La Mesa Municipal Code Ch. 14.28 Traffic Mitigation Fee

The purpose of this chapter is to comply with the requirements of the San Diego Association of Government (SANDAG) Commission Ordinance 04-01 and TransNet Extension Ordinance and Expenditure Plan, which requires that each local agency in San Diego County contribute exactions from the private sector for each newly constructed residential housing unit to the Regional Transportation Congestion Improvement Program (RTCIP). The purpose of the RTCIP is to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility.

(Ord. 2008-2791 § 2 (part); May 13, 2008)

(a) A traffic impact fee shall be imposed on all new residential units developed in the city in an amount established by resolution of the city council. If a new residential unit is developed as part of a new subdivision as defined by Government Code Section 66424, the applicable fees imposed pursuant to this chapter shall be paid by the subdivider during the subdivision processing as a condition of approval of the proposed final map or parcel map; alternatively, however, at the option of the subdivider, a covenant may be executed burdening each residential lot for the pro rata share of the total fees owned, due as a condition of the issuance of a building permit. If a new residential unit is not part of a new subdivision, the applicable fee required shall be paid as a condition of the granting of a building permit for said unit.

(b) The fees imposed by this chapter shall not be considered to be in lieu of the dedications of land adjacent to the development and adjacent road improvements which are required to be constructed by the developer pursuant to applicable requirements or as specified in the municipal code.

(c) An administrative fee in the amount of one percent of the traffic impact fee assessed per residential unit shall be required pursuant to SANDAG Commission Ordinance 04-01 for purposes of defraying the costs of administering the San Diego County Regional Transportation Commission Act.

(Ord. 2008-2791 § 2 (part); May 13, 2008)

The following shall not be subject to the requirements of this chapter: (1) accessory dwelling units as defined in Municipal Code Section 24.01.100; and (2) replacement or remodels of existing residential structures which do not add units.

(Ord. 2008-2791 § 2 (part); May 13, 2008)

The fees collected pursuant to this chapter shall be deposited in a separate account identified as the "Regional Transportation Congestion Improvement Program Fund" and utilized solely for compliance with the requirements of SANDAG Commission Ordinance 04-01 and the TransNet Extension Ordinance and Expenditure Plan.

(Ord. 2008-2791 § 2 (part); May 13, 2008)

A developer of any project subject to the fees required pursuant to this chapter may apply to the city engineer for a reduction or adjustment of said fee based upon the absence of any reasonable relationship or nexus between the traffic impacts of that development and the amount of the fee charged. The application shall state in detail the factual basis for claim of waiver or reduction, and shall be accompanied by a traffic study demonstrating that the cost of mitigating the traffic impacts of the development is less than the amount of the fee charged for the engineer at the time of the filing of the request for a final or parcel map, or a building permit, and shall bear the seal of a traffic engineer licensed by the state of California. The city engineer shall consider the fee adjustment application within thirty days of the filing of the application.

(Ord. 2008-2791 § 2 (part); May 13, 2008)