Calaveras County Municipal Code Ch. 12.10 Road Impact Mitigation Fee Program

This chapter shall be known as the Calaveras County road impact mitigation fee program ordinance.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

Substantial population and employment growth is expected in Calaveras County through 2025 and beyond. This growth will cause impacts on the regional transportation network ("regional transportation network" including increased congestion, accident rates, and related impacts unless substantial improvements are completed. The road impact mitigation fee program ("RIM fee program") is intended to provide funding for transportation improvements that mitigate these impacts. All new development as shown on the road impact mitigation fee schedule adopted by the board of supervisors will be subject to the fee which will be in proportion to the impact caused on the regional transportation network by such new development as may be determined by the board of supervisors in accordance with this chapter. The funding derived from the RIM fee program shall be used in combination with other funding available to regional planning entities to complete the needed transportation improvements.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

A. The board of supervisors finds that future development within the unincorporated area of Calaveras County will result in traffic volumes exceeding the capacity of the existing regional network of highways and arterials identified within the regional transportation network. A map depicting the boundaries of Calaveras County and identifying the existing regional transportation network is set forth in Figure A.

B. The board of supervisors finds that if the capacity of the regional transportation network is not improved, the result will be substantial traffic congestion in all parts of the unincorporated area of Calaveras County, with unacceptable levels of service by 2025. Reduced transportation service levels will result in traffic congestion and related impacts upon air quality, economic development, and quality of life.

C. The board of supervisors finds, that absent a RIM fee program, existing funding sources, including federal, state, and local sources, will be inadequate to construct the regional transportation network needed to avoid the unacceptable levels of traffic congestion and related adverse impacts.

D. The county is a member agency of the Calaveras council of governments (CCOG), a joint powers agency consisting of the county of Calaveras and one city situated in Calaveras County. Acting together, the member agencies of CCOG developed the RIM fee program whereby the shortfall in funds needed to expand the capacity of the regional transportation network could be made up in part by a road impact mitigation fee ("RIM fee") on future development. As a member agency of CCOG, the county participated in the preparation of the "Calaveras County Road Impact Mitigation Fee Nexus Study," finalized April 28, 2004, and prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act (the "RIM fee nexus study").

E. The board of supervisors has reviewed the RIM fee nexus study, and finds that future development within the unincorporated areas of the county will substantially adversely affect the regional transportation network, and that unless such development contributes to the cost of improving the regional transportation network, the regional transportation network will operate at unacceptable levels of service. Adoption of a road impact mitigation fee program, which establishes a RIM fee, and related cooperation with CCOG to fund regional transportation improvements will be augmented by other funding sources and help assure that needed improvements to the regional transportation network are completed.

F. The board of supervisors finds and determines that the failure to mitigate growing traffic impacts on the regional transportation network within Calaveras County will substantially impair the ability of public safety services, including police and fire, to respond; increase accident rates; reduce air quality; and negatively affect economic development and the overall quality of life in the region. As a result, the failure to mitigate impacts on the regional transportation network will adversely affect the public health, safety and welfare.

G. The board of supervisors finds and determines that there is a reasonable and rational relationship between the use of the RIM fees and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the users of the development projects on which the RIM fee will be levied, as shown on the road impact mitigation fee schedule.

H. The board of supervisors finds and determines that there is a reasonable and rational relationship between the need for the improvements to the regional transportation network and the type of development projects on which the RIM fee is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the regional transportation network. Such development will benefit from the regional transportation network improvements and the burden of such development will be mitigated in part by the payment of the RIM fees.

I. The board of supervisors finds and determines that the cost estimates set forth in the RIM fee nexus study are reasonable cost estimates for constructing the identified regional transportation network improvements and projects ("RIM fee capital projects" or "capital projects") and that the amount of the RIM fee expected to be generated by new development will not exceed the total fair share cost to such development.

J. The fees collected pursuant to the ordinance codified in this chapter shall be used to help pay for the construction and/or acquisition of the regional transportation network improvements identified in the RIM fee nexus study in the RIM fee cost estimate summary or RIM fee capital projects. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements.

K. By notice duly given and published, the board of supervisors set the time and place for a public hearing on the RIM fee nexus study and the RIM fees proposed thereunder, and at least ten days prior to the hearing, the county made the RIM fee nexus study available to the public.

L. At the time and place set for the public hearing, the board of supervisors duly considered that data and information provided by the public relative to the cost of the services for which the RIM fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing.

M. The board of supervisors finds that the RIM fee nexus study establishes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the regional transportation network.

N. The board of supervisors adopts the RIM fee nexus study.

O. The board of supervisors finds that the fee imposed on new development is proportional to the impact of that development on the regional transportation network.

P. The board of supervisors finds that the RIM fees collected will be deposited in an account that is established and may be appropriated for the purpose of constructing the capital projects.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

For the purpose of the ordinance codified in this chapter, the following words, terms and phrases shall have the following meanings:

"Building permit" means the permit issued or required by the county for the construction, improvement, reconstruction or remodeling of any structure pursuant to and as required by Chapter 15.04 of the Calaveras County code.

"Development" or "development project" or "project" means any project undertaken for the purpose of development including but not limited to the issuance of a permit for the uses to which the land shall be put, the buildings to be constructed on it and all of the alterations of land and construction incident thereto. The term "development" or "development project" or "project" shall also include the erection of mobile homes and/or manufactured buildings and building structures moved into the county.

"Dwelling, single-family" means a detached building designed for or occupied exclusively by one family. Single-family dwellings are also referred to in this chapter as single-family residences.

"Dwelling unit" means one or more habitable rooms that are occupied or that are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, eating, and sanitation. Dwelling units may be conventionally built or manufactured homes.

"Mobile home" means HUD standard manufactured housing, or a nonpermanent shelter, as defined in the vehicle code, that is more than eight feet wide and forty feet long.

"Multi-family residential unit" means a development project that is a group (two or more) of attached dwelling units within one structure.

"Road impact mitigation program fee" or "RIM fee" means the fee established pursuant to this chapter as set forth in the road impact mitigation fee schedule.

"Regional transportation network" means the system of highways and arterials including state highways, regional county roads and local roads of regional significance as identified in exhibit "A" attached to the ordinance codified in this chapter and incorporated herein by reference, as may be amended from time to time by the board of supervisors.

"RIM fee capital projects" or "capital projects" or "RIM fee project list" are the RIM fee program improvements and projects as identified in the RIM fee nexus study in Table 5 and which may be amended from time to time by the board of supervisor's adoption and amendment of a "RIM fee capital projects report."

"RIM fee nexus study" means the "Calaveras County road impact mitigation fee nexus study" finalized April 28, 2004, and prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act.

"Residential dwelling unit" means a building or portion thereof which is designed primarily for residential occupancy by one family, including single-family, duplex and multi-family dwellings. "Residential dwelling unit" shall not include hotels or motels.

"Single-family residential unit" means the use of a parcel for only one residential dwelling unit.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

A. The amount of the RIM fee for development projects shall be consistent with the provisions of the ordinance codified in this chapter and the RIM fee nexus study and shall be established and amended from time to time by a resolution of the board of supervisors.

B. The following shall apply to the RIM fee:

1. The RIM fee may be adjusted by resolution of the board of supervisors on an annual basis at the beginning of each fiscal year (July 1) based on the Engineering News Record Construction Cost Index.

2. The RIM fee amount includes a charge of up to two percent of the calculated amount to cover ongoing administrative costs of implementing and maintaining the RIM fee program including annual reporting, public hearing noticing, program accounting, processing applications and reviewing applicant traffic data analyses and studies to calculate permit fees.

3. The following expenditures will be charged directly to the RIM fee program: all direct and indirect costs incurred by the county to construct transportation improvements, including the cost of land and right-of-way acquisition, CEQA planning, legal and expert advice, engineering, design, construction, and project construction management including project cost accounting.

4. The RIM fees shall be reviewed and adjusted by the board of supervisors, at a minimum of every five years following enactment of the RIM fee program to reflect projected local or new funding sources, and to reflect changes in actual and estimated costs of the regional transportation system capital projects including, but not limited to, debt service, lease payments and construction costs.

C. In the event that RIM fees have previously been paid for an existing building which is a new development project due to a new or different use or development project, the previously paid RIM fees for that existing building shall be credited against the amount of the RIM fee attributable to the new development project, up to the amount of the previously paid RIM fee.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

A. A report shall be prepared by the county regarding the road impact mitigation fee program for the fifth fiscal year following the first deposit into the RIM fee program or fund, and every five years thereafter, which is consistent with the requirements of the Fee Mitigation Act (Gov. Code Sections 66000 et. seq.) which includes, but is not limited to, the following information:

1. Identifies the purpose (project need) to which the fee is to be put;

2. Demonstrates a reasonable relationship between the fee and the purpose for which it is charged;

3. Identifies all sources and amounts of funding anticipated to complete financing of necessary future improvements;

4. Commits RIM fee program funds to RIM fee capital projects and indicates that such funds are expended or reimbursed within the time periods established by the Fee Mitigation Act (Gov. Code Sections 66000 et seq.) requirements; and

5. Identifies the RIM fee capital projects to be constructed, the estimated costs of the RIM fee capital projects, the costs to be funded by the RIM fee program revenue, and the availability or lack thereof of other funds with which to construct the regional transportation system.

B. From time to time, and at a minimum annually, the county shall review the RIM fee capital projects to add, modify, or remove RIM fee capital projects. Any new projects recommended for listing as a RIM fee capital project must be consistent with the requirements of the Mitigation Fee Act (Gov. Code Sections 66000 et seq.) criteria for establishing a rational nexus. In addition, new projects must meet all of the following criteria:

1. All new projects must be part of the regional transportation network;

2. All RIM fee capital projects will be scheduled for construction as sufficient funding becomes available and the project priority list will be developed by the county and approved by the board of supervisors;

3. The need for all new projects is partly attributable to the travel demand created by new growth and the RIM fee will fund only the percentage of the cost of the project priority list that is attributable to new development.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

Except as otherwise expressly provided by this chapter, the RIM fee required hereunder shall be payable by:

1. All development projects within the county for which applications for building permits or other entitlements for development projects are made on or after the effective date of the ordinance codified in this chapter; and

2. All development projects within the county for which building permits or other entitlements for development projects were issued prior to the effective date of the ordinance codified in this chapter and which permits or entitlements were issued subject to a condition requiring the developer to pay a RIM fee and as imposed upon all new development within the county as set forth in the road impact mitigation fee schedule adopted by the board of supervisors.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

The following development projects shall be exempt from the RIM fee:

A. Any internal or external alterations or expansions of an existing building subject to the fee or use of land where no additional dwelling 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.

B. Any replacement or reconstruction of any structure subject to this fee that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity or act of God. Any nonresidential building replaced or reconstructed shall be exempt only if it is built not to exceed the documented total floor area or use existing at the time of its destruction. Residential construction is exempt even if it exceeds the documented total floor area existing at the time of its destruction, provided such construction does not increase the number of dwelling units.

C. Residential accessory structures, but not accessory dwellings, as defined by Title 17 of the Calaveras County code.

D. An agricultural building that is designed and constructed for storage, provided there is no use for human habitation or occupancy.

E. Any temporary structure as defined in Title 17 of the Calaveras County code.

F. Development projects which are the subject of a development agreement, including any extensions thereof whenever made, entered into pursuant to Government Code Section 65864 et seq. prior to the effective date of the ordinance codified in this chapter, wherein the imposition of new fees are expressly prohibited by the agreement.

H. Affordable housing, including low and very low income housing as defined by state and federal regulations.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

A. Reimbursements. In the event that RIM fee capital projects are constructed by a developer in excess of the development project's RIM fee obligation or in lieu of payment of RIM fees by a developer pursuant to an agreement between the developer and the county, the developer may be reimbursed for any costs based on the actual costs of construction of the RIM fee capital project incurred by the developer in excess of the amount the RIM fees that apply to the development project. Reimbursements shall be enacted pursuant to an agreement between the developer and the county contingent on payment of funds when available for reimbursement to the developer. In all cases, however, reimbursements to developers pursuant to any agreement must be consistent with construction of the transportation improvements as scheduled in the RIM fee capital projects report and based upon sufficient documentation supporting the construction costs as reviewed and approved by the county and the availability of funds collected through the program.

B. Credits. RIM fee capital projects constructed by a developer may be credited toward the RIM fee in accordance with the following:

1. Arterial Credits. If a developer constructs arterial improvements identified on the regional transportation network, the developer shall receive credit for the costs associated with the arterial component based on approved unit cost assumptions for the regional transportation network. The credits will be allowed for items that exceed standard requirements for road improvements, and any additional construction not adjacent to the development excluding required road improvement transitions.

2. Other Credits. In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by the county.

3. The amount of the credit shall not exceed the actual costs of construction of the RIM fee capital project.

4. If there is a recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against the RIM fee.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

A. Authority of the Administrator. The board of supervisors shall, by resolution, designate the RIM fee program administrator. The administrator, or his/her designee, is hereby authorized to levy and collect the RIM fee and make all determinations required by the ordinance codified herein.

B. Payment of RIM fees shall be as follows:

1. The RIM fee program fees shall be paid no later than the date of issuance of the building permit or issuance of other grant of entitlement for development that has a traffic impact but does not require a building permit.

2. The amount of the RIM fees shall be the fee amounts in effect at the time of payment.

C. Adjustments.

1. The owner of a development project subject to the RIM fee under this chapter may apply to the RIM fee program administrator for an adjustment to that fee. The waiver of this fee shall be based on the absence of any reasonable relationship between the impact on the development on the regional transportation network and the amount of fee charged.

2. The application for adjustment may be made in writing and filed with the RIM fee program administrator no later than thirty days after payment of the fee. The application shall state in detail the factual basis and legal theory for the claim of adjustment.

3. It is the intent of this chapter that:

a. The land use categories are based on general plan designations which are an average of a wide range of specific land uses; thus substantial variation must be shown in order to justify a fee adjustment;

b. Each fee adjustment or waiver shall be considered individually and thus it may occur that a fee adjustment or waiver is made in one category and not another; and

c. Where improvements providing capacity for the subject parcel have already been constructed, a downward adjustment of the fee is not appropriate.

4. The RIM fee program administrator, or his/her designee, shall consider the application and shall issue a written decision on the request within thirty days after the filing of the fee adjustment application.

5. The applicant bears the burden of proof in presenting substantial evidence to support the application. The following factors shall be considered in the determination whether or not to approve a fee adjustment:

a. The applicability of the category of fee established by resolution of the board of supervisors to the type of development, or

b. The applicability of the fee to the type of development based on the methodology of the latest edition of the Institute of Traffic Engineers Trip Generation Manual; and,

c. The substance and nature of the evidence including the applicant's technical data supporting the request. The applicant must present technical information to show that the fee is inappropriate for the particular development.

D. Refunds. If a building permit expires, is revoked or is voluntarily surrendered and therefore voided, and no construction or improvement of land has been commenced, the fee payer shall be entitled to a refund of the RIM fee with any interest accrued thereon, paid as a condition of issuance of the building permit. Assignment of the right to a refund may be requested in writing by the fee payer with a notarized signature.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

A. All fees collected hereunder shall be deposited in a RIM fee account or fund. The contents of this RIM fee fund shall be designated solely for the purpose of contributing to the financing of the RIM fee capital projects included in the then-current RIM fee capital projects list and for the funding of administrative costs. Any funds borrowed from the RIM fee fund shall be repaid with interest at the county pool apportioned rate. Any interest income earned on the RIM fee fund shall also be deposited therein and shall only be expended for the purposes as set forth in this section.

B. Reporting Requirements. The RIM fee program administrator, or his/her designee, shall prepare and deliver annual reports on the status of the RIM fee program and RIM fees collected to the board of supervisors. These reports will specify the amount of RIM fee revenue collected and the corresponding fee generating activity (e.g. permits issued by land use category).

C. RIM fee program administrator. The RIM fee program administrator will account for all fee revenue generated pursuant to the ordinance codified herein.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

Any decision made by the administrator in the course of administering this chapter may be appealed to the board of supervisors by filing a written notice of appeal with the clerk of the board of supervisors within ten days after the decision setting forth the grounds for appeal. The cost to file a notice of appeal shall be set by resolution of the board of supervisors.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

Notwithstanding any other provision of the ordinance codified herein, the board of supervisors may grant by resolution a partial or total exemption from the fees established herein for any project, upon findings by the board that the public benefit and interest provided by the project exceeds the value of the fees that would otherwise be collected.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

If any one or more of the terms, provisions or sections of the ordinance codified herein shall to any extent be judged invalid, unenforceable and/or avoidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of the ordinance codified herein shall not be affected thereby and shall be valid and enforceable.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)

The ordinance codified herein shall be in full force thirty days after its passage, except the fees established pursuant to this chapter shall be in full force sixty days after its passage and prior to the expiration of fifteen days from the passage thereof, shall be published once in a newspaper of general circulation published in the jurisdiction, with the names of the members voting for and against same.

(Ord. 2777 § 1(part), 2004).

(Ord. No. 2963, 5-5-2009)