Chapter 14.04 — LOCAL AND REGIONAL TRAFFIC MITIGATION FEES

A.

In order to implement the goals and objectives of the city's general plan; to meet the city's requirement to mitigate significant adverse impacts as set forth in the California Environmental Quality Act; and to mitigate impacts on local and regional roads caused by new development within the city, local and regional traffic mitigation fees ("fee" or "fees") are necessary. Such impacts to local and regional roads include, but are not limited to, physical injury, wear and tear, and reductions in level of service. The purpose of this chapter is to provide for the imposition of local and regional traffic mitigation fees on development projects and to establish provisions for the collection and management of these fees.

B.

This chapter is enacted pursuant to and shall be administered in compliance with the Mitigation Fee Act, Government Code Section 66000 et seq.

C.

The city council finds and determines that:

The local traffic mitigation fee program developed by the Amador County transportation commission in consultation with the city's contract engineer is based on the nexus plan which addresses local roads to the satisfaction of requirements contained in Government Code Section 66001(a) and provides adequate findings to support the imposition of the fee for local roads.

2.

The regional traffic mitigation fee program developed by the Amador County transportation commission based on a nexus plan addressing regional roads satisfies the requirements of Government Code Section 66001(a) and provides adequate findings to support the imposition of the fee for regional roads.

3.

New development projects in the city will create additional traffic. This traffic will increase the need for the construction and improvement of local and regional roads within the city and in adjacent areas of Amador County ("county"). The funds currently available for construction and improvement of these local and regional roads are insufficient to accomplish the mitigation needed to address these traffic impacts. If no additional funds are available, this shortfall will result in inadequate local and regional roads and level of service within the city and county.

4.

The purpose of the fees imposed under this chapter is to mitigate the impact of development projects on local and regional roads.

5.

There is a reasonable relationship between the need for the construction and improvement of local and regional roads and the type of development projects to which these fees apply because the traffic generated by residential and non-residential projects impacts regional roads so as to create a need for additional construction and improvement of local and regional roads.

6.

There is a reasonable relationship between the use of these fees and the type of development projects to which theses fees apply because these fees will be used for the construction and improvement of local and regional roads which is needed, in part because of traffic generated by residential and non-residential building projects.

7.

There is a reasonable relationship between the amount of fees imposed and the costs of the construction improvement of local and regional roads which is needed because of traffic generated by residential and non-residential projects; this relationship is shown in part because the amount of fees imposed are calculated based on the estimated number of trips generated by the type of development on which the fees are imposed.

The public health, safety, convenience, comfort, prosperity and general welfare of all city residents will be promoted by the adoption of this chapter, in that the fees collected hereunder will generate a portion of the funds necessary for the construction and improvement of regional roads.

(Ord. No. 166, § 1, 9-20-07)

"Construction" includes all phases of work related to physical construction, including, but not limited to, development, design, environmental studies and right of way acquisition.

"Local roads" are the city streets and roads, the section of old State Highway 49 relinquished to the city and its bridge over Amador Creek, as well as city-owned public rights of way, appurtenant surface transportation infrastructure and supporting facilities including sidewalks, bus stops, parking lots, and transportation enhancements located within the city limits of Amador City and which it is the city's duty to operate and maintain.

"Local road traffic mitigation fee program" means the program developed by the Amador County transportation commission in consultation with the city contract engineer based on its nexus plan as said program may be amended.

"Nexus plan" means a plan which describes the connection between a mitigation fee imposed on development and the purposes for which the mitigation fee will be used and meets the requirements of Government Code Sections 66001(a) and (b).

"Regional roads" are those roads, streets, state highways, public bridges, public rights of way, appurtenant surface transportation infrastructure and supporting improvements located in Amador County which are regional arterial and collector roadways or otherwise adjuncts to the Amador County regional roadway system.

"Regional traffic mitigation fee program" means the program developed by the Amador County transportation commission based on its nexus plan as said program may be amended.

Words which are defined in the Mitigation Fee Act shall have those meanings when used in this chapter.

(Ord. No. 166, § 1, 9-20-07)

There is hereby imposed on all new development within the city a non-refundable local and regional traffic mitigation fee. The city council shall set the amounts of each of these fees by resolution. Prior to adoption or amending the amount of each fee, the city council shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled public meeting. Notice of said meeting shall be given as provided in Government Code Section 66018. No new fee amount or fee increase shall be imposed sooner than sixty (60) days following the city council's final action on the adoption of or increase in the fee.

(Ord. No. 166, § 1, 9-20-07)

A.

For non-residential development projects, the fees authorized by this chapter shall be paid to the city at issuance of a building permit.

B.

For residential development projects, the fees authorized by this chapter shall be paid to the city prior to the date of the final inspection or the date of the certificate of occupancy, whichever occurs first. However, if the residential development contains more than one dwelling, the city may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first.

C.

"Final inspection" and "certificate of occupancy" as used in this section shall be defined as indicated in Government Code Section 66007(e).

(Ord. No. 166, § 1, 9-20-07)

This chapter is not intended to, and shall not, limit the city's ability to impose additional conditions of approval to mitigate traffic impacts.

(Ord. No. 166, § 1, 9-20-07)

The regional traffic mitigation fee shall be calculated based on the number of trip-ends generated by a development project as determined by the most recent edition of the standard text "Trip Generation," published by the Institute of Transportation Engineers.

(Ord. No. 166, § 1, 9-20-07)

A.

The city shall collect regional traffic mitigation fees and hold them and any interest in a separate fund until such time as the city is to turn them over to the Amador County transportation commission pursuant to a separate agreement. This agreement must require the Amador County transportation commission to comply with requirements of the Mitigation Fee Act with respect to establishment and maintenance of a regional traffic mitigation fund.

B.

The city's accounting, reporting and management of regional traffic mitigation fees shall comply with Government Code Section 66001 and other applicable provisions of the Mitigation Fee Act.

C.

The city shall maintain records of all building permits and other land use entitlements granted and all regional traffic mitigation fees collected.

D.

The Amador County transportation commission shall expend the fees only on those projects listed in the regional traffic mitigation fee nexus plan, as said plan may be amended. Additional findings need not be made for such expenditures.

E.

The Amador County transportation commission shall administer the regional traffic mitigation fee funds for those projects listed in the nexus plan, as said plan may be amended.

(Ord. No. 166, § 1, 9-20-07)

A.

The city shall collect local traffic mitigation fees and hold them and any interest in a separate fund as required by the Mitigation Fee Act.

B.

The city's accounting, reporting and management of the separate local traffic mitigation fund shall comply with Government Code Section 66001 and other applicable provisions of the Mitigation Fee Act.

C.

The city shall maintain records of all building permits and other land use entitlements granted and all regional traffic mitigation fees collected therefrom.

D.

The city shall expend the fees only on those projects listed in the local traffic mitigation fee program nexus plan, as said plan may be amended. Additional findings need not be made for such expenditures.

E.

The city shall administer the local traffic mitigation fee funds for those projects listed in the nexus plan, as said plan may be amended.

(Ord. No. 166, § 1, 9-20-07)

A.

A fee imposed under this chapter shall not apply to a development project that obtained a building permit before chapter's effective date ("previously approved project").

B.

In the event that subsequent development occurs with respect to a development for which fees have been paid, additional fees may be required if the subsequent development includes:

1.

The addition of square footage (non-residential development only);

2.

A change in use of all or part of the property (as uses are defined in the city's zoning ordinance); or

3.

The addition of one or more dwelling units.

(Ord. No. 166, § 1, 9-20-07)

The following new development shall be exempt from the regional traffic mitigation fee:

A.

Government/public buildings, public schools and public facilities.

B.

The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing legal dwelling unit. This exemption does not apply if the rehabilitation and/or reconstruction involves an increase in the number of dwelling units or the addition of a non-residential use.

C.

The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increased square footage shall be subject to the fee based on the application of the appropriate current rate to the area of the increase.

D.

Development projects that were issued a building permit prior to the effective date of this chapter, except as provided in Section __________.

E.

Affordable housing, meeting the criteria provided in the city's housing element and state law and providing adequate guarantees of continuing affordability can be met as determined by the city council.

(Ord. No. 166, § 1, 9-20-07)

This chapter, the nexus plan, and any resolution adopting or amending these fees and any subsequent amendments to the aforementioned documents shall be construed together.

(Ord. No. 166, § 1, 9-20-07)

A developer of any project subject to the fee described in this chapter may apply to the city council for reduction or adjustment to that fee, or a waiver of that fee, following the procedures set forth in Government Code Sections 66020 and 66021.

(Ord. No. 166, § 1, 9-20-07)

The city may accept, by dedication or grant, real property from the developer in lieu of fees otherwise

imposed pursuant to this chapter provided that the developer shall show proof satisfactory to the city that the value of the real property offered by the developer is at least equal in value to the fee for which the real property is a substitute.

(Ord. No. 166, § 1, 9-20-07)