Chapter 10.40 — TRAFFIC SIGNAL COST MITIGATION FEE PROGRAM

This chapter shall be known as the "traffic signal mitigation program ordinance."

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city council finds and determines that this chapter establishes:

(1)

A means of equitably assessing the costs of traffic signal installations needed to mitigate the cumulative environmental impacts resulting from the additional traffic generated by new development projects.

(2)

The installation of warranted traffic signals and other control devices provides for improved intersection safety and efficiency, and reduces overall commuter delay, traffic congestion, air pollution and fuel consumption.

(3)

A system of regulations and fees to cover the estimated reasonable costs of installing needed signalization devices, in combination with other development requirements, is a practical method for ensuring that adequate mitigation of traffic related environmental impacts will be achieved.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This chapter is established under the authority of chapter 5 of division 1 of title 7 of the Government Code which provides that a local agency may establish fees for the purpose of financing public facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city shall be responsible for the administration of the signal mitigation program. Detailed administrative responsibility and additional program procedures shall be described in a resolution of the city council, which document shall supplement this chapter. Specific details of the program shall be prepared as a document of the transportation and land management agency.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction cost index (CCI) means that index of construction costs established and published monthly in the Engineering News Record and known as the construction cost index (CCI).

Development means the improvement or change of use of a parcel of property. The context of use may also refer to the growth process by which change occurs.

Dwelling unit (d.u.), as defined in the 1991 edition of the Uniform Building Code, which is from time to time amended, is any mobilehome or building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family. Dwelling unit based fees will be based on the actual number of proposed dwelling units.

Fee area means the signal mitigation program fee area.

Gross acreage means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and property lines.

Project area (acre) means, for fee purposes, the area measured in acres from the adjacent road right-of-way line to the limits of project improvements. The term "project area" includes all project improvements and areas of intensive use on applicant's gross acreage, including all areas depicted on the applicant's exhibit, as submitted to the city. Except as otherwise provided in this chapter, the project area is the area upon which the development will be assessed signal mitigation program fees.

Signal mitigation program means the process of the collection and expenditure of environmental fees for traffic congestion mitigation purposes through signalization.

Signal mitigation program fee area means the geographic area, encompassed by the boundaries of the city, for the uniform collection and expenditure of signal mitigation program fees.

Signal priority list means that working document which is maintained by the city to assist in the determination of locations for signalization. The signal priority list is a dynamic listing of locations that have been determined to have met traffic signal warrants, which locations are prioritized based on traffic volume and collision history.

Traffic signal warrants means those criteria described in the state department of transportation traffic manual, and the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Inasmuch as those criteria for the installation of traffic signals are nationally accepted, those warrants, and any subsequent revisions are adopted as the city traffic signal warrants. Traffic signals are electrically powered traffic control devices, other than barricade warning lights or steady burning electric lamps, by which traffic is warned or directed to take some specific action. As used in this chapter, the term "traffic signals" includes traffic control signals, pedestrian crossing signals, ramp metering signals, flashing beacons, lane-use control signals, priority control of traffic signals and all appurtenant and ancillary equipment.

Transportation improvement program means the seven-year program of proposed transportation improvements, prepared by the transportation and land management agency, and submitted annually to the city council for approval. The transportation improvement program is incorporated as a component of the city capital improvement program.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The ordinance from which this chapter is derived adopts and sets forth policies, regulations and fees relating to the funding and installation of traffic signals that are a part of the mitigation of the cumulative environmental impacts of traffic congestion generated by new developments and land use changes.

(b)

This chapter establishes the authorized uses of the fees collected hereby.

(c)

This chapter formalizes and revises a signal mitigation program that previously had been made a condition of approval of development projects on a case-by-case basis since 1982. The fee amounts are brought current by recalculating the fees, based on current construction and program costs, using the original fee calculation methodology.

(d)

This chapter establishes procedures and requirements regarding the signal mitigation program as applied to development projects which impact the environment through the generation of additional vehicular traffic.

(e)

This chapter establishes the signal mitigation program as a uniform city-wide traffic signal fee collection program. Fee amounts collected within the signal mitigation program fee area shall be in accordance with the signal mitigation program fee schedule set forth hereby.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Signal mitigation program fees shall be utilized for the direct and indirect costs associated with the installation, modification and upgrading of traffic signals and related improvements, and as provided in this chapter. The improvements shall be included in the city transportation improvement program.

(b)

Locations proposed for signalization shall meet a minimum of one of the established traffic signal warrants based on existing conditions, or based on projections of conditions not to exceed five years from the study date. Authorized use of signal mitigation program fees shall include, but shall not be limited to, the following:

(1)

General signal mitigation program management, including planning, studies, recordkeeping, meetings, travel, training, staff supervision, accounting, data processing and other related administrative tasks;

(2)

Design and other preliminary, engineering-related functions;

(3)

Environmental clearance procedures, right-of-way acquisitions and associated activities;

(4)

Cooperative agreement preparation and related activities;

(5)

Construction contract preparation and related activities;

(6)

Construction, construction materials, construction inspection, surveys, materials testing, procurement and related activities;

(7)

Equipment, materials and labor to support the activities described in this subsection.

(c)

Improvements at or near traffic signal project locations are authorized to be funded from the signal mitigation program; providing, that the improvements are related to the installation of traffic signals and create additional intersection capacity, improve roadway safety, increase the life of traffic signal improvements, or provide other benefits to the traveling public. These authorized improvements may include, but are not limited to, safety lighting, flashing beacons, traffic signal coordination hardware and software, standard and changeable message signing, striping, pavement markings, raised pavement markers, pre-emption controls, access ramps, intersection area sidewalks, street pavement improvements, roadway widening, curbs, gutters and other drainage improvements, central traffic signal control and monitoring equipment and software, and other items that meet the criteria listed above.

(d)

The intelligent vehicle highway systems (IVHS) element of the signal mitigation program fee shall be utilized for administrative, planning, design and construction activities related to IVHS. IVHS related expenses may include costs for those advanced traffic management and information systems that are related to IVHS. Prior to expenditure of any of the funds authorized herein for capital purchases, the city council's designee shall submit proposed IVHS funding policy and procedures for review and approval by the city council. The policy shall include a listing of proposed improvements to be funded from the IVHS fee element. The IVHS element of the signal mitigation program fee shall be an established percentage of the signal mitigation program fee that is current at the time of payment. This fee may apply to certain geographic areas or travel corridors, dependent upon the final, adopted policies and procedures.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The signal mitigation program fees are adopted as follows:

(1)

The signal mitigation program fees shall be in accordance with the fee schedule set out in exhibit A, attached to the ordinance from which this chapter is derived, which is incorporated into this chapter, and shall be adjusted annually in accordance with the annual change in the construction cost index or similar index that may be established by the city council.

(2)

Signal mitigation program fees shall be comprised of a calculated base fee and additional fee elements calculated as a percentage of the base fee. Those additional fee elements are as follows:

a.

Traffic signal coordination/interconnect;

b.

Intelligent vehicle highway systems (IVHS);

c.

Administrative.

(3)

Fee categories are established for the land uses, listed and defined as follows:

Industrial/commercial means land uses that are consistent with any of the following descriptions:

a.

An industrial or manufacturing business that employs personnel and capital in a productive or profit-making enterprise;

b.

A commercial business engaged in wholesale or retail marketing or products or services with an intent to make a profit;

c.

A commercial business engaged in the growth, production or processing of plant and animal products. The term "industrial/commercial" includes, but is not limited to, agricultural, dairy and poultry uses.

Institutional/nonprofit means all property used exclusively for institutions such as churches, museums or schools, as well as properties used exclusively for nonprofit religious, scientific or hospital purposes. The exclusive use of the property shall be considered to mean that no profit making uses shall be allowed on

the properties. The applicant shall provide documentation from the state franchise tax board certifying that the proposed use of the property is for nonprofit purposes to qualify for this fee category.

Residential multiple-family means all residential dwellings other than residential single-family. The term "residential multiple-family" includes, but is not limited to, multiple-family dwellings, two-family dwellings, apartment houses, boardinghouses, roominghouses, lodginghouses, congregate care residential facilities and individual spaces within mobilehome parks and recreational vehicle parks.

Residential single-family means all single-family residential dwellings, including those within mobilehome subdivisions.

Senior/retirement residential multiple-family means all residential multiple-family dwellings which are legally restricted to occupancy by senior citizens.

Senior/retirement residential single-family means all residential single-family dwellings which are legally restricted to occupancy by senior citizens.

(4)

The fees established by this chapter shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year in the construction cost index for the Los Angeles metropolitan area. The first fee adjustment shall not be made prior to minimum of ten months subsequent to the effective date of this chapter. The fees, as adjusted annually, shall be compiled by the city council's designee, and shall be included in an annual report to the city council pertaining to the signal mitigation program. The annual report shall be presented to the city council by May 15 of each year, and fee adjustments shall be effective on July 1 of each year. The continued validity of the fee calculation methodology shall be evaluated by the city council's designee, and a summary of the evaluation shall be presented to the city council every five years subsequent to the date of the enactment of this chapter. The individual fee element percentages may be adjusted by a resolution of the city council.

(5)

All applicants for building permits shall pay signal mitigation program fees to the city as a condition of the building permit, and as follows:

a.

Notwithstanding any written requirements to the contrary, the signal mitigation program fee shall be paid whether or not the property is subject to city conditions of approval for payment of the fees.

b.

The fees shall be included in the city conditions of approval for land divisions and discretionary permits.

c.

The signal mitigation program fee shall be paid in full at the time of final inspection, or at the time that a certificate of occupancy is issued, whichever occurs first. Advance payment may be made concurrent with

application for building permits. Advance payments prior to issuance of a building permit may be made if formally agreed upon by the city and the applicant.

d.

The signal mitigation program fee for residential developments which contain more than one dwelling, and for which city conditions of approval for payment of the fees have been imposed, shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first, notwithstanding any provisions to the contrary that may be contained in the conditions of approval.

e.

The signal mitigation program fee for industrial/commercial developments shall be paid on a lump sum basis for the entire project area as approved for the discretionary permit.

f.

If all or part of development properties are sold prior to payment of the signal mitigation program fee, such property shall continue to be subject to the requirement for payment of the fees by the purchaser of the development property, as provided in this chapter.

g.

No final inspection shall be made, and no certificate of occupancy shall be issued, prior to full payment of the signal mitigation program fee.

h.

Discretionary uses, for which the city does not require a final inspection or issuance of a certificate of occupancy, shall pay required signal mitigation program fees prior to any use allowed under the discretionary permit, or as otherwise provided in the conditions of approval.

(6)

Fee payment shall be assessed one time per lot or parcel except in cases of changes in land use. Fees for changes in land use shall be reduced by the amount of any previously paid fees for that property, and no refunds will be provided for changes in land use to a lower fee category. It shall be the responsibility of the applicant to provide documentation of any previously paid fees.

(7)

Fees shall be in accordance with the signal mitigation program fee schedule in effect at the time of payment, unless a prior condition of approval or agreement between the city and the applicant includes a requirement for a different fee amount. It shall be the responsibility of the applicant to provide documentation of a prior fee amount requirement. Fee credits or in lieu payments shall be allowed only as specifically provided within this chapter. There shall be no deferments of signal mitigation program fees.

(8)

Acreage-based contributions shall be computed on the basis of the project area in accordance with the following:

a.

The project area shall be determined or verified by city staff based upon the applicant's development plot plan as submitted to the planning department.

b.

If the difference between the net acreage, as exhibited on the plot plan, and the project area is less than one-quarter acre, the fees shall be charged on the full gross acreage.

c.

The applicant may elect, at his own expense, to have the project area evaluated, dimensioned and certified by a registered civil engineer or a licensed land surveyor. The engineer or land surveyor shall prepare a wet- stamped letter of certification of the project area dimensions and a plot plan exhibit that clearly delineates the project area. Upon receipt of the letter of certification and plot plan exhibit, the fees will be established based upon the certified project area.

d.

Appeals regarding the determination of a project area or fee shall be submitted in writing to the city council or designee.

(9)

Accounting, recordkeeping, expenditure and management of signal mitigation program funds shall be in accordance with the established procedures of the city, this chapter, and all applicable federal and state laws. For accounting purposes, signal mitigation program funds expended shall be considered to be the earliest deposited funds in the signal mitigation program account.

(10)

Refunds of signal mitigation program fees shall not be made, except in cases of overpayment or miscalculation of fees.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The signal mitigation program fee shall not be required for the following:

(1)

Permitted uses, as found within the zoning code, with the exception of single-family dwellings. Permitted uses are those uses that do not require discretionary approval;

(2)

Reconstruction of buildings damaged or destroyed by fire or other natural causes, providing that the reconstruction does not include a change in land use;

(3)

Rehabilitation or remodeling of an existing residential unit, or additions to an existing residential unit;

(4)

Building permits for which an application was filed, pursuant to section 302 of the uniform building code, prior to the effective date of the ordinance from which this chapter is derived, except for those improvements subject to city conditions of approval requirements for the payment of signal mitigation program fees;

(5)

Detached second units, pursuant to the zoning code;

(6)

Construction of a single-family residential unit upon property wherein a mobilehome had previously been installed pursuant to an installation permit;

(7)

Guest dwellings, as defined in the zoning code;

(8)

The following areas shall be excluded from the acreage based project area calculations:

a.

Areas of legally restricted construction, such as Federal Emergency Management Agency designated floodways and open space lots,

b.

Areas dedicated to a public entity for public use.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following policies relating to the funding of traffic signals by land developers are adopted:

(1)

Land developers may be required to fund and install signals at new intersections and locations that are created by particular developments and which will meet traffic signal warrants based on existing or projected traffic volumes and that are wholly or partly contained within the development boundaries. Such

requirements shall be established and included as a condition of approval of the particular development. Signalization of such locations that are wholly or partly contained within a development are created by that development shall be the responsibility of the land developer. No signal mitigation program fee credits or reimbursement for the cost of design and construction of such traffic signals shall be given or made.

(2)

Land developers may be required to fund and install traffic signals at existing locations that are in the vicinity of their developments and that meet traffic signal warrants based on existing or projected traffic volumes when such locations are directly impacted by the traffic generated by the developments. Such requirements shall be included as a condition of approval of these particular developments. Developers may request the city to enter into an agreement providing for a partial reimbursement of signal mitigation program fees or an equivalent credit to the developer for the design and construction costs of the traffic signal improvements. The agreements may be referenced in the development conditions of approval and shall be executed by all parties prior to the beginning of project construction. If such an agreement is executed, reimbursements or fee credits shall be made only after completion of construction, and final acceptance by the city of project improvements. The reimbursements or fee credits shall be in accordance with the terms of a fully executed agreement, and shall be for verifiable project costs. Such agreements shall be negotiated on a case-by-case basis after review and consideration of the following:

a.

Ranking on the signal priority list;

b.

Availability of signal mitigation program funds;

c.

The benefits of the installation of the traffic signals to the developer and the development project.

(3)

The city shall negotiate for the most favorable agreement terms for the funding of capital and maintenance costs for privately funded traffic signals. City funding resource commitments shall be minimized. Such funding agreements are subject to approval of the city council.

(4)

It is recognized that land developers may desire to advance the schedule for the installation of traffic signals at locations close to their developments which meet the established warrants for signalization and which are on the city's list for signalization. A developer may install warranted traffic signals in advance of the city's schedule for installation, at the developer's own expense, if approved by the city. Inasmuch as there is a benefit to the land developer for the installation of certain traffic signals, the developer shall fund a portion of the improvement costs in proportion to the benefit received. Developers may request the city to enter into an agreement providing for a partial reimbursement or signal mitigation program fee credit to the developer for the design and construction costs of the traffic signal and associated improvements. The

agreements shall be executed by all parties prior to the beginning of project construction. Reimbursements or fee credits shall be made after completion of construction, and final acceptance by the city of project improvements, and shall be in accordance with the terms of a fully executed agreement, and shall be for verifiable project costs. Such agreements shall be negotiated on a case-by-case basis after review and consideration of the following:

a.

Ranking on the signal priority list;

b.

Availability of signal mitigation program funds;

c.

The benefits of the installation of the traffic signals to the developer and the development project.

(5)

Traffic signal modifications, when required because of development related improvements, shall be funded by the land developer and constructed in accordance with the provisions of an encroachment permit issued by the city. The land developer shall deposit with the city nonreimbursable fees for plan checking and construction inspection in accordance with the zoning code, or as otherwise established by the city council. No signal mitigation program fee credits or reimbursement for the cost of design and construction of such traffic signal modifications shall be made.

(6)

All traffic signal plans and all related improvement plans shall be submitted to the city, for review. All improvement designs shall be in accordance with city standards, policies and procedures. Plans and specifications for all improvements shall be signed as approved by the city. A city encroachment permit must be secured by the applicant prior to construction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city shall establish a quality control program for the annual reporting of program revenues and expenditures to the city council, internal auditing of records and accounts, and overall program reviews.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)