The purpose of this chapter is to further the goals and objectives
of the city general plan transportation and circulation element and
to provide a source of funding for the transportation improvements
identified in the city's capital improvement program. The city council
has determined that a fee as a condition of the issuance of building
permits is necessary to defray the actual or estimated cost of constructing
the necessary improvements. The fees authorized by this chapter are
consistent with Goals A and E of the transportation and circulation
element of the city's general plan, as well as other provisions, reports
and studies.
This chapter is enacted pursuant to the city's police powers under California Constitution Article
XI, Section 7, and
Government Code Section 66000, et seq.
(Ord. 93-18 § 3)
A. Fee
Imposed. A traffic mitigation fee shall be imposed as a condition
of the issuance of all building permits in the city. The city council
shall, by resolution, set forth the specific amount of the traffic
mitigation fee, identify the specific public improvements to be financed
thereby, describe the estimated costs of these facilities, describe
the reasonable relationship between the fee and the various types
of new developments, and describe the relationship between the need
for the facility and the various types of new developments.
B. Date
Due. The traffic mitigation fee shall be paid by each applicant prior
to issuance of a building permit.
C. The
traffic mitigation fee shall be adjusted each succeeding July 1st,
commencing July 1, 2006, to reflect inflationary costs. The fees shall
be adjusted by the ratio which the American Road and Transportation
Builders Association's Highway and Street Construction Producer Price
Index for the most recent July 1st bears to the July 1, 2005 index.
(Ord. 93-18 § 3; Ord. 98-17 § 2; Ord. 06-3 § 1)
Any fees pursuant to this chapter may provide for credits or
exemptions, as determined by the director of public works, for properties
which are included in a financing district providing funding for transportation
improvements; or which are subject to transportation mitigation fees
and/or conditions pursuant to agreement or other authority; or which
have constructed transportation improvements.
(Ord. 93-18 § 3)