This article shall be known and cited as the "Escondido traffic
and transportation facilities development fee ordinance."
The fees imposed pursuant to this article shall be known as
"traffic fees."
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
The city council finds and declares as follows:
(a)
The city has analyzed and updated the data, projections and standards
for transportation in a traffic and transportation facilities development
fee for residential and nonresidential development, hereinafter the
"traffic fee report";
(b)
The current standard for traffic and transportation for the city,
which standard is currently being met, is presented in the traffic
fee report;
(c)
The traffic fee report establishes appropriate standards for traffic
and transportation facilities, including bridges, prime arterials,
major roads and traffic signals, which standard is based upon the
existing levels of service being provided to existing city residents;
(d)
The city has forecasted population increases and construction of
additional dwelling units and nonresidential development;
(e)
The city has established traffic and transportation improvement standards
based upon maintaining the level of service currently being provided
to existing city residents;
(f)
Based upon the traffic and transportation facility service standards
identified in the traffic fee report such additional residential and
nonresidential development will generate a need for the construction
of the capital improvements projects for traffic and transportation
listed in the capital improvement plan of the city and in the traffic
fee report;
(g)
The need for the additional traffic and transportation improvements
is directly attributable to the demand created by the projected increase
in traffic on the roads in the city and has been distinguished from
needs attributable to existing development, which are being met through
existing funding sources;
(h)
A development fee on new residential and nonresidential development
pursuant to a traffic-generation standard will equitably apportion
the cost of traffic and transportation improvements to development
generating the need for such improvements, based upon the number of
vehicle trips generated by the development as calculated by the size
and type of development;
(i)
The purpose of the traffic fee is to assure the continued provision
of traffic and transportation improvements to new residents at the
level of service standard presently existing in the city;
(j)
The facilities to be financed with the traffic fee revenues are identified
in the traffic fee report and capital improvement plan presented to
the city council on March 22, 1989;
(k)
Because traffic fees are based upon the number of vehicle trips generated
by new development, the traffic fee is imposed upon residential and
nonresidential development at trip-generation rates reflecting their
relative demand for traffic improvements;
(l)
The traffic and transportation improvements to be provided will specifically
benefit new residential and nonresidential development by assuring
that such development will be served by necessary traffic and transportation
facilities within a reasonable distance and at appropriate service
levels established by the city;
(m)
The amount of the traffic fee per vehicle trip generated has been
based upon the per vehicle trip cost to the city of meeting the identified
traffic and transportation facility service standards;
(n)
The traffic fee will be utilized solely and exclusively for the construction
of traffic and transportation facilities to serve new residential
and nonresidential development;
(o)
Such traffic and transportation facilities will be provided within
a reasonable period of time from payment of the traffic fees;
(p)
After fully considering the documents referenced herein and the oral
testimony and documentary evidence submitted at a duly noticed public
hearing, the council hereby approves such documents and incorporates
them herein and further finds that the traffic fee is in the best
interest of the city, promotes and protects the health, safety and
welfare of present and future residents of the city and assures that
adequate traffic and transportation facilities are provided to meet
the additional demands created by new residential and nonresidential
development in the city.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
A traffic fee is hereby imposed on new residential and nonresidential
development for the purpose of assuring that the traffic and transportation
facility standards established by the city are met with respect to
the additional needs created by such development.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
For purposes of this chapter, the following words and terms
shall have the meanings stated herein, unless another meaning is plainly
intended:
means a monetary exaction imposed as a condition of development
approval in connection with a residential or nonresidential development
project in order to fund and to assure the provision of traffic and
transportation improvements needed to serve such development at established
city service levels standards within a reasonable period of time.
means the construction of public facilities, including, but
not limited to, bridges, prime arterials, major roads, collector roads,
median landscaping and traffic signals, the expenditure of funds for
such public facilities and improvements incidental thereto, the expenditure
of funds for the planning, design and engineering of such facilities
and improvements and utility relocation ancillary thereto and the
acquisition of right-of-way necessary thereto, and designed to meet
city traffic and transportation improvement needs related to projected
residential and nonresidential development.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
All residential and nonresidential development shall be required
to pay a traffic fee as provided by this article.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
The traffic fee to be imposed per vehicle trip generated, by
type and size of residential and nonresidential development, shall
be established by resolution of the city council and may be amended
from time to time as set forth in section 6-444.4 of Article 17 of
this chapter.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
(a)
Prior to issuance of a building permit, the building director shall
calculate the amount of the applicable traffic fee due based on the
fees then in effect by determining:
(1)
The type of residential or nonresidential development;
(2)
The number of dwelling units for residential development or the gross
square footage for nonresidential development;
(3)
The number of vehicle trips generated by such development; and
(4)
Multiplying the number of vehicle trips by the traffic fee amount
per vehicle trip as established by city council resolution.
(b)
Any applicable traffic fee credit shall be determined pursuant to
section 6-442, 6-445 or 6-446.
(Ord. No. 89-13, §§ 1,
2, 4-12-89; Ord. No. 89-46, § 1, 10-4-89; Ord. No. 89-52, § 2, 10-18-89; Ord. No. 92-40, § 1, 10-7-92; Ord. No. 2008-21(R), § 4, 10-22-08)
The building official shall be responsible for the collection
of the traffic fee pursuant to section 6-438 of Article 17 of this
chapter unless:
(a)
The applicant is entitled to a full credit pursuant to section 6-442
of Article 17 of this chapter; or
(b)
The applicant is exempt pursuant to section 6-444.3 of Article 17
of this chapter; or
(c)
The applicant has taken an appeal pursuant to section 6-444.2 of
Article 17 of this chapter and a bond or other surety in the amount
of the fee, as calculated by the building official, and approved by
the city attorney, has been posted with the city.
(Ord. No. 89-13, §§ 1,
2, 4-12-89; Ord. No. 2012-12, § 3, 6-20-12)
The city hereby establishes a segregated traffic fee trust fund
account, hereinafter "account," to which all traffic fees collected
by the building director shall be deposited. The account shall be
managed in accordance with the procedures and restrictions established
in section 6-439 of Article 17 of this chapter.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
(a)
Funds derived from payment of traffic fees pursuant to this chapter
shall be imposed, collected, accounted for and expended in accordance
with the procedures established in Article 17 of this chapter.
(b)
Funds in the account shall be used solely and exclusively for the
purpose of funding traffic and transportation improvements, as defined
herein, and as identified in the capital improvement plan or to reimburse
the city for expenditures, advances or indebtedness incurred for the
construction of traffic and transportation facility improvements.
(c)
Traffic fees shall not be used for the provision of traffic or transportation
improvements relating to:
(1)
The needs of existing city residents;
(2)
The enhancement of traffic and transportation facilities to provide
a higher level of service to existing city residents;
(3)
Operation and maintenance costs associated with city traffic and
transportation facilities;
(4)
Repair and/or replacement of existing traffic and transportation
facilities; or
(5)
The provision of traffic and transportation system programming.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
The applicant may appeal any decision of a city official including,
but not limited to, the applicability of the traffic fee, the amount
of the traffic fee, the applicability of an exception and the eligibility
for or amount of a credit to the city council. Any and all appeals
shall be taken in accordance with the procedures and requirements
established in section 6-444.2 of Article 17 of this chapter.
(Ord. No. 89-13, §§ 1,
2, 4-12-89)
