This chapter shall be known as the "San Diego County Transportation Uniform Mitigation Fee Program Ordinance of 2008."
(Ord. 4912 § 2, 2008)
In adopting this chapter, the city council of the city of El Cajon finds and determines that:
A.
The city is a member agency of the San Diego Association of Governments ("SANDAG"), a joint powers agency consisting of the city, the county of San Diego, and the seventeen other cities situated in San Diego County. Acting in concert, the member agencies of SANDAG, acting in their capacity as the San Diego County regional transportation commission, developed a plan whereby the shortfall in funds needed to enlarge the capacity of the regional system of highways and arterials in San Diego County (the "regional arterial system") could be made up in part by a transportation uniform mitigation fee on future residential development. As a member agency of SANDAG, the city participated in the preparation of a certain "RTCIP Impact Fee Nexus Study," dated September 5, 2006 (the "Nexus Study") prepared pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act.
B.
The city council has been informed and advised, and finds, that future development within San Diego County and the cities therein will result in traffic volumes exceeding the capacity of the regional arterial system as it presently exists.
C.
The city council has been further informed and advised, and finds, that if the capacity of the regional arterial system is not enlarged, the result will be substantial traffic congestion in all parts of San Diego County and the city, with unacceptable levels of service throughout San Diego County by 2030.
D.
The city council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the Nexus Study, will be inadequate to fund construction of the regional arterial system. Absent implementation of a regional transportation improvement plan ("RTIP") fee based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the regional arterial system, resulting in an unacceptably high level of traffic congestion within and around San Diego County and the city.
E.
The city council has reviewed the Nexus Study, and finds that future development within the county and city will substantially adversely affect the regional arterial system, and that unless such development contributes to the cost of improving the regional arterial system, the regional arterial system will operate at unacceptable levels of service.
F.
The city council finds and determines that the failure to mitigate growing traffic impacts on the regional arterial system within San Diego County and the city will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the regional arterial system will adversely affect the public health, safety and welfare.
G.
The city council further finds and determines that there is a reasonable and rational relationship between the use of the RTIP fee and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and nonresidential users of the development projects on which the RTIP fee will be levied.
H.
The city council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the regional arterial system and the type of development projects on which the RTIP fee is imposed because it will be necessary for the residential users of such projects to have access to the regional arterial system. Such development will benefit from the regional arterial system improvements and the burden of such development will be mitigated in part by the payment of the RTIP fee.
I.
The city council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the regional arterial system improvements, and that the amount of the RTIP fee expected to be generated by new development will not exceed the total fair share cost to such development.
J.
The city council further finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the regional arterial system, and that RTIP fee program revenues to be generated by new development will not exceed the total fair share of these costs.
K.
The fees collected pursuant to this chapter shall be used to help pay for the construction and acquisition of the regional arterial system improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic, thus creating the demand for the improvements.
L.
The city council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the regional arterial system.
M.
The city council adopts the Nexus Study and incorporates it in this chapter as though set forth in full.
(Ord. 4912 § 2, 2008)
For the purpose of this chapter, the following words, terms and phrases shall have the following meanings:
means the San Diego County regional transportation commission, formed pursuant to the San Diego County Regional Transportation Commission Act (California Public Utilities Code Section 132000, et seq.), which is governed by the board of directors of SANDAG.
means any project undertaken for the purpose of residential development, or development that includes, as a component, residential development, such as "mixed use" development, including the issuance of a permit for construction.
means property, which, under the current city land use plan or any specific plan, is designated as R-2, R-2-R, R-3, R-3-R, R-4, R-5, PRD low, PRD low-medium, PRD medium, or PRD high, with or without any overlay, or equivalent.
means the RTCIP Impact Fee Nexus Study pursuant to California Government Code Section 66000 et seq., which Nexus Study is on file in the city clerk's office.
means a building or portion thereof used by one family and containing but one kitchen, which is designed primarily for residential occupancy including single-family and multifamily dwellings. "Residential dwelling unit" shall not include hotels or motels.
means the TransNet Extension Ordinance and Extension Plan adopted by the San Diego County regional transportation commission Ordinance No. 04-01 on May 28, 2004, containing the detailed administrative procedures concerning the implementation of this chapter the RTIP program, as may be amended from time to time, a copy of which is on file in the city clerk's office.
means the San Diego Association of Governments, a joint powers agency consisting of the city, the county of San Diego, and the eighteen cities situated in San Diego County.
means each residential dwelling unit in a development on property, which, under the current city land use plan or any specific plan, is designated as O-S, R-1-6, R-S-9, R-S-14, R-E-20, R-E-40, PRD low-low, or C-2 (mixed use), with or without any overlay, or equivalent.
(Ord. 4912 § 2, 2008)
A.
Adoption. The schedule of fees shall be adopted by resolution approved by the city council ("resolution").
B.
Fee Calculation. The fees shall be calculated according to the calculation methodology set forth in Table 11 of the Nexus Study, as may be amended from time to time
C.
Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the San Diego County regional transportation commission. By amendment to the resolution, the fees may be increased or decreased to reflect changes in actual and estimated costs of the regional arterial system including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this chapter, as well as the availability or lack thereof of other funds with which to construct the regional arterial system. SANDAG shall review the RTIP fee program no less than every ten years after July 1, 2009.
D.
Purpose. The purpose of the RTIP fee is to fund those certain improvements to the regional arterial system identified in the Nexus Study.
E.
Applicability. The RTIP shall apply to all new development projects within the city, which include the development of one or more residential dwelling units, unless otherwise exempted by the provision of this chapter.
F.
Exemptions. The following new development shall be exempt from the TUMF:
1.
Low income residential housing;
2.
Government/public buildings, public schools and public facilities;
3.
The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing residential dwelling unit;
4.
All new, rehabilitated, and/or reconstructed nonresidential structures.
5.
Development projects which are the subject of a public facilities development agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date of this chapter, wherein the imposition of new fees are expressly prohibited; provided however that, if the term of such a development agreement is extended by amendment or by any other manner after July 1, 2008, the RTIP fee shall be imposed;
6.
Guest dwellings, as defined in Title 17 of the El Cajon Municipal Code;
7.
Additional residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in Title 17 of the El Cajon Municipal Code;
8.
Kennels and catteries established in connection with an existing residential unit and as defined in Title 17 of the El Cajon Municipal Code;
9.
The sanctuary building of a church, mosque, synagogue, or other house of worship, eligible for a property tax exemption;
10.
Residential units that have been issued a building permit prior to July 1, 2008; and
11.
Condominium conversions.
G.
Credit. Regional system improvements may be credited toward the RTIP fee in accordance with the RTIP administrative plan and the following:
1.
Regional Tier.
a.
Arterial Credits. If a developer funds or constructs arterial improvements identified on SANDAG's regional arterial system and/or that arise out of SANDAG's congestion management program, the developer shall receive credit for all costs associated with the arterial improvements, offsetting the revenue requirements of the RTIP administrative plan.
b.
Other Credits. In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by the city in consultation with the developer.
c.
The amount of the development fee credit shall not exceed the revenue requirements of the city's most current funding program (determined by the most current unit cost assumptions) for its share of the regional system or actual costs, whichever is less.
2.
Local Tier.
a.
The city shall compare facilities in local fee programs against the regional system and eliminate any overlap in its local fee program except where there is a recognized financing district has been established.
b.
If there is a recognized financing district established, the city may credit that portion of the facility identified in both programs against the RTIP fee in accordance with the RTIP administrative plan.
(Ord. 4912 § 2, 2008)
Should a developer construct regional arterial system improvements in excess of the RTIP fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less. Reimbursements shall be enacted through a three party agreement including the developer, SANDAG and the city, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year capital improvements program adopted annually by SANDAG.
(Ord. 4912 § 2, 2008)
A.
Authority of the Community Development Department. The director of community development, or his/her designee, is authorized to levy and collect the RTIP fee and make all determinations required by this chapter, except as otherwise provided in Section 15.13.070.
B.
Payment. Payment of the fees shall be as follows:
1.
The fees shall be paid at the time a certificate of occupancy is issued for the development project or upon final inspection, whichever comes first (the "payment date"). However, this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the time application is made for a building permit and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her RTIP fee obligation. If the developer makes only a partial payment prior to the payment date, the amount of the fee due shall be based on the RTIP fee schedule in place on the payment date. The fees shall be calculated according to fee schedule set forth in the resolution and the calculation methodology set forth in Table 11 of the Nexus Study, in effect on the payment date.
2.
The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this chapter, not the date the ordinance approving this chapter is initially adopted. The city shall not enter into a development agreement, which freezes future adjustments of the RTIP fee.
3.
If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land.
4.
Fees shall not be waived.
C.
Disposition of Fees. All fees collected hereunder shall be transmitted to a fund established and designated by the city for deposit, investment, accounting and expenditure in accordance with the provisions of this chapter and the Mitigation Fee Act.
(Ord. 4912 § 2, 2008)
A.
The director of public works is appointed as the administrator of the transportation uniform mitigation fee program. He or she is authorized to receive all fees generated from the RTIP fee within the city, and to invest, account for and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this chapter shall be contained in the RTIP administrative plan developed by the RTIP administrator. Furthermore, the RTIP administrator shall use the Nexus Study for the purpose of calculating a developer's RTIP fee obligation. In addition to detailing the methodology for calculating all RTIP fee obligations of different categories of new development, the purpose of the Nexus Study is to clarify for the RTIP administrator, where necessary, the definition and calculation methodology for uses not clearly defined in this chapter.
B.
The city shall expend only that amount of the funds generated from the RTIP fee for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed the annual net amount of revenue raised by the RTIP fee. The RTIP administrative plan further outlines the fiscal responsibilities and limitations of the administrator.
(Ord. 4912 § 2, 2008)