Lincoln Municipal Code Ch. 18.91 Traffic Impact Mitigation Fees

The city council finds and determines that new residential, commercial and industrial development places an additional burden on the city's existing traffic circulation and street system and creates a need for new streets, traffic and transit improvements and facilities to serve the needs of new development. The city council further finds and determines that a traffic impact mitigation fee is necessary to mitigate the adverse impact of new development on traffic within the city and to assure that new development is consistent with the city's general plan and the traffic circulation element of this plan. Adequate streets, traffic and transit improvements and facilities contribute to and improve the quality of life within the city and are essential to the public health, safety and welfare.

(Ord. 447B §1(part), 1983)

The purpose of this chapter is to provide and maintain street, traffic and transit improvements and facilities to benefit new development and to provide a means of financing these improvements and facilities.

(Ord. 447B §1(part), 1983)

Zoning changes, conditional use permits and tentative maps whose approval will generate traffic shall be conditioned on the payment of a traffic impact mitigation fee in an amount established by resolution of the city council and in the manner set forth in this chapter. The amount of the traffic impact mitigation fee shall bear a reasonable relationship to the use of city streets, traffic and transit improvements and facilities by the future inhabitants and/or users of new development for which the zoning change, conditional use permit, or tentative map is granted.

(Ord. 447B §1(part), 1983)

Fees collected pursuant to this chapter shall be deposited in a separate fund to be known as the traffic impact mitigation fund, and shall be used only for the improvement, construction, reconstruction and maintenance of new and existing street, traffic and transit improvements and facilities. Such improvements and facilities may include, but are not limited to, acquisition of traffic signals, street overlays, reconstruction, new street construction and other related traffic and transit system improvements.

(Ord. 447B §1(part), 1983)

Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of a building permit(s) for the use authorized by the zoning change, the conditional use permit or tentative map, whichever occurs last. If such fees are not committed within this five-year period, the fees shall be returned to the applicant.

(Ord. 447B §1(part), 1983)

The city council shall adopt by resolution a schedule specifying the projected use of funds collected under this chapter. The council may amend this schedule from time to time.

(Ord. 447B §1(part), 1983)

Traffic impact mitigation fees imposed pursuant to this chapter shall be collected at the time of issuance of building permits.

(Ord. 447B §1(part), 1983)

The traffic impact mitigation fee for non-residential land uses shall be determined by applying the city's transportation public facility fee per EDU to the most recent tables adopted by the South Placer Regional Transportation Authority (SPRTA) for the City of Lincoln, using the unit of measure and the DUE per unit for the applicable category as determined by the city.

(Ord. No. 863B, § 2, 3-13-2012)

Editor's note— Ord. No. 863B, § 2, adopted March 13, 2012, amended § 18.91.080 in its entirety to read as set out herein. Former § 18.91.080 pertained to computation and derived from Ord. 447B § 1(part), adopted in 1983.

(a) Prior to the approval of a zoning change, conditional use permit or tentative map, the decision-making body (the city council or the planning commission as the case may be) shall review the report and recommendation submitted by the city engineer and may approve, modify and approve or disapprove the report and recommendation.

(b) Prior to approval of an application for a zoning change, conditional use permit or tentative map, the decision-making body shall determine whether such approval will generate an increase in traffic.

(1) If the decision-making body finds that such approval will not generate an increase in traffic, the council shall not condition the zoning change, conditional use permit or tentative map on payment of a traffic impact mitigation fee.

(2) If the decision-making body finds that such approval may generate an increase in traffic, the decision-making body shall determine the average daily traffic generated by the proposed zoning change, conditional use permit or tentative map and the fee to be paid and shall condition its approval of the zoning change, conditional use permit or tentative map on payment of such traffic impact mitigation fee.

(Ord. 447B §1(part), 1983)

Nothing in this chapter shall be read to limit the right of the city council or the planning commission to disapprove any application for a zoning change, conditional use permit or tentative map for any lawful reason, including but limited to the impact that such zoning change, conditional use permit or tentative map may have on streets, traffic or transit within the city which cannot be alleviated by this chapter.

(Ord. 447B §1(part), 1983)

The city council may, from time to time, advance money from the city's fund balances to the traffic impact mitigation fund to provide sufficient funds to finance street traffic or transit improvements and facilities. Any moneys advanced to the traffic impact mitigation fund from the city's fund balances may, in the council's discretion, be reimbursed to the city's fund balances from fees paid into the traffic impact mitigation fund.

(Ord. 447B §1(part), 1983)