This chapter shall be known as the San Joaquin County regional
transportation impact fee program ordinance.
(Ord. 1318 § 1, 2005)
Substantial population and employment growth is expected in
San Joaquin County through 2025 and beyond. This growth will cause
impacts on the regional transportation network ("RTIF network") including
increased congestion and related impacts unless substantial improvements
are completed. The regional transportation impact fee program ("RTIF
program") is intended to impose a fee to provide funding for transportation
and transit improvements that help mitigate these impacts. New development
throughout the county will be subject to the fee which will be proportional
to the impact caused on the regional transportation network by such
new development. The funding derived from the RTIF program shall be
used in combination with other funding available to complete the needed
transportation and transit improvements.
(Ord. 1318 § 1, 2005)
For the purpose of this chapter, and any resolution implementing
the ordinance codified in this chapter, the following words, terms
and phrases shall have the following meanings:
means any project undertaken for the purpose of development
including the issuance of a permit for construction or reconstruction,
but not a permit to operate.
means any development project that proposes manufacturing,
transportation, logistics or warehousing as identified in the RTIF
land use fee category summary.
means the "San Joaquin County Transportation Authority Local
Transportation Improvement Plan: Air Quality, Mandatory Developer
Fees and Growth Management Ordinance" which establishes and implements
a retail transactions and use tax, as may be extended from time to
time.
means a development project that uses a single parcel for
two or more dwelling units within one or more buildings, including
duplexes, townhouses, condominiums and apartments as identified in
the RTIF land use fee category summary.
means any development project that involves business activities
associated with professional or administrative services, and typically
consists of corporate offices, financial institutions, legal and medical
offices, personal and laundry services, or similar uses, and religious
centers as identified in the RTIF land use fee category summary.
means the county of San Joaquin and each of the cities situated
in San Joaquin County if such agencies have (1) adopted the RTIF program
fee by ordinance and/or resolution and (2) entered into the operating
agreement.
means the regional program established by the operating agreement
by the participating agencies and the San Joaquin council of governments
(SJCOG) to impose, collect and distribute an RTIF program fee to assist
in the funding of transportation improvements to the regional transportation
network.
means the fee established by each participating agency consistent
with the RTIF program and the operating agreement.
means the regional network of highways and arterials as identified
in the RTIF technical report and which may be amended from time to
time by SJCOG.
means a building or portion thereof which is designed primarily
for residential occupancy by one family including single-family and
multifamily dwellings. Residential dwelling unit shall not include
hotels or motels.
means any development project retailing merchandise, generally
without transformation, and rendering services incidental to the sale
of merchandise at a fixed point of sale as identified in the RTIF
land use fee category summary.
means the RTIF program improvements and projects as identified
in the RTIF technical report and which may be amended from time to
time by SJCOG's adoption and amendment of an RTIF capital projects
report.
means the report adopted by SJCOG annually which identifies
the RTIF capital projects as amended from time to time by SJCOG.
means the regional transportation impact fee program operating
agreement establishing the administration of the RTIF program as adopted
by each participating agency and SJCOG which may be amended from time
to time by the parties thereto.
means the San Joaquin County Regional Transportation Impact
Fee (RTIF) Technical Report dated October 27, 2005, and prepared pursuant
to California Government Code Section 66000 et seq., the Mitigation
Fee Act.
means the use of a parcel for only one residential dwelling
unit as identified in the RTIF land use fee category summary.
(Ord. 1318 § 1, 2005)
A.
Establishing
the RTIF Program Fee. The amount of the RTIF program fee for development
projects shall be consistent with the provisions of this chapter and
the RTIF technical report and shall be established by resolution of
the city council.
B.
Annual
Adjustment. The RTIF program fee shall be automatically adjusted on
an annual basis at the beginning of each fiscal year (July 1st) based
on the Engineering News Record California Construction Cost Index.
(Ord. 1318 § 1, 2005)
A.
Authority
of the City Manager. The city manager or his or her designee, is authorized
to levy and collect the RTIF program fee and make all determinations
required by this chapter.
B.
Payment
of RTIF Program Fees. Payment of the RTIF program fees shall be as
follows:
1.
The
RTIF program fees shall be paid at the time of issuance of a building
permit for the development project, or as otherwise required or permitted
pursuant to Government Code Section 66007.
2.
The
amount of the RTIF program fees shall be the fee amounts in effect
at the time of payment.
3.
RTIF
program fees shall not be waived.
C.
Payment
by All Development Projects. Except as otherwise expressly provided
by this chapter, the RTIF program fee required in this section shall
be payable by: (1) all development projects within the city for which
building permits or other entitlements for development projects are
issued on or after the effective date of the ordinance codified in
this chapter, and (2) all development projects within the city for
which building permits or other entitlements for development projects
were issued prior to the effective date of the ordinance codified
in this chapter and which permits or entitlements were issued subject
to a condition requiring the developer to pay an RTIF program fee
to be imposed upon such development project within the city.
D.
Exemptions
from the RTIF Program Fee. The following development projects shall
not be subject to the RTIF program fee:
1.
The
rehabilitation and/or reconstruction of any legal residential structure
and/or the replacement of a previously existing legal dwelling unit,
including an expansion of an existing dwelling unit that does not
create an additional dwelling unit;
2.
The
rehabilitation and/or reconstruction of any nonresidential structure
where there is no net increase in square footage. Any increase in
square footage shall pay the established applicable fee rate for that
portion of square footage that is new;
3.
Development
projects for which an application for a vesting tentative map authorized
by Government Code Section 66498.1 was deemed complete on or prior
to the effective date of the introduction of the ordinance codified
in this chapter;
4.
Development
projects which are the subject of a development agreement entered
into pursuant to Government Code Section 65864 et seq., prior to the
effective date of the adoption of the ordinance codified in this chapter,
wherein the imposition of new fees are expressly prohibited by the
development agreement, provided, however, that if the term of such
a development agreement is extended after the effective date of the
ordinance codified in this chapter, the RTIF program fee shall be
imposed.
E.
Future
Development Agreements. All future development agreements entered
into after the effective date of the ordinance codified in this chapter
shall require the full payment of the RTIF program fee.
G.
Payment
for Mixed Land Use Projects. For mixed land use projects, which are
projects that have both residential and nonresidential uses, the amount
of the fee imposed on the entire development project shall be proportionally
determined based on the following:
H.
Previously
Paid RTIF Program Fees. In the event that RTIF program fees have previously
been paid for an existing building which is a new development project
with a new or different RTIF fee category, the previously paid RTIF
program fees for that existing building shall be credited against
the amount of the RTIF program fee attributable to the new development
project, up to the amount of the previously paid RTIF program fee.
A rebate will not be granted if the change in land use represents
a lower fee.
I.
Reimbursements
and Credits. In the event that RTIF capital projects are constructed
by a developer in excess of the development project's RTIF program
fee obligation or in lieu of payment of RTIF program fees by a developer
pursuant to an agreement between the developer and the county (city),
the developer may be reimbursed or credited for future application
for any costs based on the actual costs of construction of the RTIF
capital project incurred by the developer in excess of the amount
of the RTIF program fees that apply to the development project.
(Ord. 1318 § 1, 2005)
A.
RTIF
Account or RTIF Funds. All fees collected pursuant to the RTIF program
fee shall be deposited in an RTIF account or RTIF fund and shall not
be commingled with other funds. The contents of this RTIF fund shall
be designated solely for the purpose of contributing to the financing
of the RTIF capital projects included in the RTIF capital projects
report and for the funding of incidental administrative costs. Any
interest income earned on the RTIF fund shall also be deposited therein
and shall only be expended for the purposes set forth in this chapter.
B.
Prohibition on Interfund Transfers or Loans. Notwithstanding subsection (b)(1)(G) of Section 66006 of the Government Code, there shall be no interfund transfer, grant or loan of the RTIF program fees or RTIF fund or RTIF account to other city accounts, funds, programs or fees. However, the city may provide loans, grants or transfers of RTIF program fees to other participating agencies or SJCOG, provided that such funds are consistent with the RTIF program and used for the development or construction of RTIF capital projects.
(Ord. 1318 § 1, 2005)
