Monterey County Municipal Code Ch. 18.60 Carmel Valley Road Traffic Mitigation Fee

As of August 25, 1992, there is hereby imposed on all building permits issued for development within the Carmel Valley Master Plan Area and the Greater Carmel Valley Area a traffic mitigation fee which shall be assessed and collected as provided in this Chapter.

(Ord. 3649, 1992; Ord. 3833, 1995)

A. Building Permit. "Building Permit" shall mean any building permit issued by the Director of Building Services of the County pursuant to the provisions of the Monterey County Code. Nothing in this ordinance shall be construed as prohibiting the issuance of a building permit for any project which has been issued a foundation permit prior to February 18, 1992, if such foundation permit is valid on the effective date of this ordinance.

B. Carmel Valley Master Plan Area. "Carmel Valley Master Plan" shall mean the area as defined in the document entitled "Monterey County Carmel Valley Master Plan" and adopted by the Board of Supervisors on December 16, 1986, and depicted on Exhibit A to this Chapter.

C. Greater Carmel Valley Area. "Greater Carmel Valley Area" shall mean that area depicted as the "area of potential benefit" on Exhibit A attached to the ordinance codified in this Chapter.

(Ord. 3649, 1992; Ord. 3833, 1995)

(Ord. No. 5135, § 50, 7-7-2009)

Prior to the issuance of any building permit for property within the Carmel Valley Master Plan or the Greater Carmel Valley Area, the applicant for such building permit shall pay a traffic mitigation fee in an amount as established by the Board of Supervisors by resolution.

(Ord. 3649, 1992; Ord. 3833, 1995)

The following categories of development are exempt from the provisions of this ordinance:

1. Any development which has been issued a building permit prior to February 18, 1992, or which received design approval and submitted plans for a building permit prior to February 18, 1992, and which were issued a building permit prior to August 25, 1992, and such permit has not lapsed or became void for any reason.

2. Any development: (a) submitted to the County prior to the effective date of Ordinance 52, as amended, of the Monterey Peninsula Water Management District, (b) approved subject to the condition that building permits not be issued until water was made available, and (c) for which an application for a building permit is filed with the County prior to February 1, 1993.

3. Any remodeling or alterations to an existing commercial or industrial use which does not result in an increase in total leasable floor area of the building or structure or diminishes the parking required under the current provisions of the Monterey County Code, or which will not result in an increase in vehicle trips as determined by the Director of Public Works.

4. Any remodeling or alterations to an existing residential development which does not result in an increase in the number of dwelling units within the building or structure or diminishes the parking required under the current provisions of the Monterey County Code.

5. Any development for which a building permit is required: (1) in order to comply with an order issued by the Director of Building Services to repair an unsafe or substandard condition; or (2) in order to rebuild as a result of destruction by fire, earthquake, or other natural disaster, provided that such development is not prohibited by any provision of the Monterey County Code.

(Ord. 3649, 1992; Ord. 3833, 1995)

(Ord. No. 5135, § 51, 7-7-2009)

Any fee that may be otherwise required pursuant to this Chapter shall be reduced by the amount of any charge or levy required as a condition of approval of any subdivision map or pursuant to any agreement between the County and a developer and such charge or levy is paid or obligated to be paid exclusively for street and road improvements to Carmel Valley Road, intersections with Carmel Valley Road, or any project designated on the Carmel Valley Road Improvement list, on file in the office of the Director of Public Works.

(Ord. 3649, 1992; Ord. 3833, 1995)

A. Deposit and Accumulation of Funds. The Director of Building Services shall collect the traffic mitigation fees and deposit such fees in a separate, interest bearing account to be used for the purposes specified in this Section.

B. Use of Funds. The traffic mitigation fees shall be used for road and street improvements to Carmel Valley Road generally consistent with the Carmel Valley Master Plan and as may be approved or authorized by the Board of Supervisors.

Resolution No. 92-77. Resolution No. 92-77 as amended, shall be null and void, and shall be deemed repealed and no longer in effect. Payment of the applicable fee specified in this ordinance shall be deemed full compliance with any agreement or condition of approval required pursuant to Resolution No. 92-77.

(Ord. 3833, 1995; Ord. 3649, 1992)

(Ord. No. 5135, § 52, 7-7-2009)