Salinas Municipal Code Art. V-B Traffic Fees

(a) Authority. These fees are adopted pursuant to the police power, in accordance with the powers and limitations established by Government Code Section 50076 and Article XI, Section 7 of the California Constitution.

(b) Purpose. New development occurring within the corporate limits of the City of Salinas and in areas adjacent to the city has increased traffic congestion on major streets within the city. The traffic impacts of such new development are not limited to the immediate vicinity of the new development, but have an impact upon the major streets and bridge improvements throughout the city. In order to ensure that new development contributes toward offsetting the burden it imposes upon city's traffic system, it is necessary that an equitable fee and administrative program be established. A project list identifying traffic improvements to offset the burden shall be established by resolution, and said traffic fees shall be expended on only those projects.

(Ord. No. 2034 (NCS), § 1; Ord. No. 2442 (NCS), § 1.)

A program to accomplish the purposes set forth in Section 9-50.75 is hereby established and shall be known as the traffic improvement program.

(Ord. No. 2034 (NCS), § 1.)

The details of, and the fees for, the traffic improvement program shall be as adopted by the city council by resolution.

(Ord. No. 2034 (NCS), § 1.)

The following terms shall mean:

(a) "New development" includes:

(1) New construction which generates additional traffic impacts to those generated by the previous use of the land;

(2) Conversion of one use to a new use when the new use generates an additional traffic impact;

(3) Expansion of an existing use, except any addition or modification to a single-family dwelling if the proposed addition or modification will not change the use or character of the building as a single-family dwelling;

(4) Any use when conditions imposed by a discretionary permit require payment of a traffic fee.

(b) "Off-site" means anything outside and not adjacent to the boundaries of a development.

(c) "Traffic improvements" includes transportation planning, preliminary engineering, environmental impact reports, engineering design studies, land surveys, right-of-way acquisitions, engineering, issuance of permits and construction of all the necessary features for any street construction project, including, without limitation:

(1) Construction of new streets;

(2) Construction of new through lanes;

(3) Construction of new turn lanes;

(4) Construction of new bridges;

(5) Construction of new drainage facilities in conjunction with street or bridge construction or improvement;

(6) Purchase and installation of traffic signalization (installing new signals and upgrading existing signals);

(7) Construction of curbs, medians, and shoulders;

(8) Construction of street lighting;

(9) Construction of bicycle and pedestrian facilities; and

(10) All street and intersection capacity enhancements, including extensions, widening, intersection improvements, and improvement of pavement conditions.

(Ord. No. 2034 (NCS), § 1; Ord. No. 2156 (NCS), § 1; Ord. No. 2442 (NCS), § 1.)

(a) The fee levels established by Section 9-50.77 shall be adjusted annually in accordance with the procedures set forth in Section 9-42 of this Code.

(b) The fees established by Section 9-50.77 of this chapter may be revised periodically by the city council to reflect changes in traffic and project needs.

(Ord. No. 2034 (NCS), § 1; Ord. No. 2442 (NCS), § 1.)

The finance officer shall establish a separate account for the traffic fees. Expenditures from said account shall be used only in accordance with the purpose for which the account was established.

(Ord. No. 2034 (NCS), § 1.)

(a) For uses in existence on January 1, 2000 (the baseline traffic model year), or those uses that paid a traffic impact fee after that date, any new construction of enclosed building space which replaces a demolished building shall be exempt from traffic impact fees to the extent of the square footage and prior use of the demolished building, for twenty years or up to the time of adoption of the next general plan, whichever is earlier.

(b) For uses in existence on January 1, 2000 (the baseline traffic model year), or those uses that paid a traffic impact fee after that date, credit for a prior use of an existing enclosed building is allowed such that traffic fees are paid only if there is an intensification of trips generated.

(c) The property owner of building permit applicant shall have the burden of providing adequate documentation to support a claim of credits or exemptions under subsections (a) and (b) of this section. The determination of the city engineer shall be final. Violation of this article is a misdemeanor.

(d) Accessory dwelling units as defined in Chapter 37 (Zoning) of the Salinas City Code shall be exempt from development impact fees for a period of five years from the effective date of this revision.

(e) Buildings that have been vacant for at least the twenty years immediately preceding December 31, 2021 may be eligible to claim an exemption from traffic fees. The property owner of a building that has been vacant for the twenty-year period described in this subsection must claim the exemption within a period of five years from December 31, 2021.

(Ord. No. 2156 (NCS), § 1; Ord. No. 2442 (NCS), § 1.)

(Ord. No. 2616 (NCS), § 1, 3-19-2019; Ord. No. 2653 (NCS), § 1, 12-14-2021)

(a) For any commercial development as defined in the zoning code that requires a building permit, these fees shall be paid prior to the date of issuance of the building permit, and no building permit shall be issued until said fees are paid, unless a contract for installment payment has been approved by the Salinas City Council.

(b) For any residential development as defined in the zoning code including those portions of a mix-use building or development that requires a building permit, these fees shall be paid prior to the issuance of a certificate of occupancy, and no certificate of occupancy shall be issued until said fees are paid, unless a contract for installment payment has been approved by the Salinas City Council.

(c) For development not requiring a building permit, these fees shall be paid prior to the initiation of the new use.

(d) Violation of this article is a misdemeanor.

(Ord. No. 2034 (NCS), § 1; Ord. No. 2442 (NCS), § 1.)

(Ord. No. 2547 (NCS), 4-22-2014; Ord. No. 2611 (NCS), § 1, 11-6-2018)