Cathedral City Municipal Code Ch. 14.10 Transit Development Fee

The city council finds that the preservation and protection of the health, safety and general welfare of the residents of this city, and the public at large, require that bus turnouts be constructed in conjunction with all new development on arterial and major highways in order to implement the goals and objectives of the circulation element of the city of Cathedral City's general plan. Steps must also be taken to mitigate the traffic impacts caused by new development and in order to provide mass transportation. Certain transit facilities must be acquired and/or constructed to assist in mass transportation, to wit: bus turnouts. Further, the costs associated with bus turnouts should be shared by all new development along arterials and major highways.

(Ord. 328 § 2, 1991)

"Arterial and Major Highways"

means those highways listed as either Arterial or Major within the Cathedral City General Plan.

"Adjacent to"

means any lot or parcel which has any property line or a portion of any property line contiguous to any Arterial Highway or Major Highway, as defined herein.

"Bus Turnout"

means a bus stop/zone located in a recessed curb area on the street, separate from moving lanes of traffic. The prescribed design criteria is outlined in the SunLine standard plan manual, which does not include shelter land acquisition.

"Cost"

means, for purposes of this chapter, the financial requirement to construct the recessed curb area, concrete landing, and added street appurtenances of a bus turnout, minus the financial requirement to construct the normal street frontage.

(Ord. 328 § 2, 1991)

A fee shall be imposed upon all permits for new construction and development and subdivision maps on or adjacent to arterial and major highways as defined herein. This fee shall be adopted by City Council Resolution and shall meet the following:

(a) The fee amount shall approximate the cost of construction of required bus turnouts, computed on the basis of street front footage.

(b) Money collected through these fees shall be held in a designated transit development fund and, along with any interest earnings on that account, shall be used solely as follows:

(1) To pay for the City's future construction of bus turnouts, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or

(2) To reimburse developers who have been required or permitted to install a bus turnout, or

(3) To pay or reimburse SunLine Transit Agency for its acquisition of and installation of bus turnout facilities within the borders of the City.

(c) Periodically, and annually in conjunction with budget adoption, the City Council shall review the transit development fund to determine if the anticipated revenue therefrom is deemed sufficient to accomplish the construction of bus turnouts at needed intervals as determined by the City Engineer.

(d) The City Council, by Resolution, may adjust the fee periodically to assure adequate funding based on current construction costs.

(e) The fee shall be collected prior to the issuance of building permits, and shall be placed into a fund for the purposes specified herein.

(Ord. 328 § 2, 1991)

Whenever a developer is required, as a condition of approval of a development permit, to construct a bus turnout, a credit against the fee which would otherwise be charged pursuant to this ordinance on the development project shall be given. If the cost of building the bus turnout is less than the fee, the developer shall pay the difference. If the cost of the bus turnout is greater than the fee, the city shall reimburse the developer, provided there are sufficient unencumbered funds in the account. If there are not such funds, the city shall enter into a reimbursement agreement with the developer for reimbursement when unencumbered funds are available. The agreement shall be limited to a five-year period.

(Ord. 328 § 2, 1991)

A developer of any project subject to the fee may apply to the city council for an adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the public transportation impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The request shall be made in writing and filed with the city clerk and shall state the factual basis for the claim waiver, reduction, or adjustment. The city council shall consider the request within sixty days after receipt by the city clerk. The decision of the city council shall be final. Alternatively, a protest may be filed and pursued in accordance with the provisions of Government Code Sections 66020 and 66021, whichever may be appropriate.

(Ord. 328 § 2, 1991; Ord. 542 § 7, 2001)