Chapter 11.20 — PLANNED TRANSPORTATION FACILITIES

The city council declares and finds that the development of land for urban uses substantially impacts the city of Dinuba’s transportation facilities, and that it is necessary to require the construction of and to establish and collect transportation facility fees to defray the actual or estimated costs of constructing planned major transportation facilities for the safe conveyance of traffic in order to promote and protect the public welfare, safety, peace, comfort, convenience, and the general welfare, and for the accomplishment for the purposes more particularly set forth as follows:

A. To provide for planned major transportation facilities within the community as required for the safe conveyance of traffic;

B. To provide for an additional method of financing construction of planned major transportation facilities within the community;

C. To provide an authentic source of information regarding development of planned major transportation facilities for present and prospective residences, developers and investors in property within the community;

D. To obviate the menace to public safety arising from inadequate provision for the safe conveyance of traffic occurring as the result of development of property within the community;

E. To prevent the deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development, as the case may be, which would result from the failure to construct planned major transportation facilities; and

F. To provide for the collection of major transportation facility fees for construction of planned major transportation facilities within the community at the time of the subdivision of land, as authorized by Section 66483 of the Government Code of California and this code, or at the time of other development thereof except as herein executed; such fees being, however, subject to credits as herein provided for revenues, assessments and other receipts theretofore collected with respect to any such parcel or parcels of land for construction of planned major transportation facilities within the community. (Ord. 90-11 §§ 1 (part), 2 (part), 1990)

Unless the particular provision or the context otherwise requires, the definitions contained in this chapter shall govern the construction, meaning and application of the words and phrases defined, and their derivatives and derivatives therefrom wherever applicable, whenever used in this chapter.

A. “Community” means and is defined as the area included in the adopted city general plan
urban growth management boundary as it exists on June 12, 1990, the time of passage of
the ordinance codified in this chapter and as it will exist with future updates of the city
general plan that major transportation facilities are included to serve.

B. 1. “Development” means any building, structure, or other improvement or the
construction, erection, installation, addition or alteration thereof in, over or upon any
parcel of land or the division of any parcel of land.

2. “Development” does not include any temporary building, structure or other
improvement, or the construction, erection or installation thereof, which under the
terms of any permit issued therefor or the provisions of this code or pursuant to such
other assurance as the director may require may be maintained, not to exceed one
year, or, if erected or installed, for the use in the performance of the work of a
construction project until completion of such work. “Other improvement” means any
development activity which, as determined by the director, materially alters and/or
impacts the effective operation of the transportation system.

C. “Director” means the city manager of the city of Dinuba or his designee.

D. “Division” means the dividing of any parcel of land into one or more lots or parcels as
described in this code; or any parcel of land which has been so divided.

E. “Gross acreage” means the area of a parcel of land; or the area of a proposed division,
including those portions designated for streets and alleys and including those portions of
all abutting streets and alleys measured to the centerlines thereof or to a line parallel with
and thirty feet from the property line, whichever shall be the lesser. In the case of single-
family residential uses occupying a corner parcel, the portions of the streets abutting the
shortest side or one side in the case of a square parcel shall not be included.

F. “Major transportation system fees” means fees established and levied as provided in this
chapter to pay all or a part of the cost of the planned major transportation facilities and their
appurtenances.

G. “Parcel of land” means any real property improved or unimproved shown on the latest equalized county assessment roll as a parcel and reflected by the assessor’s parcel maps prepared by the office of the county assessor.

H. “Planned major transportation facilities” means transportation facilities required for the
community. The term “facilities” includes, without limitation, real property and rights in
property for use for and in connection with the installation of major transportation facilities,
and anything incidental thereto, all as may be required for the safe conveyance of traffic
with the community.

I. “Planned major transportation facilities fund” means a separate fund established by the
finance director to finance major transportation system facilities within the community,
into which all major transportation fees collected on property within the community shall
be deposited, and the moneys in which shall be expended solely for acquisition and
construction of planned major transportation facilities within the community.

J. “Transportation plan” means the specific transportation element of the general plan
adopted by the city council for the community, which contains an estimate of the total cost
of constructing the major transportation facilities required by the plan, together with
appurtenances.

K. “Zoning ordinance” means a zoning division of the municipal code of the city.

L. “New development” or “development project” means any new building, structure or improvement of any parcels of land, upon which no like building, structure or improvement
previously existed.

M. “Residential unit” means a single- or multiple-family dwelling unit, consisting of one
family per unit.

N. “Nonresidential unit” means each one thousand square feet of indoor floor area of
construction intended primarily for commercial, retail, office, warehousing or industrial
uses.
(Ord. 90-11 §§ 1 (part), 2 (part), 1990; Ord. 2015-02 § 2 (part), 2015)

A. Except as otherwise provided in this section, a major transportation fee shall be paid to the city on each parcel of land in the community prior to the commencement of the work of any development thereon or, in the case of any division of any parcel of land, prior to the approval of the final subdivision or parcel map thereof.

B. In the case of subdivisions which at the time of approval are zoned for industrial uses, the
following applies:

1. If planned major transportation facilities are required within the limits of or
necessitated by such subdivision, the major transportation facility fees which shall be
paid prior to the approval of such division shall not exceed the cost of such planned
major transportation facilities. The balance of such fee obligation, if any, may be
deferred.

2. If planned major transportation facilities are not required within the limits of or are
not necessitated by such subdivision, the major transportation facility fees required
by this chapter may be deferred.

3. Major transportation facility fees deferred under the provisions of this subsection
shall be payable and the amounts determined by the provisions of this chapter upon
development of the land subject to such division and such deferred fees payable prior
to the issuance of a certificate of occupancy.

C. Except in the case of single-family residential uses, the area of all additions, replacements,
reconstructions, or the construction of a separate structure or other improvement on a
previously developed parcel for which a major transportation facility fee or assessment has
not been fully paid or assessed shall be deemed a parcel of land for the purposes of this
chapter and a major transportation facility fee is payable thereon when such area equals or
exceeds five hundred square feet.

D. The director shall require:

1. The design, construction and dedication of planned major transportation facilities
located within or necessitated by such development or division; or

2. The combination of the payment of a partial major transportation facility fee as
required herein and the design, construction, and dedication of such planned major
transportation facilities.

E. Exceptions. Except as otherwise provided herein, major transportation facility fees are not payable for the performance of the local items of work as follows:

1. Except in the case of a subdivision, any development work which consists solely of
the construction, erection or installation of:

a. Fences, pole lines, underground conduits or pipelines, or similar developments which, as determined by the director, do not materially alter the natural surface of a parcel of land, or

b. Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street
improvements within any street or alley;

2. Any development consisting solely of additions or alterations to any single-family
residential dwelling or its accessory structures or other additional development on a
developed single-family residential parcel;

3. Any reconstruction or replacement of a single-family residence destroyed by fire or
condemnation; provided, that this exception shall not apply in the event that:

a. The use of the parcel or any portion thereof at the time of reconstruction or
replacement is other than single-family residential,

b. Reconstruction or replacement does not occur within twelve months, or

c. The ownership of the parcel is changed following the occurrence which requires
reconstruction or replacement thereof;

4. The construction of a single-family residential dwelling and accessory structures on
land under one ownership having an area of five or more acres, and having no other
dwelling located thereon except for temporary occupancy pending such construction,
which land is used primarily for an agricultural pursuit consisting of raising tree, vine,
field, forage, or other plant life, crops of all kinds, or the maintenance, breeding and
raising of poultry or animals.

F. Installment Payments. Except in the case of divisions, a portion of the major transportation
facility fee may be paid in installments when land is developed lying outside the boundaries
of the community at the written request of the owner, subject to the conditions hereinafter
stated and provided, when:

1. Planned major transportation system facilities are not presently available to convey
traffic from the parcel of land to be developed for any use;

2. For industrial projects that employ on-site “green” electrical generation facilities that
provide a significant portion of their energy demands, the major transportation facility
fee may be made in installment payments as follows:

a. Ten installment payments plus interest, provided at least twenty-five percent but less than fifty percent of the on-site electrical demand is met with on-site “green” electrical generation facilities with the first installment being due upon issuance of the building permit and each of the nine remaining installments being due on the anniversary of the permit issuance; or

b. Twenty installment payments plus interest, provided at least fifty percent of the
on-site electrical demand is met with on-site “green” electrical generation facilities with the first installment being due upon issuance of the building
permit and each of the nineteen remaining installments being due on the
anniversary of the permit issuance;

3. In the discretion of the city manager, the installment payment of the major
transportation facility fee is in the best interests of the city and in no case shall the
installment plan be extended beyond twenty years. Such installment plan shall include
interest per annum at the rate of the highest Local Agency Investment Fund (LAIF)
rate for the preceding twelve months plus one percent. Such deferral of payment shall
be set forth in a writing signed by the property owner and shall constitute a lien upon
the property and be recorded against the property until the fees are paid in full.

G. Conditions for Installment Payment. All owners who desire the installment payment of a
major transportation facility fee as hereinabove provided and/or received a deferral of
payment from the city manager shall enter into an agreement with the city which shall be
recorded against the property and shall provide that such unpaid fee be paid at the earliest
of the following occurrences:

1. On the sale or transfer of any portion of such parcel;

2. Ninety days after written notice is mailed to the owner or owners by the director that
the construction of planned major transportation facilities designed to serve the
community is to be commenced within one year of the date of the notice. The notice
shall be sent to the owner’s address as it appears on the last equalized assessment roll
and such fees shall become delinquent if not paid within the ninety-day period;

3. Upon default of such agreement, the unpaid balance of such fees shall immediately
become due and payable.

H. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable, other than liquidated, monetary setoffs against the city, if an action of law or foreclosure suit is instituted to enforce payment of the fee.

I. The agreement shall constitute a valid lien upon such parcel. The lien may be subordinated
at the discretion of the director. The form and substance of the agreement, procedures,
document or covenants to place the agreement and lien into effect shall be determined by
the director subject to the approval of the city attorney.
(Ord. 90-11 §§ 1 (part), 2 (part), 1990; Ord. 2007-01 § 1, 2007; Ord. 2008-04 § 1, 2009)

It is unlawful for any person to construct, erect or install, or cause to be constructed, executed or installed, any development on any parcel of land on which the major transportation facility fee required by this chapter has not been paid, and no building permit or other permit for any development shall be issued unless the required major transportation facility fee has been paid or provision for payment made with the director. (Ord. 90-11 §§ 1 (part), 2 (part), 1990)

A. The city council shall establish by resolution a schedule of fees calculated to raise the sum of money necessary to pay the estimated total cost, as set forth by the city engineer, of the planned major transportation facilities for the community. Such schedule shall be conditioned and based on the following findings by the city council:

1. The planned major transportation facilities for the community are in conformity with
the facilities elements of the city’s general plan;

2. The development of property within the community will require construction or
acquisition of the planned major transportation facilities, as determined by the city
engineer, and that the fees are fairly apportioned within the community either on the
basis of benefits conferred on property developed or to be developed or on the need
for planned major transportation facilities created by proposed or existing
development of property within the community;

3. Major transportation facilities planned with respect to the community which are in
addition to any existing major transportation facilities serving the community, as
determined by the city engineer, are necessary to complete the planned major
transportation facilities for the community.

B. The schedule of fees shall be those amounts established by resolution of the city council
adopted on June 12, 1990, and shall remain in effect until March 1, 1991. Effective March
1, 1991, and each succeeding March 1st thereafter, the schedule of fees may be adjusted in
accordance with the following criteria:

1. On January 1st of each year beginning 1991, the director shall review the current
National Engineering News Record Construction Cost Index (ENRCCI) for Los
Angeles, California. When such index differs from the index for the preceding
January 1st, the factor of increase or decrease shall be applied to the schedule of fees.
Such factor shall be computed by dividing the ENRCCI for the current January 1st by
that pertaining to the previous January 1st. The individual major transportation
facility fee rates shall be multiplied by such factor to determine the adjusted schedule
of fees.

2. The director shall add to the schedule of fees the major transportation facility fee rates
for new planned major transportation facilities in the community established by the
city council concurrently with the amendment of the general plan adding thereto such
new planned major transportation facilities.

3. In the event of the establishment by resolution of the council of a new schedule of
fees, the adjustment of such schedule provided in subdivision (1) of this subsection
shall begin the January 1st occurring after such new schedule has been in effect for
twelve months and shall include the period from the date of the adoption of such new
schedule to such January 1st.

C. The rates per unit used to compute major transportation facility fees levied and collected
pursuant to this chapter for parcels of land located in the community shall be those rates set
forth in the schedule of fees established by resolution of the city council as set forth in this
section.

D. When a development is proposed on only a portion of any parcel of land, the director may
designate on the approved plot plan the portion of such real property on which the
development is to occur as the area to be developed. The payment of the major transportation facility fee shall be limited to such designated area subject to the following
conditions:

1. Such designated area shall include all areas to be the subject of activity which
materially impacts the community’s transportation system.

2. Such designated area shall equal or exceed the minimum area established for the
applicable use identified in the zoning ordinance.

3. The area of such parcel of land remaining undesignated shall equal or exceed the
minimum area established for the applicable land use identified in the zoning
ordinance.
(Ord. 90-11 §§ 1 (part), 2 (part), 1990; Ord. 2015-02 § 2 (part), 2015)

A. In the computation of the major transportation facility fee payable because of development or division of any parcel of land, a credit shall be allowed for planned major transportation facilities installed with respect to such parcel. Such credits for actual cash expenditures for the construction of major transportation facilities constructed and still in existence and use in any street, alley or public easement and not constructed by special assessment proceeding shall be allowed, subject to the following conditions and limitations:

1. Facilities considered for such credits shall have been constructed in conformance with
the standards of the city in effect when such facilities were constructed.

2. The director shall certify that such facilities are in conformance with, and beneficial
for use in connection with, the planned major transportation facilities installed or to
be installed in the community.

3. The credit allowed shall not exceed the cost of such facilities, as determined by the
director from actual cost records or by applying estimates of construction costs
prevailing at the time such facilities were constructed; provided, that no credit shall
be allowed because of public easements, the dedication of which may have been
required by the city in conjunction with development or divisions as defined in this
chapter.

4. The facilities shall have been constructed and paid for with respect to the parcel for
which credit is claimed and are located in or will serve the area within which is
located the parcel for which credit is claimed.

5. Proof to the satisfaction of the director shall be made by the person claiming the right
of such credit hereinunder of the amount of the actual cash expenditures for which
credit is claimed.

6. The city shall have acquired ownership of the facilities without cost.

7. When the facilities for which credit is claimed benefit more than one parcel of land
and only a portion of the total allowable credit is claimed, the city may, in the absence
of an agreement among the owners of the parcels eligible for such credit, estimate the
total cost of the facilities at the time of construction and apportion the total credit
allowable for such facilities among the benefiting parcels in a manner that the city, in
its sole discretion, shall deem equitable.

8. Except in the case of public agencies, in the event the actual cash expenditures as determined by the director in subdivision (3) of this subsection exceed the total major transportation facility fee payable because of the development or division of any parcel of land, the city shall contract with the developer or divider to refund such excess credits to the owner or owners of such parcel or parcels of land for which such expenditures were made. Such refunds shall be paid from major transportation facility fees paid pursuant to subsequent development or division of other parcels of land within the community which are served by the planned major transportation facilities for which such refund is due. Such refunds shall be paid to the person or persons owning the parcel or parcels for which such excess credits exist at the time of such refunds. The payment of such refunds is to be made no later than ninety days from the date of transfer to the general fund of the city of the major transportation facility fees from which such refunds are to be paid. Should there not be sufficient subsequent major transportation facility fees available or should the facilities required to provide the level of transportation service prescribed by law not be available by the date of the refund contract, any remaining obligation of the city to refund such excess credits shall expire. Nothing herein shall preclude the partial payment of such refunds when sufficient funds are determined by the city to be available and all other conditions of this subdivision have been met. B. Credits for assessments previously levied for planned major transportation facilities by special assessment proceeding shall be allowed, subject to the following conditions and limitations: 1. Such facilities shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed. 2. The director shall certify that such facilities are in conformance with, and beneficial for use in connection with, the planned facilities installed or to be installed in the community.

9. The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, which was paid in cash or which became security for a bond or bonds issued in the special assessment proceeding. If one assessment was levied for major transportation facilities and other improvements in the same proceeding, the director shall determine, from the engineer’s report in the assessment proceeding, if available, otherwise on cost estimates supplied by the director, the proportion of the assessment attributable for such facilities, and the amount so determined by him shall be the credit allowed. C. If a major transportation facility fee was paid on all or a portion of the parcel of land pursuant to this chapter, and an additional major transportation facility fee is payable under any provision of this chapter, a credit shall be allowed equal to the amount previously paid. (Ord. 90-11 §§ 1 (part), 2 (part), 1990)

A. In the case that the amount of any major transportation facility fee shall be disputed, the city shall allow such fee to be paid under protest. Such protested fee shall be reviewed by the director and the correct amount thereof determined according to law in connection with any such dispute.

B. In the case of a dispute as to any requirement under the provisions of Section 11.20.030(D),
an appeal of such requirement may be filed with the city council. Such appeal must be filed
in written form with the director by the owner of such development subject to the
requirements in dispute within thirty days of the notification of such requirement. The
decision of the city council shall be final.
(Ord. 90-11 §§ 1 (part), 2 (part), 1990)

Any person, firm or corporation violating any of the provisions of this chapter, including any or all other amendments, revisions or supplements, is guilty of an infraction and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.010 of this code. If any violation is continued, each day’s violation is deemed a separate infraction. (Ord. 90-11 §§ 1 (part), 2 (part), 1990; Ord. 96-2 § 9, 1996)