Article VI — TRANSPORTATION IMPACT FEE

SECTION:

20-59: Purpose

20-60: Transportation Impact Fee Established

20-61: Limited Use Of Fees

20-62: Developer Construction Of Facilities

20-59: PURPOSE:

In order to implement the goals and objectives of the circulation element of the city's general plan and to improve and maintain the level of service of the community's infrastructure including streets and highways, transit, bicycle/pedestrian facilities, truck routes, and transportation system management strategies, certain public transportation facilities must be constructed or expanded commensurate with growth of the city. The city council has determined that a transportation impact fee is needed in order to assist in the financing of these public transportation improvements and to pay for new development's fair share, excluding expansion of existing development within the boundaries of the existing legally defined property, of the construction costs of these improvements. In establishing the fee described below, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan. (Ord. 1754, 6-2-2009)

20-60: TRANSPORTATION IMPACT FEE ESTABLISHED:

A transportation impact fee is hereby established on issuance of certificate of occupancy for new development, excluding expansion of existing development, in the city. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the transportation impact fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationships between this fee and the various types of new development and set forth time for payment. As described in the fee resolution, this impact fee shall be paid prior to issuance of certificate of occupancy. On an annual basis, this fee shall be adjusted by the public works director or designee in accordance with the "Engineering News Record Construction Cost Index" publication. (Ord. 1754, 6-2-2009)

20-61: LIMITED USE OF FEES:

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to: a) pay for the city's future construction of new or expanded transportation facilities described in the resolution enacted with this ordinance; or b) reimburse developers who have been required or permitted as set forth below, to install certain transportation facilities as listed in the most recently adopted circulation element. (Ord. 1558 § 1, 5-20-1998)

20-62: DEVELOPER CONSTRUCTION OF FACILITIES:

Whenever a developer is required, as a condition of approval of a development permit, to construct an off site public transportation facility described in a resolution adopted pursuant to this section, and when such construction is necessary to ensure efficient and timely construction of the transportation facilities network, a reimbursement agreement with the developer may be offered. The reimbursement amount shall not exceed the actual cost of the construction of the facility by the developer. Should the reimbursement amount exceed available funding in the transportation impact fee account, the developer may enter into a reimbursement agreement with the city with repayment to the developer to be paid from the transportation impact fee account as funding becomes available. (Ord. 1558 § 1, 5-20- 1998)