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
A.
The
regional transportation impact fee is not intended to be the sole
source of funding for construction of the regional system. Furthermore,
the total amount of fees collected pursuant to this chapter shall
not exceed the cost of construction of the regional system.
B.
The
Merced County Association of Governments has calculated the regional
transportation impact fee according to the following procedure:
1.
MCAG
determined the total costs of the regional transportation improvements.
2.
MCAG
established a capital improvements program. This will include each
regional transportation improvement project with its total project
cost, and sources of funds to pay for the project, specifically showing
the amount for each project to be funded through the regional transportation
impact fee.
3.
MCAG
determined the total amount to be funded by the fee by summing the
fee shares of each project in the capital improvements program.
4.
MCAG determined the total number of peak-hour trips associated with new development, for each land use category listed in the definition of trip generation rates, Section 5.68.040, by using the MCAG traffic model and subtracting the number of peak-hour trips generated in Merced County by each category in the year 2005 from the number of such trips generated by the same category in the year 2030.
5.
MCAG
determined a per-trip cost by dividing the total amount to be funded
by the fee by the total number of trips associated with new development.
6.
MCAG determined a cost per unit of development for the land use categories listed in the definition for trip generation rate, Section 5.68.040. This cost will be calculated by multiplying the per-trip cost by the average peak-hour trips per unit of development. Units of development will be dwelling units for residential land uses, and 1,000 square feet of floor area for commercial, industrial, and other land uses.
7.
The
fee for each new development is calculated by multiplying the cost
per unit of development by the number of units being developed.
C.
As shown
in the Regional Transportation Impact Fee Study by MCAG, the cost
per peak-hour trip, adjusted for inflation, is $3,224.02.
D.
The
Regional Transportation Impact Fee Study has calculated the following
transportation impact fee schedule, adjusted for inflation, for these
land use categories:
|
Residential, single-family:
|
$3,224.02 per dwelling unit
|
|
Residential, multifamily:
|
1,958.22 per dwelling unit
|
|
Retail commercial, general:
|
4,291.11 per 1,000 sq. ft. floor area
|
|
Retail commercial, high turnover:
|
12,504.87 per 1,000 sq. ft. floor area
|
|
Retail commercial, low turnover:
|
2,877.30 per 1,000 sq. ft, floor area
|
|
Retail commercial, over 50,000 sq. ft.:
|
7,411.64 per 1,000 sq. ft. floor area
|
|
Office commercial:
|
3,453.80 per 1,000 sq. ft. floor area
|
|
Industrial/agricultural processing:
|
1,458.32 per 1,000 sq. ft. floor area
|
E.
Should the applicant believe the land use category in subsection D of this section is not appropriate for their application, the applicant may propose a more appropriate development category, subject to the approval of the public works director, and alternative trip generation rate from the ITE trip generation code noted in this chapter for use in calculation of the appropriate trip generation rate.
F.
Should the applicant believe the land use category in subsection D is not appropriate for their application, the applicant may have prepared, at their own expense, a trip generation study conducted by a licensed traffic engineer that forecasts the anticipated peak hour trips for the proposed development. The study procedure and results shall require the approval of the public works director.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008; Ord. 1859 § 1, 2009)
The board of supervisors finds that the regional transportation
impact fee study:
A.
Identifies
the purpose of the regional transportation impact fee (RTIF);
B.
Identifies
the use to which the fee will be put, including specific facilities;
C.
Demonstrates
a reasonable relationship between the fee's use and the type of development
project on which the fee is imposed;
D.
Demonstrates
a reasonable relationship between the need for the public facility
and type of development project on which the fee is imposed; and
E.
Shows
a reasonable relationship between the amount of the fee and the cost
of the public facility or portion of the public facility attributable
to the development on which the fee is imposed.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
The following developments are exempted from payment of the
fee required by this chapter:
A.
The
reconstruction of any building that has been destroyed by fire, flood,
or natural disaster so as the reconstructed building both continues
the prior use and generates the same or fewer trips as the original
building.
B.
The
regional transportation impact fee shall not apply to Castle Airport
Aviation and Development Center until the average daily traffic (ADT)
from the former Castle Air Force Base, not including land owned by
the Federal Bureau of Prisons, exceeds 20,000. ADT shall be determined
by actual traffic counts at all public entry and exits to Castle Airport
Aviation and Development Center.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
A.
Where an applicant, otherwise subject to this chapter dedicates and/or improves those regional roads, highways, or freeways identified in Section 5.68.140, "RTIF project list," of this chapter beyond the requirements established in subsection B of this section, the applicant shall receive a credit against his or her regional transportation impact fee. That credit shall be an amount equal to the land value of dedicated land and/or the actual engineering and construction costs incurred at the time of the development to the extent that the MCAG has included those costs in its estimated cost of constructing the regional system.
B.
The
fee required by this chapter shall be supplementary to any fees and
conditions imposed upon projects under the provisions of the Subdivision
Map Act, California Environmental Quality Act, and other state and
local laws, ordinances, or administrative policy which may authorize
the imposition of conditions or contributions on development and the
applicant shall not be entitled to any credits for such contributions
or conditions.
C.
The
in-lieu-of-fee credit for any land dedications shall be based on the
fair market value of the land dedicated as determined by an appraisal
process with consultation with MCAG.
D.
Should
the in-lieu-of-fee credit exceed the applicant's total fee, the difference
may be credited against any of the applicant's future development
which would be subject to the fee, or a reimbursement agreement may
be entered into.
E.
Should
a developer be required to provide improvements which benefit adjacent
undeveloped land, the developer may be reimbursed for a proportionate
share of the cost of such improvements under special agreements with
MCAG and contingent upon future fees contributed from other benefited
developments. In all cases, however, reimbursements under such special
agreements must be timed to coincide with construction of the transportation
project as scheduled in the capital improvement plan adopted by MCAG.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
A.
The
RTIF shall be collected before the issuance of a building permit for
nonresidential structures.
B.
For
nonresidential structures, the RTIF may be paid in up to five equal
annual installments that shall include interest subject to the approval
of the county.
C.
For
a change of use or other development subject to this chapter, that
would not require a building permit, the fee shall be collected at
the time of the issuance of a use, development, or business license
permit, whichever occurs first.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008; Ord. 1859 § 1, 2009)
A.
All
moneys collected from payments of the regional transportation impact
fee shall be deposited with the county treasurer of Merced County
in the trust fund.
B.
All moneys in the trust fund shall be used solely for the delivery of the regional transportation projects identified in Section 5.68.140, "RTIF project list," of this chapter. Project delivery includes preparation of environmental and engineering documents, right-of-way acquisition, construction, project support, and fund administration. All interest or other earnings of the trust fund shall be credited to the trust fund.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
An applicant who disputes the amount of impact fee may file
a written notice of appeal with the public works director. Within
15 days of the appeal, the public works director shall provide written
notification of his or her decision. If unsatisfied with the decision
of the public works director, the applicant may resubmit a written
appeal to the board of supervisors. Thereafter, the board of supervisors
shall render its decision by a majority vote of those members present
within 60 days of the filing of the appeal.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
A.
The
board of supervisors shall annually review, pursuant to Government
Code Section 66006, and if necessary amend the regional transportation
impact fee program to ensure that it continues to be a fair and equitable
method to distribute the costs of improvements necessary to accommodate
traffic volumes generated by future growth. This review will coincide
with the adoption of the five-year capital improvement program pursuant
to Government Code Section 66006(d). In adjusting the fee program,
the following shall be considered:
1.
Adding
new transportation projects that meet program criteria;
2.
Deleting
projects that have been completed;
3.
Adjust
the average per trip cost to reflect changes in construction costs;
4.
Adjust
the average per-trip cost to reflect changes in land values as indicated
in an annual survey of local government costs for land subject to
right-of-way acquisition;
5.
Revise
the average per-trip cost to reflect changes in the list of regional
projects as that list may be amended from time to time by the RTIF
policy board.
B.
Unless otherwise amended by the board of supervisors, the fees listed in Section 5.68.060(D) shall be adjusted on July 1st of each year based upon the Engineering Construction Cost Index as published by the Engineering News Record.
C.
Changes
in the regional transportation impact fee resulting from the annual
review will have no effect on fees already paid into the trust fund.
D.
At the
time of the annual review, the board of supervisors shall make findings
for any fees remaining unexpended and uncommitted in the trust fund
for five or more years after deposit demonstrating a reasonable relationship
between the fee and the purpose for which it was charged. Unless a
need for such fees can be demonstrated, the unexpended or uncommitted
portion including interest that has accrued shall be refunded to the
current record owner of the development project on a prorated basis.
(Ord. 1749 § 1, 2005; Ord. 1844 § 1, 2008)
The following transportation projects are those which when completed
will together mitigate the traffic impacts on the regional transportation
system of future growth to the year 2030 throughout Merced County.
The regional transportation impact fee shall be solely for funding
environmental clearance analysis and reports, design engineering,
right-of-way acquisition, construction, fund management, project support,
and other necessary expenses for the delivery of regional system projects
and any other purpose consistent with this chapter. The fee may not
be used for system maintenance.
A.
Bellevue
Road (Connection to Highway 99): extend existing Bellevue Road from
City of Atwater to new interchange.
B.
Mission
Avenue: reconstruct Mission Avenue from Highway 59 to Highway 99,
does not include adding lanes.
C.
Atwater-Merced
Expressway (Realignment of Highway 140 and Highway 59): construct
new expressway from Highway 140 near Gurr Road to Highway 59 near
Bellevue Road; includes new interchange with Highway 99.
D.
Highway
59: widen Highway 59 to four lanes from Mission Avenue to Childs Avenue.
E.
Highway
59: widen Highway 59 to four lanes from Highway 152 to Mission Avenue.
F.
Highway
140: widen Highway 140 to four lanes from Parsons Avenue to Santa
Fe Avenue, includes replacement of the Bradley Overhead.
G.
Highway
140: widen Highway 140 to four lanes from Santa Fe Avenue to Campus
Parkway.
H.
Highway
140/33 (Gustine Truck Route): construct bypass of Highway 140 and
Highway 33 around the city of Gustine.
I.
Highway
152 (Los Banos Bypass): construct bypass of Highway 152 around the
city of Los Banos.
J.
Highway
165 (Hilmar Bypass): widen Highway 165 from Highway 99 to Highway
140, including bypass around the unincorporated community of Hilmar
and a new interchange with Highway 99.
K.
Dos
Palos Road improvements.
L.
Winton
Parkway interchange improvements and widening.
M.
Campus
Parkway (New Expressway): construct Campus Parkway from Highway 99
to Yosemite Avenue.
(Ord. 1844 § 1, 2008)
