Antioch Municipal Code Ch. 9 Regional Transportation Impact Fees

The City Council of the city hereby finds the following to be true and correct:

(A) Effective August 9, 1994, the Cities of Antioch, Brentwood, and Pittsburg, together with the County of Contra Costa, entered into an Agreement pursuant to California Government Code Section 6500 et seq., entitled "East Contra Costa Regional Fee and Financing Authority Joint Exercise of Powers Agreement" (referred to as the "Agreement"), which provided for the creation of a separate Joint Powers Agency ("ECCRFFA" or "Authority"), to assist in the establishment of a Uniform Regional Development Fee Program and the funding and implementation of transportation improvement projects in the East County area. The ECCRFFA area of jurisdiction is defined as "Region" in the Agreement. With the incorporation of the City of Oakley, effective July 1, 1999, the Parties amended the Agreement to add Oakley as an additional member of the ECCRFFA, pursuant to Sections 3C and 16 of the Agreement, effective October 4, 1999. The four cities listed above and the County are the "Member Agencies" of ECCRFFA.

(B) Pursuant to the Agreement, ECCRFFA has established its purposes—namely:

(1) To establish a Uniform Regional Development Fee Program ("Fee Program") within the region, and to coordinate planning and implementation of the Fee Program within a single public agency.

(2) To identify projects to be funded by the fee program solely or in conjunction with other funding sources.

(3) To establish funding goals for identified projects, and to seek commitments from the parties to this agreement regarding funding for the projects.

(4) To establish an implementation schedule for projects.

(5) To establish fee collection, financing, and management mechanisms, and to formalize institutional arrangements for the implementation of the fee program.

(C) Pursuant to the Mitigation Fee Act, California Government Code Section 66000, et seq., a local agency is authorized to charge a fee to development applicants in connection with approval of a development project for the purpose of defraying all or a portion of the costs of public facilities related to the development project.

(D) In furtherance of the its purposes and goals, ECCRFFA undertook the conduct of studies and the preparation and approval of reports, commencing with the "Development Program Report for the Eastern Contra Costa Sub Regional Transportation Mitigation Fee", prepared by and for the Contra Costa Public Works Department dated March 8, 1994.

(E) In 2001, ECCRFFA initiated a comprehensive update of the Program to help fund additional regional transportation improvements. That update, which was documented in a report entitled "East Contra Costa Fee Program Update", prepared by ECCRFFA's consultants (Fehr and Peers), dated May, 2001, included a list of capital improvement projects and an updated fee structure for new development. The update was not formally approved by ECCRFFA, but a modified report, the "East County Transportation Improvement Authority Fee Study", addressing similar transportation needs, facilities, costs, and fees, was approved by each of the four members (Antioch, Brentwood, Oakley, and the County) pursuant to a new and separate Joint Powers Authority known as the East County Transportation Improvement Authority ("ECTIA"), in January 2002.

(F) From 1994 to date, ECCRFFA and its member agencies have used several different, but synonymous names to refer to the ECCRFFA developer fees for mitigation of transportation congestion and related impacts.

(G) In recognition of continuing growth and development in the areas of each of the member agencies, the ECCRFFA staff and Board of Directors determined that a further updating of all relevant data was appropriate, including the adoption, if necessary, of a revised and increased capital improvement plan and including Regional Transportation-Development Impact Mitigation Fees, hereinafter referred to as "RTDIM Fees", by each of the ECCRFFA Member Agencies.

(H) The initiative to update the fee program was discussed at public meetings of the ECCRFFA Board in the fall of 2003, and ECCRFFA contracted with Fehr & Peers, Transportation Consultants, on November 1, 2003, to prepare a detailed "East Contra Costa Regional Fee Program Update Report" ("Report"). The draft of the report dated June, 2005, has been completed and submitted to the Board of Directors for review and consideration.

(I) In the course of the study process and preparing the report, information and input was obtained from the Transplan technical Advisory Committee, the lead engineers from each Member City and the County of Contra Costa, the Executive Committee comprised of the City Managers of each Member City and the Chief Administrative Office of the County, as well as the County Counsel's office.

(J) In the course of the study, in discussions with the Advisory Committee and staff, and in the preparation of the Report, the contract Consultants referred to and utilized numerous professional and industry related publications, including but not limited to:

(1) Response to Proposed Route 4 Bypass Authority Development Fee Program, Korve Engineering, April 1993.

(2) Brief Guide of Vehicular Traffic Generation rates, San Diego Association of Governments, July 1998.

(3) Route 4 East Corridor Major Investment Study, Contra Costa Transportation Authority, May 1999.

(4) Projections 2000, Association of Bay Area Governments, 2000.

(5) East County Transportation Improvement Authority Fee Study, Final Report Fehr & Peers Associates, January 2002.

(6) SR 4 East Corridor Transit Study, Contra Costa Transportation Authority, December 2002.

(7) Trip Generation, 7th Edition, Institute of Transportation Engineers, 2003.

(8) Traffic Service Objectives Monitoring Report, Contra Costa Transportation Authority, December 2004.

(9) Action Plans for the Routes of Regional Significance, Transportation Planning Committee for East County.

(10) East County Travel Demand Model, a computer program of the Contra Costa Transportation Authority.

(11) These documents have been presented to the city and were available to all interested persons.

(K) In the course of the study and as one basis for the findings, conclusions, and recommendations in the report, the contract consultants reviewed regional land use forecasts provided by the Association of Bay Area Governments ("ABAG"), and the General Plans of each of the ECCRFFA Member Agencies reflecting land use projections, including future population and employment growth.

(L) The report establishes that projected new development in the Cities of Antioch, Brentwood, Oakley, and Pittsburg and the unincorporated eastern portion of the County of Contra Costa will further congest the freeways and arterial roadways and place additional demand on the regional transportation system.

(M) Future development in the service area of ECCRFFA will generate the need for the additional regional traffic improvements specified in the report, and that these regional traffic improvements are consistent with the general plans of the member agencies.

(N) Travelers on some of the regional transportation facilities described in Table 3 of the report, currently experience congestion and delays which are expected to increase in severity as the result of projected development. Expansion and construction of related improvements to the identified transportation facilities will increase the flow of traffic, reduce congestion and noise, and improve safety and air quality throughout the regional area. Based upon this data, the City Council finds that there is a reasonable relationship between the need for the expansion and other transportation improvements to the identified transportation facilities projects and to the types of development on which the fee is imposed.

(O) The report finds that a total of 26 regional traffic/transportation projects are necessary to accommodate future growth and its associated traffic demand. The specific transportation improvements to be financed by the fees are described in Table 3 of the Report which is deemed to be the capital improvement plan of ECCRFFA.

(P) The estimated costs of the capital improvements, the continued need for those improvements, and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which the fee is charged, were studied and reviewed as a part of the report project.

(Q) The regional traffic/transportation projects are necessary for the safety and capacity of the transportation system as determined by planned growth forecasted by ABAG for the agencies participating in the agreement relating to the ECCRFFA.

(R) The projects will be funded by RTDIM Fees uniformly assessed over the entire east county region on a per dwelling unit or per square foot of gross floor area basis. The fee-funded portion of the cost of the projects has been distributed between the individual land use categories based on a peak hour trip generation factor, all as specified in the report. The fees are also calculated in the report.

(S) The purpose of this fee program is to generate monies that will fund the projects. The projects will improve safety and provide additional transportation capacity. In this way, the transportation system can keep pace with the planned growth in the areas of each of the member agencies by providing assistance for the transportation needs and improved infrastructure contained in the general plans of the member agencies.

(T) The RTDIM Fees will enable the ECCRFFA to construct and to provide regional traffic improvements and to provide road and transportation facilities to meet the needs of new residents and employees in the communities served by the ECCRFFA.

(U) Adoption of increased RTDIM fees, together with other sources of revenue, will provide for the implementation of a transportation system that provides access to the major developed areas of East County and maintains acceptable travel conditions on the regional roadway and freeway system.

(V) The RTDIM fees will be used to pay for administration of the fee area and for the planning, environmental documentation, design, acquisition of right-of-way, and construction of the projects.

(W) Revenues received from RTDIM fees imposed by the member agencies and transmitted to ECCRFFA at the current rates are not sufficient to meet the funding needs for the regional traffic/transportation projects identified in the project list, Table 3 of the report.

(X) That the cost estimates set forth in Table 3 of the Report are reasonable cost estimates for constructing the projects, and the fees expected to be generated by future developments will not exceed the total costs of constructing the regional traffic improvements. There is a reasonable relationship between the amount of the RTDIM Fees set forth in Exhibit "A" and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

(Y) The report establishes, by use of a six-step technical analysis, that ECCRFFA-wide uniform RTDIM Fees are justified as being reasonably related to the types of development on which the fees are to be imposed, and that there is a reasonable relationship between the need for the facilities described in Table 3 of the report and the types of development on which the fees are imposed, i.e., single family, multiple family, commercial, office, industrial, and other uses. The method of allocation of the fee schedule in Exhibit "A" to a particular development within a class, bears a fair and reasonable relationship to each development's burden on, and benefit from the regional transportation improvements to be funded by the fees.

(Z) There is a reasonable relationship between the fee's use and the type of development projects on which the fees are imposed, in that the types of development subject to the fees will generate additional traffic which will place additional demand on the regional transportation system. The additional traffic generated by the development projects will result in a need to expand, extend, or improve existing transportation facilities and a need to construct new facilities to mitigate the adverse traffic effects that would otherwise result from such development. Construction of the improvements specified in the report will result in improved traffic flow, reduced congestion and noise, and improved safety and air quality in the study area.

(AA) The fees collected pursuant to the adopted ordinances or resolutions of the member agencies will be used for transportation improvements that will mitigate impacts and reduce traffic congestion and delays, and improve noise, safety and air quality through the regional area, and the City Council finds that there is a reasonable relationship between the use of the RTDIM Fees (transportation improvements) and the type of development projects upon which the fees are imposed.

(BB) The City Council determines that the adoption of the RTDIM Fees resolution is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273(a)(4) of the CEQA Guidelines because the fees collected from this action will be used for transportation infrastructure necessary to maintain an acceptable level of service within existing service areas. Once sufficient funds are collected and prior to approval of the final alignment and configuration of the individual transportation improvement projects, ECCRFFA or the affected member agencies must comply with CEQA.

(Ord. 1054-C-S, passed 8-9-05)

(A) The report and the referenced publications contain sufficient information for the Council to make the above findings, and the Council declares that it has relied thereon in reaching its conclusions and recommendations set forth herein.

(B) After considering the studies and analyses prepared by ECCRFFA's consultants and staff as reflected in the report, together with the testimony received at the public hearing, the City Council approves and adopts said report as the final report, and incorporates the report by reference and makes it a part of this chapter. The final report is ordered to be kept on file with the City Clerk.

(C) The RTDIM fees collected shall be used exclusively for the projects listed in Table 3 of the Report.

(D) If any developer pays transportation impact mitigation fees to a member agency for the ECTIA program or other regional projects identified in the

report for a development project in the city there shall be a credit, so long as the member agency transfers the collected fees to the Treasurer of ECCRFFA or ECTIA. The credit shall be an amount equal to the fees paid for the ECTIA program or other project covered by the report.

(E) The RTDIM Fees are fees imposed upon new development projects, as defined and authorized by the Mitigation Fee Act, California Government Code Sections 66000 et seq., and accordingly are not governed by the provisions of California Constitution Article XIIID. The fees are as established in the following table.

ECCRFFA FEE SCHEDULE

(Ord. 1054-C-S, passed 8-9-05)

The following terms contained in this chapter and the fee schedule shall have the following meanings:

COMMERCIAL. Any development constructed or to be constructed on land having a General Plan designation or zoning designation for facilities for the purchase or sale of commodities or services and/or the sales, servicing, installation, or repair of such commodities or services and other space uses incidental to these activities. Commercial land uses include, but are not limited to: apparel and clothing stores, auto dealers and malls, auto accessories stores, banks and savings and loans, and credit unions, beauty salons, book stores, discount stores and centers, dry cleaners, drug stores, eating and drinking establishments, furniture stores and outlets, general merchandise stores, hardware stores, home furnishings and improvement centers, hotels and motels, laundromats, liquor stores, restaurants, service stations, shopping centers, supermarkets and theaters.

DEVELOPMENT. The construction, alteration or addition, other than by the city or other exempt governmental agency, of any building or structure within the city.

FEE. The charge or charges imposed on development to fund the improvements to ensure that such development pays its fair share of improvement needs generated by such development pursuant to this chapter and applicable law.

IMPROVEMENTS. Includes the 26 regional transportation improvements identified in the report. IMPROVEMENTS shall also include comparable alternative improvements should later changes in projections of development in the region necessitate construction of such alternative improvements; provided that the City Council later determines in accordance with applicable law:

(1) That there is a reasonable relationship between development within the city and the need for alternative improvements; and

(2) That the alternative improvements are comparable to the improvements listed in the report; and that revenues from the RTDM Fee will be used only to pay new development's fair and proportionate share of the alternative improvements.

INDUSTRIAL. Any development constructed or to be constructed on land having a General Plan land use or zoning designation for the manufacture, production, assembly or processing of consumer goods and/or other space uses incidental to these activities. Industrial uses include, but are not limited to: assembly, concrete and asphalt batching plants, contractors' storage yards, fabrication, lumber yards, manufacturing, outdoor service yards, printing, processing, warehouse and distribution, and wholesale and heavy commercial uses.

MULTIPLE FAMILY RESIDENTIAL. Any apartment, condominium, duplex, town house, mobile home park or similar use.

OFFICE. Any development constructed or to be constructed on land having a General Plan land use or zoning designation for general business offices, medical or professional offices, administrative or headquarter offices, offices for large wholesaling or manufacturing operations, research and/or development, and other space uses incidental to these activities. Office land uses include, but are not limited to: administrative headquarters, business parks, finance offices, insurance offices, legal offices, medical and health services offices, professional and administrative offices, professional associations, real estate offices, research and/or development offices and travel agencies.

SINGLE FAMILY RESIDENTIAL. One detached living unit per parcel.

(Ord. 1058-C-S, passed 10-11-05)

The fee for single-family and multiple-family subdivision development for which tentative or parcel maps are required pursuant to the subdivision map act shall be imposed at the time of approval of the conditions that apply to the tentative or parcel map for such residential subdivision development, as applicable. Payment of the fee shall be deemed to be a condition of such tentative or parcel maps. Notwithstanding this section, the time for payment of the fee for all development, including single-family and multiple-family subdivisions, shall be as specified in § 3-9.05.

(Ord. 1058-C-S, passed 10-11-05)

(A) The applicable RTDIM fee shall be determined on the basis of the fee schedule in effect at the time of the building permit, or other applicable permit, is issued. If no permit is required, then the fees are payable in the amounts in effect at the commencement of the project. The Building Official or other official designated by the City Manager shall determine the amount of the fee in accordance with standards set forth in this chapter.

(B) No building permit shall be issued for property within the city unless the RTDIM fee for that property is paid as required by this chapter.

(C) The RDTIM fees shall also be paid as a condition of an extension or renewal of a building permit issued after the passage of this chapter if a fee has not been previously paid.

(Ord. 1058-C-S, passed 10-11-05)

The RTDIM fee shall not be imposed in the following instances:

(A) The fee shall not be required of any project involving replacement of existing structures destroyed by fire or other natural disaster project or to rehabilitation of existing structures where the total cost of the work undertaken is less than 50% of the value of the existing structure at the time of the fire or natural disaster.

(B) Any alteration of addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi-family residential unit.

(Ord. 1058-C-S, passed 10-11-05)

(A) The revenues raised by payment of the fee shall be placed in a separate, interest-bearing account to permit accounting for such revenues and the interest that they generate until such time as the fees are remitted to ECCRFFA.

(B) Fees paid pursuant to this chapter shall be remitted monthly to the East Contra Costa Regional Fee and Financing Authority, to be placed in a fund to be used solely for the purposes and projects as described below. Any interest accumulated on such funds shall also be used only for said purposes and projects.

(1) To pay for acquisition/construction of the improvements;

(2) To pay for design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the improvements;

(3) To reimburse ECCRFFA for the improvements constructed by ECCRFFA with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the improvements;

(4) To reimburse developers that have designed and constructed a usable portion of any of the improvements with prior city and/or ECCRFFA approval and have entered into an agreement;

(5) To pay for and/or reimburse costs of program development and ongoing administration of the fee program, including, but not limited to, the cost of studies, legal costs and other costs of updating the fee.

(Ord. 1058-C-S, passed 10-11-05)

The City Manager or his or her designee shall prepare annually a report for the City Council pursuant to Government Code § 66006.

(Ord. 1058-C-S, passed 10-11-05)