Angels Camp Municipal Code Ch. 12.18 Traffic Mitigation Fees

This chapter establishes traffic mitigation fees to be applied to all new buildings within the city of Angels. (Ord. 317 § 2(part), 1991; Ord. 328 § 1, 1993)

The purpose of this chapter is to minimize the impact of new development as defined by Government Code Section 66000(a) and identified in the 1991 Circulation Study--Final Report on traffic within the city. The purpose of the fees referred to in this chapter is to maintain, at a minimum, the existing level of traffic circulation within the city, notwithstanding any new development, and to better traffic circulation where possible. (Ord. 317 § 2(part), 1991)

The city council may from time to time establish fees by resolution as appropriate fees required by this chapter. (Ord. 317 § 2(part), 1991)

Revisions shall be made only after determination by the city council that the fees then in existence do not bear a reasonable relationship to the costs of the traffic mitigation measure required. (Ord. 317 § 2(part), 1991)

Where traffic mitigation fees have been paid to the city on a particular project, the fees provided for by this chapter shall be waived. The burden of providing proof of such prior payment shall lie with the individual requesting the fee waiver. (Ord. 317 § 2(part), 1991)

Full payment of fees shall be required prior to the issuance of a building permit. (Ord. 317 § 2(part), 1991)

The fees collected and interest generated by the city shall be kept in a separate traffic mitigation fund and used for traffic circulation within the city. (Ord. 317 § 2(part), 1991)

Any rehabilitation, remodel, repair or replacement of an existing structure shall be exempt from payment under this chapter. However, any additions to existing building shall be subject to new fees only to the extent of additional square footage and shall not include the square footage of the original structure. (Ord. 317 § 2 (part), 1991; Ord. 328 § 2, 1993)

Nothing in this chapter shall prevent a developer and the city from entering into an alternative means or basis for payment of the fees required by this chapter. (Ord. 317 § 2(part), 1991)

Within five years of the date of collection, traffic mitigation fees provided for under this chapter shall be expended or encumbered for the construction of capital improvements or purchase of rights-of-way identified within the city of Angels capital improvement program and finance strategy or they shall be refunded to the fee payer or successor in title including principal and accrued interest unless the city council of the city of Angels has determined within the five- year period, by resolution, that the unexpended, uncommitted fee amounts are still reasonably related to the impacts of the developments and still needed for the construction of specified public facilities. (Ord. 317 § 2(part), 1991)

The city of Angels city engineer shall review the capital improvements program and financing strategy and traffic mitigation fee on an annual basis to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. The engineer shall determine any amendments that may be necessary, including escalation of project costs, and present a report and recommendations concerning the same to the city council. (Ord. 317 § 2(part), 1991)

Traffic mitigation fees, including cost recovery fees, shall be adjusted annually based on the California Construction Cost Index (aka Engineering News Record Building Cost Index). Adjustments may be made annually by resolution. (Ord. 500 § 1, 2020)

Whenever the following words appear in the codes or resolution codified in this chapter, they shall be deemed to mean as follows:

A. "ITV" means Institute of Transportation Engineers.

B. "Trip" means a single or one-way vehicle movement either to or from a subject property or
study area.

C. "Trip end" means the total of trips entering and leaving a specific land use or site over a
designated period of time.

D. "Trip generation" means the total number of trip ends produced by a specific land use or
activity.
(Ord. 317 § 2(part), 1991)