Bakersfield Municipal Code Ch. 15.84 Transportation Impact Fee

Sections: 15.84.010 Short title. 15.84.020 Purpose. 15.84.030 Definitions. 15.84.040 Imposition of transportation impact fee. 15.84.050 Computation of transportation impact fee. 15.84.060 Payment of fee. 15.84.070 Use of funds. 15.84.080 Refund of fee paid. 15.84.090 Exemptions and credits. 15.84.100 Appeal.

This chapter shall be known and may be cited as the Transportation Impact Fee Ordinance. (Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

A. This chapter is intended to implement and be consistent with the most recent update of the Metropolitan Bakersfield General Plan.

B. The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide a regional transportation system consistent with the Circulation Element of the Metropolitan Bakersfield General Plan. (Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

“Administrator” means the city public works director or designee.

“Building permit” means an official document or official certification which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure within the Metropolitan Bakersfield General Plan Area. In the case of a change in use or occupancy of an existing building or structure, the term shall specifically include certificates of occupancy, as those terms are defined in the California Building Code as may be adopted by the city council.

“Capital improvements” means transportation, planning, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any transportation facility projects including, but not limited to:

1. Construction of new through lanes;

2. Construction of new turn lanes;

3. Construction of new frontage or access roads;

4. Construction of new bridges and widening;

5. Construction of new drainage facilities in conjunction with new roadway construction;

6. Purchase and installation of traffic signalization (including both new and upgrading signalization);

7. Construction of curbs, medians and shoulders in conjunction with new roadway construction;

8. Relocating utilities to accommodate new roadway construction;

9. Other capacity increasing improvements, such as transportation systems measures.

“Construction Cost Index” means the ENR Annual Construction Cost Index (Los Angeles) as published by Engineering News Record, McGraw-Hill Cos.

“Expansion of the capacity of a road” means all road and intersection enhancements and includes, but is not limited to, extensions, widening intersection improvements, upgrading signalization and improving pavement conditions.

“Fee payer” means a person commencing a land development activity which generates or attracts traffic and who is applying to the city for the issuance of a building permit for a type of land development activity specified in the current resolution adopting the transportation impact fee schedule, regardless if the fee payer owns the land which is to be developed.

“Land development activity generating traffic” means any change in land use, or any construction or expansion of buildings or structures, or any change in the use of any building or structure that attracts or produces vehicular trips as determined by the administrator.

“Level of service (LOS)” means a qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver, safety, driving comfort and convenience and operation costs provided by a highway facility under a particular volume condition as set forth in the 1985 (or current edition) Highway Capacity Manual.

“Major residential facilities” means only multi-family complexes consisting of ten or more individual units constructed under one permit.

“Regional Transportation Facilities List” means those projects in the Metropolitan Bakersfield General Plan area which are included in the adopted Capital Improvement Plan annually updated by the city council. These facilities constitute some of the regional facilities needed to maintain a LOS C or prevent the degradation of roads which are currently below LOS C as shown in the Metropolitan Bakersfield General Plan—Circulation Element.

“Site-related improvements” means capital improvements and right-of-way dedications for direct access improvements to the development in question. Direct access improvements include, but are not limited to, the following:

1. Site driveways and roads;

2. Median cuts made necessary by those driveways or roads;

3. Right turn, left turn, and deceleration or acceleration lanes leading to or from those driveways or roads;

4. Traffic control measures for those driveways or roads;

5. Access or frontage roads not identified on Regional Transportation Facilities List.*

“Transportation impact fee schedule” means the schedule of fees imposed on various land use types which is annually adopted by resolution of the city council. This fee schedule contains the fee per living unit for residential land use types and the fee per trip for nonresidential land use types. (Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

• Editor’s Note: The Regional Transportation Facilities List, referred to herein, has not been codified but may be found in the office of the city clerk attached to Ordinance No. 3429.

A. Except as provided in Section 15.84.090 of this chapter, any person who applies to the city for the issuance of a building permit to make an improvement to land for one of the uses which is specified in the current resolution adopting the transportation impact fee schedule, and which will generate or attract additional traffic, shall be required to pay a transportation impact fee in a manner and amount set forth in this chapter provided that the land development activity is consistent with the designations of the Metropolitan Bakersfield General Plan.

B. In the case of structures, mobile homes, or recreational vehicles which are moved from one location to another, a transportation impact fee shall be collected for the new location if the structure, mobile home or recreational vehicle is a type of land development listed in the current resolution adopting the transportation impact fee schedule, regardless of whether transportation impact fees have been paid at the old location, unless the use at the new location is a replacement of an equivalent use at the new location. If the structure or mobile home so moved is replaced by an equivalent use within five years, no transportation impact fee shall be assessed the replacement use. If replaced within ten years, fifty percent of the otherwise applicable fee shall be paid. If replaced after ten years, one hundred percent of the otherwise applicable fee shall be paid. In every case, the burden of establishing past payment of transportation impact fee or equivalency of use rests with the fee payer.

C. Nothing in this chapter shall exempt land development from the requirements of the site plan review policy regarding major retail projects adopted by City Council Resolution No. 111-83.

D. In the event of development that necessitates a general plan amendment, the transportation impact fee shall be as established in subsection A. Any additional local mitigation measures or fees for facilities (not provided for in the facilities list and therefore not a part of the transportation impact fee) shall be established by independent study which shall be based on the actual impacts of said development. The independent study shall measure the impact of the development in question on the road system by following the prescribed methodologies and formats for the study established by the administrator. Any local mitigation fees shall be adjusted annually by the annual Construction Cost Index.

E. Each fiscal year, the administrator shall present to the city council a proposed fee schedule as defined in Section 15.84.030. The fee schedule shall be adjusted annually by the annual Construction Cost Index. Also, the fee schedule shall be evaluated to account for changes in the Regional Transportation Facilities List, changes in cost estimates for the various projects on the list, and any other item which would change new developments proportionate share of the cost of the Regional Transportation Facilities List. This fee schedule shall be adopted by a resolution of the city council following a noticed public hearing. (Ord. 4532 § 1, 2008; Ord. 4150 § 1, 2003; Ord. 4069 § 1, 2002; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

A. The following rules shall govern the computation of the fee:

1. The reference in the schedule to square feet refers to the gross square footage of each floor of a building
measured to the exterior walls, and not usable, interior, rentable, noncommon or other forms of net square
footage.

2. When more than one land use type is proposed within the same structure (i.e., an office as part of an
industrial complex), each land use type will be calculated separately and the total of the various uses will be
assessed.

3. If the type of development activity for which a building permit is applied is not clearly specified on the
current fee schedule as adopted by resolution, the administrator shall use the fee applicable to the most
nearly comparable type of land use on the above referenced fee schedule. The administrator shall be guided
in the selection of a comparable type by the report titled “Trip Generation: An Information Report,” Institute of
Transportation Engineers (latest edition). If the administrator determines that there is no comparable type of
land use on the above fee schedule, then the administrator shall determine the fee by:

a. Using traffic generation statistics from the above-named sources; and

b. Applying the formula set forth in subsection B of this section.

4. When a change of use, redevelopment or modification of an existing use requires the issuance of a
building permit, the transportation impact fee shall be based upon the net increase in the impact fee for the

new use as compared to the previous use. However, should the change of use, redevelopment or modification result in a net decrease, no refunds or credits for past transportation impact fees paid shall be made or credited. The administrator shall follow the same procedure to determine “increase” as is outlined above for a determination “increase” as is outlined above for a determination of “comparable use.”

B. The transportation impact fee for residential uses shall be as specified in the current resolution adopting the transportation impact fee schedule. The computation of nonresidential fee will utilize the following formula:

Transportation Impact Fee = ADT x Units x Fee per Unit where the ADT is Average Daily Traffic per one thousand square feet, acre or unit listed; “Units” is the land use rate (number of one thousand square feet, number of acres, number of units); and “Fee per Unit” is the established fee for each Unit proposed. The established “Fee per Unit” to be used in computing the required fee is specified in the current resolution adopting the transportation impact fee schedule.

C. Where there is any question regarding the land use and corresponding ADTs, the administrator shall make the determination regarding the appropriate ADT. (Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

A. For all projects, the fee payer shall pay the transportation impact fee required by this chapter and any required local mitigation fee to the appropriate city department, as determined by the administrator, at the time of issuance of a building permit.

B. In lieu of cash, the transportation impact fee may be paid by the use of credits which are created in accordance with the provisions of Section 15.84.090 of this chapter.

C. All funds collected pursuant to this ordinance shall be deposited into the appropriate transportation impact fee trust fund and used solely for the purposes specified in this chapter. (Ord. 4532 § 1, 2008; Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

A. Funds collected from transportation impact fees shall be used for the purpose of capital improvements to transportation facilities associated with the “Regional Transportation Facilities List.” Such improvements shall be of the type as are made necessary by the new development. No funds shall be used for periodic or routine maintenance. Funds shall be used exclusively for capital improvements within the city or for projects outside the city but within the Bakersfield Metropolitan General Plan area which are a direct benefit to the city.

B. In the event that bonds or similar debt instruments are issued for advanced provision of road capital improvements for which transportation impact fee may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection A above.

C. Each fiscal year, the administrator shall present to the city council a proposed update to the capital improvement plan for road construction projects as set forth in Section 15.84.030(C). Such plan shall indicate the approximate location, size, time of availability and estimates of cost for all improvements to be financed with transportation impact fees. Such plan shall be updated by the city council at a noticed public hearing as required by Government Code Section 66002. (Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

Any funds not expended or encumbered by the end of the calendar quarter immediately following five years from the date the transportation impact fee was paid shall be refunded to the then current owner or owners of lots or units of the development project or projects on a prorated basis, pursuant to the provisions of Government Code Section 66001. (Ord. 4532 § 1, 2008; Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

A. The following shall be exempted from payment of the transportation impact fee if claimed at the time of application for a building permit:

1. Alterations or expansion of an existing building or use of land where no additional living units will be
produced over and above those in the existing use of the property, the use is not changed, and where no
additional vehicular trips will be produced over and above those produced by the existing use.

2. Construction of accessory buildings or structures which will not produce additional vehicular trips over
and above those produced by the principal building or use of the land.

3. The replacement of a lawfully permitted building, mobile home or structure, the building permit for
which was issued on or before the effective date of the ordinance codified in this chapter or the replacement
of a building, mobile home, or structure that was constructed subsequent thereto and for which the correct
transportation impact fee, which was owed at the time the building permit was issued, was paid or otherwise
provided for, with a new building, mobile home, or structure of the same use and at the same location,
provided that no additional vehicular trips will be produced over and above those produced by the original
use of the land.

4. A building permit for which the transportation impact fee thereof has been or will be paid or otherwise
provided for pursuant to a written agreement, zoning approval or development agreement which, by the
written terms thereof, clearly and unequivocally was intended to provide for the full mitigation of such impact
by enforcement of the agreement, zoning approval or development order, and not by the application of this
chapter.

5. A building permit which does not result in any additional generation or attraction of traffic as determined
by the administrator.

B. Transportation fee credits may be granted under the following procedures and when proper claims are made at the time of application for a building permit.

1. Credit requests for construction of any facility included in the Regional Transportation Facilities List
require:

a. A project description in sufficient detail; and

b. A complete cost estimate consistent with the unit costs established by the Regional Transportation
Facilities List; and

c. Any additional support data required to permit the administrator to evaluate the request.

2. Credit requests for land dedication included in the Regional Transportation Facilities List require:

a. A deed to convey title to the appropriate governmental body; and

b. A title report prepared within sixty days of submission thereof; and

c. A complete cost estimate consistent with the unit costs for rights-of-way established by the Regional Transportation Facilities List.

3. Notwithstanding the above, no credit for rights-of-way shall be granted unless said rights-of-way are
specifically included in the Regional Transportation Impact Facility List or, when a part of a city capital project
(i.e., eminent domain or rights-of-way negotiation).

4. Notwithstanding the above, no credit shall be given for local roads or payments to special assessment or
taxing districts.

5. Determination of whether a capital improvement will be approved for credit purposes lies exclusively
with the administrator, unless the improvement is required under state or city development approval, in
which case credits shall be given to the extent required by law.

C. Credits granted under this section shall not exceed the actual documented costs, or, the facility’s Regional Transportation Facilities List total cost, whichever is less.

D. Unless provided for pursuant to a city approved transportation impact fee credit agreement, credits for construction shall be created when the construction is completed and accepted by the appropriate governmental body for maintenance, credits for land dedication shall be created when title to said land has been accepted by the city, and the total credit granted for any one development shall not exceed the total transportation impact fees attributable to that same development. (Ord. 4150 § 1, 2003; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

Any decision made by the city administrator in the course of administering this chapter may be appealed to the city council by filing a written notice of appeal with the city clerk. The written notice of appeal shall set forth the grounds of the appeal and shall be filed within ten calendar days after the decision of the city administrator. The cost to file a notice of appeal with the city clerk shall be as set forth in Chapter 3.70 of the Bakersfield Municipal Code. The city council may, upon said hearing, sustain, modify, reject or overrule the decision of the city administrator, which decision shall be final and conclusive. (Ord. 4150 § 1, 2003; Ord. 4085 § 1, 2002; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)

The Bakersfield Municipal Code is current through Ordinance 5214, passed April 8, 2026.

Disclaimer: The city clerk has the official version of the Bakersfield Municipal Code. Users should contact the city clerk for ordinances passed subsequent to the ordinance cited above.

City Website: www.bakersfieldcity.us City Telephone: (661) 326-3000

Hosted by General Code.