The title of this chapter is the "Traffic Mitigation Fee."
(Ord. 95-06 § 1, 1995)
It is the purpose and intent of this chapter to establish a program to provide funding for the construction of the necessary circulation system improvements to serve the new developments within the city. This fee is not intended to duplicate any existing mitigation fees. The requirements of this chapter are in addition to any other requirements imposed by city ordinances, resolutions, rules or regulations. The fees required by this chapter are in addition to any other means of financing facilities or improvements which may be available under state law, this code or city policy. This chapter establishes a fair and equitable method of determining the extent to which the development or redevelopment of land will generate traffic volumes which impact the circulation system.
(Ord. 95-06 § 1, 1995)
Whenever the following terms or phrases are used in this chapter, they shall have the following meanings:
means the owner, or duly designated agent of the owner, of property as to which a request for development approval is received by the city.
means to determine the amount of the traffic mitigation fee to be collected, based on the type of land use.
means the plan for capital improvements adopted or updated annually by the city council. The capital improvement plan indicates the approximate location, size, time of availability and estimated cost of capital improvement to be financed with appropriate funds and traffic mitigation fee monies.
means the public improvements for transportation and transit, including, but not limited to, streets and supporting improvements, overpasses, bridges and freeway ramps identified in the city's current capital improvement plan and/or the traffic fee program.
means those improvements necessary to attain the goals and
means the time when the traffic mitigation fee due is actually paid by the applicant to the city.
means earmarking, budgeting, or appropriation of traffic mitigation fees to fund or partially fund capital improvements to the circulation system.
means any discretionary or ministerial action by the city resulting in the issuance of grading, building, plumbing, mechanical, or electrical permits, conditional use permits or certificates of occupancy issued by the city to construct or change the use of a building or property.
means the report adopted by the city council that sets forth the projected revenue, the circulation system improvement list, the estimated cost to construct the improvements, funding gap between the projected revenue and the estimated costs. The report method of fee computation and a traffic improvement fee schedule based upon land use categories and units of measurement.
(Ord. 95-06 § 1, 1995)
A.
Applicability. The provisions of this chapter shall apply to all new development, and to the redevelopment of any existing building or parcel, which will generate additional p.m. peak hour trips.
B.
Basis of Traffic Mitigation Fee. The fee is based upon the "Traffic Fee Program Report" as adopted by the city council. The traffic fee program report is to be reviewed annually to determine if there have been significant changes in conditions that require a modification to the traffic improvement fee schedule.
(Ord. 95-06 § 1, 1995)
The traffic improvement fee schedule will be adopted by a resolution of the city council.
(Ord. 95-06 § 1, 1995)
A.
Requirement to Pay. All projects, which are determined by the city engineer to generate additional p.m. peak hour trips, are required to pay the traffic mitigation fee established under Section 3.40.040.
B.
Time of Payment. The traffic mitigation fee shall be paid prior to the issuance of any building permit for any development required to pay such a fee, except that in the case of a development which is not required to secure a building permit, the fee shall be paid prior to initiation of a change of use which requires a fee payment under this section.
(Ord. 95-06 § 1, 1995)
The fees paid pursuant to the provisions of this chapter will be set aside by the city in a fund to be used solely for the purpose of constructing streets and related improvements or acquiring right-of-way necessary to complete the city's adopted circulation system.
(Ord. 95-06 § 1, 1995)
The city engineer will be responsible for administering the provisions of this chapter. Decisions made by the city engineer may be appealed to the city council by filing a notice of appeal with the city clerk within 15 days from the date of the city engineer's determination. The appeal process shall be as provided for in Chapter 1.24 of this code.
(Ord. 95-06 § 1, 1995)