El Cerrito Municipal Code Ch. 4.54 Transportation Impact Fee

To implement the goals and objectives of the City of El Cerrito's ("city") general plan and related master and specific plans and to mitigate the impacts caused by future development in the city, certain transportation improvements must be constructed. The city council has determined that a transportation impact fee is needed to finance these transportation improvements and to pay for each development's fair share of the construction and acquisition costs of the necessary transportation improvements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and related master and specific plans, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. No. 2019-01, § 2, 1-15-2019)

A. A transportation impact fee ("fee") is established to pay for transportation improvements.

B. The city council shall, in a council resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the need for the fee, list the types of transportation improvements to be financed, describe the estimated cost of these improvements, describe the reasonable relationship between the fee and the various types of future development, and set forth time for payment of the fee.

(Ord. No. 2019-01, § 2, 1-15-2019)

The revenues raised by payment of the transportation impact fee shall be accounted for in a city capital project fund ("fund"). A separate and special account within the fund shall be used to account for revenues, along with any interest earnings on such account. These moneys shall be used for the following purposes:

A. To pay for design, engineering, environmental review, permits, right-of-way acquisition, utility relocation, project management and construction of the types of transportation improvements designated in the council resolution and reasonable costs of outside consultant studies related thereto, and associated attorneys' fees, including costs of defense;

B. To reimburse the city for transportation improvements that otherwise would have been eligible for funding with fee revenue and that were constructed by the city with funds, other than gifts or grants, from other sources together with accrued interest;

C. To provide a fee credit and/or reimbursement to developers who have constructed transportation improvements that otherwise would have been eligible for funding with fee revenue where such construction is beyond that which would otherwise be required for approval of the proposed development such as dedications, setbacks, frontage improvements, and/or development-specific transportation mitigation measures which are required by local ordinance, standards, or other practice, and based on actual cost of construction; and/or

D. To pay for and/or reimburse costs of program development and ongoing administration of the transportation impact fee program.

(Ord. No. 2019-01, § 2, 1-15-2019)

If a developer is required, as a condition of approval of a permit, to construct a transportation improvement that has been designated to be financed with transportation impact fees then the developer shall receive a credit against the fee that otherwise would be levied on the development project, and if the cost of the improvement or portion of the improvement as represented in the fee program adjusted for inflation that is the developer's responsibility is greater than the fee obligation for the development project then a reimbursement agreement with the developer shall be offered by the city. The reimbursement amount shall equal the difference between the fee obligation and the actual cost of the improvement that is the developer's responsibility. Reimbursements shall be paid only when and to the extent that moneys are available in the fund. Credits must be approved by the city manager.

(Ord. No. 2019-01, § 2, 1-15-2019)

A developer may appeal the amount of the fee due in writing to the city manager with supporting documentation. The city manager shall consider the appeal and shall make a decision on the appeal. The decision of the city manager shall be final.

(Ord. No. 2019-01, § 2, 1-15-2019)

The city manager shall approve and maintain administrative guidelines to facilitate implementation of the transportation impact fee.

(Ord. No. 2019-01, § 2, 1-15-2019)