Lancaster Municipal Code Ch. 15.67 Vehicle Miles Traveled Impact Fee

This chapter shall be known as the City of Lancaster's Vehicle Miles Traveled (VMT) Impact Fee ordinance.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

As used in this chapter, the following words and phrases have the meanings set forth below:

"CEQA" means the California Environmental Quality Act and the accompanying guidelines.

"SB 743" refers to Senate Bill 743 which identified vehicle miles traveled as the most appropriate CEQA transportation metric.

"TDM Strategies" means transportation demand strategies which are identified as part of the vehicle miles traveled impact fee mitigation program.

"VMT" means vehicle miles traveled.

"VMT efficient zone" means areas of the city where the vehicle miles traveled are already fifteen (15) percent or more below the adopted thresholds for the type of use.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

The city council expressly finds that the vehicle miles traveled impact fee is expressly adopted for the purpose of mitigating VMT traffic impacts identified in applicable CEQA documents. Therefore, the establishment of such fee shall be based on the project's "fair share" of the improvements necessary to mitigate citywide VMT growth as defined in the nexus study.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

The city council shall adopt the vehicle miles traveled impact fee by resolution. In accordance with Section 15.67.030 of this chapter, this fee shall be based on the project's "fair share" of the improvements to mitigate citywide VMT growth as defined in the nexus study.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

The vehicle miles traveled impact fee shall be applicable to all new residential and nonresidential development and payable as follows:

A. All new residential and nonresidential development shall pay the fee prior to the issuance of construction related permits (e.g., clearing and grubbing, grading, building, etc.).

B. The fee is only applicable to the vehicle miles above the thresholds established by the city council. These vehicle miles shall be determined through a project-specific VMT study.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

The vehicle miles traveled mitigation fee shall not be applicable in the following situations:

A. VMT Efficient Zones: The VMT fee shall not apply to development projects which are located within VMT efficient zones for the type of use (e.g., residential, commercial, etc.).

B. State Identified VMT Exempt Projects: The VMT fee shall not apply to development projects which are exempt from a VMT analysis. These exemptions are identified in the city's VMT thresholds as adopted by the city council.

C. Identified Improvements: The VMT fee shall not apply to development projects which choose to mitigate VMT impacts through the construction of improvements as identified in a project-specific VMT study.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

All vehicle miles traveled impact fees shall be held in separate account and shall only be expended for the TDM strategies and VMT-reducing projects identified in the final program EIR for the vehicle miles traveled mitigation program and corresponding nexus study.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 1100, § 2(Exh. A), 2-14-2023)