Fullerton Municipal Code Ch. 21.30 Fees for Traffic Impact Mitigation

(A) (1) The purpose of the traffic impact mitigation fee is to implement the city’s General Plan growth management element, to ensure that new growth pays its share of regional traffic mitigation and to implement the city’s circulation/transportation general plan element to improve, maintain and regulate the network of highways, and streets, to ensure their safe and efficient use.

(2) Adoption of a traffic impact mitigation fee by the city is mandated by Measure “M,” the county-wide traffic improvement and growth management plan adopted by the voters on November 6, 1990 in order for the city to remain eligible to receive $0.005 sales tax dollars for transportation improvements.

(B) The City Council has determined that there is a reasonable relationship between new and/or expanded land uses in the city and needed traffic improvements and that there is a reasonable relationship between the cost of the needed traffic improvements and the new or expanded land uses as identified in the city’s traffic impact mitigation fee analysis.

(Ord. 2838, passed - -1993)

(A) There is hereafter imposed upon the following land uses a fee for traffic impact mitigation:

(1) Every new residential unit;

(2) Every new office, commercial, indus- trial or institutional building;

(3) Every newly expanded office, commercial, industrial or institutional building, with the fee assessed for that portion of the building which has been expanded.

(B) Commencing immediately after the effective date of the ordinance codified in this chapter, the fee levied against the land uses described above shall be as determined by resolution of the City Council based on the city’s traffic impact mitigation fee analysis and any updates thereto, and shall be reviewed on an annual basis.

(Ord. 2838, passed - -1993)

The fee imposed by this chapter shall be due and payable and shall be collected by the Director of Development Services at the same time that fees are paid to the city for the building permit for the construction of the land uses described in this chapter. If such a building permit is denied, revoked or surrendered without the construction of the land use for which it was charged, the traffic impact mitigation fee shall be refunded.

(Ord. 2838, passed - -1993)

All fees imposed by this chapter shall be deposited into a traffic mitigation fund. The funds collected shall be used for needed traffic improve- ments identified in the city’s capital improvement plan, the city’s General Plan and the city’s traffic mitigation fee analysis, and for no other purpose.

(Ord. 2838, passed - -1993)

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