Placerville Municipal Code Ch. 15 Traffic Mitigation Fee

The city council finds and declares that the purpose of this chapter is as follows:

(A) The general plan of the city requires that the city be provided, in a time frame related to its development, with an adequate level of traffic and circulation infrastructure.

(B) New development, and the expansion of existing development, within the city imposes a burden on the existing traffic and circulation infrastructure by adding additional traffic and by creating a need for new traffic and circulation infrastructure. Such burdens may vary by the type of land use.

(C) Analysis of the land use expected at buildout of the city pursuant to the general plan makes it possible to estimate the number of trips generated by different types of land uses, to analyze the traffic and circulation infrastructure or facilities necessary to support those trips, and to determine which land uses will utilize such infrastructure. It is therefore possible to construct a fee, based on trip generation, which equitably spreads the burden of traffic and circulation infrastructure or facilities to those who will create the need for them and utilize them. It is the intent of this chapter to create such a fee, spreading costs of traffic and circulation infrastructure to those who create the need for such infrastructure, without generating any surplus to the general fund. It is the further purpose of this chapter to implement the general plan by assuring that adequate public facilities are financed and provided to serve the city.

(D) The fee established by this chapter has been calculated in the manner set forth in the study so as to pay for those facilities listed in the traffic mitigation fee capital improvement program.

(E) The fee established by this chapter is in addition to any other fees or charges required by law as a condition of development.

(F) The fee established by this chapter is to be collected for public improvements and facilities for which an account has been established and funds appropriated.

(G) The failure to impose the conditions and regulations of this chapter relating to payment of the fee on building permits would jeopardize residents of the community, in that it would permit construction to proceed without adequate infrastructure or means of financing said infrastructure.

(H) The requirement of this chapter to pay the fee is necessary in order to assure compliance with the applicable zoning ordinance and general plan requirements for the infrastructure funded by this chapter.

(I) For a period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public and to developers and their representatives indicating the cost or estimated cost of all the infrastructure to be funded, the revenue sources anticipated and the means of spreading these costs.

(J) The city council has considered the effect of the fee imposed by this chapter with respect to the housing needs of the city as a whole and of the region, particularly as required by the housing element of the general plan, and the city council finds that this chapter does not unduly adversely affect the city's ability to provide for such needs.

(K) The establishment of the fee is for the purpose of obtaining funds for capital projects, necessary to maintain service required by the general plan within developing and existing portions of the city which land use designations have already been granted. (Ord. 1461, 7-11-1989)

The following words are defined for purposes of this chapter as follows:

BUILDING PERMIT: The permit issued or required by the city for the construction of any structure pursuant to and as defined by the building code.

CAPITAL IMPROVEMENT PROJECTS: That list of proposed traffic and circulation facilities identified in the city of Placerville traffic impact mitigation fee study (Fehr and Peers, April 24, 1998).

DEPARTMENT: The department of public works.

DIRECTOR: The director of the department.

FACILITIES: Those public traffic and circulation facilities or infrastructure shown and included on the capital improvement program.

FEE OR TRAFFIC MITIGATION FEE: The fee established by this chapter. The fee shall be collected prior to the approval of any building permit. The fee shall be used solely to finance the facilities.

IMPROVEMENT PLAN: A site plan of property proposed for development showing all required improvements that must be approved by the city prior to the issuance of a building permit for the property.

STUDY: The study entitled "City Of Placerville Traffic Impact Fee Study" (Fehr and Peers, April 24, 1998). The study is on file in the offices of the director and the city clerk.

TRAFFIC MITIGATION FUND: That special interest bearing fund established pursuant to this chapter. (Ord. 1461, 7-11-1989; amd. Ord. 1556, 2-23-1999)

The finance director is hereby directed to establish a special interest bearing fund entitled the traffic mitigation fund. All fees collected pursuant to this chapter shall be deposited in the traffic mitigation fund and expended solely to finance the facilities. (Ord. 1461, 7-11-1989)

Except as otherwise provided by this chapter, the fee imposed pursuant to this chapter shall be paid at or prior to the issuance of any building permit. Calculation of the fee shall be determined in accordance with the type of development and the extent of development. Descriptions of land use categories in this chapter, except as otherwise noted, are utilized in the same manner as in the general plan. (Ord. 1461, 7-11-1989)

The interim traffic impact mitigation fee shall be as follows:

For land uses not listed above, the proposed fees will be seven hundred fifty three dollars ($753.00) per trip for residential type land uses, and three hundred thirty eight dollars ($338.00) per trip for commercial or industrial land uses.

The above fees shall remain in effect until the comprehensive permanent traffic impact fee program is adopted. (Ord. 1615, 11-28-2006; amd. Res. 7542, 9-11-2007; Res. 7584, 1-22-2008; Res. 7627, 7-8-2008; Res. 7648, 10-14-2008)

No fee shall be charged for already existing development or for projects which rebuild or remodel without increasing trips generated, except as provided in this section.

(A) Where the development or project changes to a different land use, it shall be charged the appropriate fee as provided by section 8-15-5 of this chapter, less any amount previously paid pursuant to this chapter.

(B) Where the development or project expands or remodels the same land use, it shall be charged the appropriate fee as provided by section 8-15-5 of this chapter; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled. Where the fee is calculated based upon the number of dwelling units, no fee shall be charged unless an additional dwelling unit is added. (Ord. 1461, 7-11-1989)

(A) A developer of any project subject to the fee established by this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than twenty (20) calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his decision in writing not later than forty five (45) calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within twenty (20) calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within forty five (45) calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the permit streamlining act 1 , or any other purpose, until a final decision pursuant to this section has been made.

(B) Notwithstanding the provisions of subsection (A) of this section, a project proponent or applicant may pay the fee under protest and receive a building permit. Provided, however, that the application for reduction or adjustment shall thereafter be filed within ten (10) calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant to this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.

(C) The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or the facilities to be financed by the fee, and the particular project.

(D) In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required. (Ord. 1461, 7-11-1989)

The fee established by this chapter shall automatically be adjusted on January 1 of each calendar year by a percentage equal to the inflation rate for the prior year for construction costs as determined by the director on December 1 of each calendar year. The director's determination shall be based upon the "Engineering News Record", construction cost index for the calendar year as of December 1. (Ord. 1461, 7-11-1989)

When the monies in the traffic mitigation fund are disbursed for use, the fees shall be used to finance the facilities. To the extent sufficient fees are available, all facilities financed by the fees shall be constructed or acquired in accordance with the priorities established in the capital improvement program. (Ord. 1461, 7-11-1989)

If a developer has constructed all or a portion of a project listed on the capital improvement program or participated in an assessment district or any other kind of financing mechanism the result of which has caused the construction of one or more projects on the traffic mitigation fee, capital improvement program, development within the project area shall be exempt from the traffic mitigation fee only to the extent that the equivalent project per unit cost equals or exceeds the traffic mitigation fee. If the project per unit cost is less than the traffic mitigation fee, then the traffic mitigation fee will be reduced by the amount of the project per unit cost. The project per unit cost shall be calculated and certified by the director. (Ord. 1461, 7-11-1989)