§ 8-18

This chapter is enacted for the purpose of establishing traffic impact mitigation fees to defray the actual costs of constructing improvements to the Manor Drive/Palmetto Avenue/Oceana Boulevard intersection, which improvements will be required to accommodate the increased traffic flow in the area resulting from future building activity in the City.

(§ II, Ord. 422-C.S., eff. September 26, 1984)

(a)

The "Cumulative Traffic Impact Analysis of the Manor Drive Overpass, dated November, 1981" identified needs for signalization and the possible widening of the Manor Drive overpass.

(b)

Each new land development within the impacted area located north of Paloma Avenue within the City limits will generate additional traffic which will cause adverse environmental effects if improvements to the intersection are not made.

(c)

The City Engineer has estimated the total cost for the signalization and widening of the overpass to provide an additional lane at One Million Four Hundred Fifty Thousand and no/100ths ($1,450,000.00) Dollars including the cost of investigation of feasible alternatives.

(d)

The Constitutional and statutory authority exists for the imposition of the requirements contained in this chapter, including, but not limited to, the municipal police power and the Subdivision Map Act (Sections 66410 et seq. of the Government Code of the State).

(e)

The payment of a development fee by all those undertaking construction projects which will generate additional traffic and which have been approved by the City is warranted, required, and necessary for the purpose of mitigating the adverse environmental effects mentioned in this section and improving traffic circulation, mobility, and safety. Moneys collected by the City as payment of such fees shall be placed in a restricted special fund to be used solely to assist in defraying the costs of the construction of the Manor Drive/Palmetto Avenue/Oceana Boulevard intersection.

(§ II, Ord. 422-C.S., eff. September 26, 1984)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

Construction. "Construction" shall mean the original construction of a new commercial unit, new residential unit, or new retail unit or shall mean the re-occupation of any structure which has not been occupied during the previous three years for which fees pursuant to this chapter have never been paid.

(b)

New commercial. "New commercial" shall mean and include the construction of any gross floor area used for retail sales or commercial purposes which is in addition to any existing floor area within a structure or in a new area, including hotels, motels, and offices.

(c)

New office construction. "New office construction" shall mean the original construction of gross floor area used for administrative, professional, or other nonresidential or retail uses.

(d)

New residential. "New residential" shall mean the original construction of a dwelling.

(e)

New retail. "New retail" shall mean the original construction of one or more retail improvements or the addition of gross floor space to existing nonresidential improvements to be used for retail sales.

(f)

Trip generated. "Trip generated" shall mean a one-directional vehicle movement.

(§ II, Ord. 422-C.S., eff. September 26, 1984, as amended by § 3, Ord. 626-C.S., eff. May 10, 1995)

A traffic impact mitigation fee is hereby imposed on new construction as set forth in this chapter. Such fee shall be paid prior to the issuance of any building permit in connection with such construction. The amount of the fee will be calculated at the time of issuance of any building permit based upon the fees in existence at the time the building permit is issued.

The amount of such fee shall be based on trips generated by new developments. The fee shall be One Hundred Eighty and no/l00ths ($180.00) Dollars per trip generated. Trips generated by new development shall be based on the latest information available and approved by the City Engineer. Trips generated by residential developments shall be the actual trips. Trips generated by commercial, office, and retail development shall be forty (40%) percent of the actual trips generated. This percentage is used to allow for trips which are taken into account in the residential trip generation amounts.

To provide for construction cost increases due to inflation, on July 1 of each year, beginning July 1, 1995, the fee shall be increased on the basis of the Construction Cost Index (CCI) in the San Francisco Bay Area, published in the issue of the Engineering News Record (ENR) by McGraw-Hill Publication Company.

(§ II, Ord. 422-C.S., eff. September 26, 1984, as amended by § 4, Ord. 626-C.S., eff. May 10. 1995)

There is hereby created in the City a "Manor Drive/Palmetto Avenue/Oceana Boulevard Intersection Improvement Fund" into which all traffic impact mitigation fees collected pursuant to this chapter shall be deposited. The money in said fund shall be segregated from other City funds and shall be expended solely for the construction of the Manor Drive/Palmetto Avenue/Oceana Boulevard intersection within the impacted area.

(§ II, Ord. 422-C.S., eff. September 26, 1984)

If any section, sentence, subsection, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this chapter and any section, subsection, sentence, clause, or phrase of this chapter, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.

(§ II, Ord. 422-C.S., eff. September 26, 1984)

CHAPTER 19. - PARK FACILITIES IMPACT FEE

Footnotes:

--- ( 12 ) ---

Editor's note— Section 1 of Ord. 878-C.S., effective June 8, 2022, repealed Chapter 19 in its entirety and enacted a new Chapter 19 to read as set out herein. Former Chapter 19, §§ 8-19.01—8-19.07, pertained to the park facilities impact fee and derived from § 2 of Ord. 786-C.S., effective April 12, 2012.