Chapter 12.28 — TRAFFIC SIGNALIZATION DEVELOPMENT FEE

For the purpose of this chapter, the following definitions shall apply, except where the context clearly indicates a different meaning:

Developer means any person, firm, property owner, or entity receiving approval from the city for a new development.

New development means any addition, extension, conversion, or enlargement of an existing structure, or any new construction requiring a building permit.

(Code 1969, § 12.28.010; Ord. No. 605, § 1(part), 1989)

Whenever this chapter refers to the infrastructure element of the general plan or to the circulation or flood control provisions thereof it shall mean the infrastructure element of the general plan and the circulation and flood control provisions thereof heretofore adopted by the city pursuant to chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted.

(Code 1969, § 12.28.020; Ord. No. 605, § 1(part), 1989)

(a)

The city council finds and determines that the adoption of a Lenwood Specific Plan (a component of the city general plan) traffic signalization development fee ordinance will raise revenues sufficient to enable the city to provide for the construction of traffic signalization improvements to accommodate the needs generated by the development of land within the subject area particularly described as follows:

Commencing at the west ¼ corner of Section 17 Township 9 North, Range 2 West S.B.B. & M., thence easterly to the east ¼ corner of Section 16 Township 9 North, Range 2 West, thence southerly to the south ¼ corner of Section 16 Township 9 North, Range 2 West, thence easterly to the northeast corner of Section 21 Township 9 North, Range 2 West, thence southerly to the east ¼ corner of Section 21 Township 9 North, Range 2 West, thence easterly to the center of Section 22 Township 9 North, Range 2 West, thence southerly along a continuous line to the south ¼ corner of Section 27 Township 9 North, Range 2 West, thence westerly to the southwest corner of Section 28 Township 9 North, Range 2 West, thence northerly along a continuous line to the northwest corner of Section 21 Township 9 North, Range 2 West, thence westerly to the southwest corner of Section 17 Township 9 North, Range 2 West in the City of Barstow, County of San Bernardino, state of California.

(b)

The city council finds, as determined in the Lenwood Specific Plan on file in the office of the city planner, that new development within the subject area will impact upon the need for traffic signalization.

(c)

The city council finds and declares that the ordinance codified in this chapter contains a fair and equitable method of determining the extent to which a property would be benefited and establishes a fair and equitable method for distribution of costs for subject area median improvements.

(d)

The city council finds and declares that the Lenwood Specific Plan traffic signalization improvements are needed in order to further implement the general plan of the city and further the health, safety and welfare

of the city.

(Code 1969, § 12.28.030; Ord. No. 605, § 1(part), 1989)

(a)

In order to better provide traffic signals to the subject area, the city must impose a fee. This fee shall be known as the Lenwood Specific Plan traffic signalization development fee.

(b)

The purpose of this chapter is to require developers of property in the subject area to pay a fee which is related directly to the incremental financial burden imposed upon the city by capital outlay for construction of the traffic signal improvements described in the Lenwood Specific Plan.

(c)

The traffic signalization development fee is the most practical and equitable method of financing the construction of said signal facilities. This fee is intended to recover all costs incurred by the city in providing for subject signal facilities.

(d)

This fee is imposed on development projects within the Lenwood Specific Plan for the construction of traffic signals and traffic control devices at signalized intersections. These signalized intersections are shown in Figure 5 of the Lenwood Specific Plan.

(e)

Traffic volumes generated by future development projects should be shared equally among project proponents in the subject area. It is inequitable to impose the burden of traffic signals on only those projects located at intersections or on property adjacent to the intersections, since traffic is generated by all development projects within the subject area and said traffic uses the entire length of the Lenwood Road and will use many of the local and collector streets within the area.

(f)

The cost of these facilities has been computed by Cotton-Beland Associates and Parsons Brinkerhoff, Quade and Douglas, consultants to the city, and is contained within section 2.6 of the Lenwood Specific Plan.

(Code 1969, § 12.28.040; Ord. No. 605, § 1(part), 1989)

(a)

Each developer of a new development located in the subject area shall pay to the city as a condition precedent to the issuance of any certificate of occupancy for such new development, a traffic signalization development fee.

(b)

Such development fee shall be calculated on the basis of acre. Said fee shall include annual adjustments to offset inflationary conditions. The annual adjustment shall be made in conformance with the annual change in the California Construction Cost Index, as published by the state business and transportation agency. Further, such annual adjustments shall be made on July 1 of each year.

(c)

The city engineer shall determine actual charges in accordance with the following:

Number of acres × $312.50 × annual adjustment = fee.

(d)

If a developer elects to provide for any portion of the signal facilities described in the plan at said developer's expense, such expense shall be credited against the traffic signalization development fee. Such credits shall be determined by the city. In the event the developer's expense exceeds the development fee for such development, the city may, at its option, enter into a reimbursement agreement with developer for the excess costs.

(Code 1969, § 12.28.050; Ord. No. 605, § 1(part), 1989)

The sums derived from the collection of the traffic signalization development fee shall be held in trust by the treasurer of the city and shall be distributed according to the fiscal and budgetary provisions of the city and subject to the following conditions and limitations. The proceeds from the development fee, including earnings from investments thereof, shall be used only for the payment of expenses related to the construction of signal facilities and appurtenances described in the plan. Such expense shall include the payment or repayment of design, construction, and/or administrative expenses related thereto.

(Code 1969, § 12.28.060; Ord. No. 605, § 1(part), 1989)