San Benito County Municipal Code Art. VII Traffic Impact Fees

This article shall be known as the “Traffic Impact Fee Ordinance”.

(1966 Code, § 15B-1) (Ord. 554, § 1(part))

The purpose of the traffic impact fee ordinance is to generate revenue to defray costs of transportation and transit facilities necessitated by development projects in San Benito County.

(1966 Code, § 15B-2) (Ord. 554, § 1(part))

The Board of Supervisors of the county finds as follows:

(A) New public and private development, both residential and commercial, places an undue burden on existing county roads and creates a need for new county roads;

(B) The increasing volume of construction of residences and commercial buildings continues to generate traffic which causes the degeneration of existing county roads. These existing roads consequently require repair, improvement, reconstruction and expansion as a direct consequence of the impacts of new development;

(C) The need to repair, improve, reconstruct and expand roads creates a need to replace aging equipment necessary to handle the consequences of the increased traffic;

(D) Reconstruction and improvement of existing roads economically reduces a need for costly new construction. Therefore, reconstruction of existing roads is essential in the overall plan in developing transportation and transit facilities;

(E) Additionally, the impacts of growth in San Benito County require the construction of completely new county roads. Recently, the voters authorized a temporary increase in the local sales tax (known as Measure A) to partially address the need for new roads. However, Measure A funds do not provide all of the funds needed to finish the construction of these essential new roads;

(F) Revenue generated by the traffic impact fee ordinance will allow the combination of the impact fee funds with the Measure A revenue in order to construct the necessary new roads. The revenue generated by the traffic impact fee will also create funds to purchase new rights-of-way to expand existing roads and create new roads;

(G) Revenue generated by the traffic impact fee will create funds to purchase essential road equipment necessary to accomplish the reconstruction and construction of new roads; and

(H) Also the revenue generated by the traffic impact fee will create funds to cover reconstruction costs involving existing roads.

(1966 Code, § 15B-3) (Ord. 554, § 1(part))

All traffic impact fees collected pursuant to this article shall be placed into special funds which are created and established for the purposes specified in this article. The special funds shall be known as the “Traffic Impact Fee Fund”.

(1966 Code, § 15B-4) (Ord. 554, § 1(part))

Revenue in the Traffic Impact Fee Fund shall be used for the financing transportation and transit facilities. Transportation and transit facilities include, but are not limited to, streets and supporting improvements, roads, overpasses, bridges, related facilities and equipment incidental thereto. Appropriate expenditures include, without limitation, costs of construction, reconstruction, equipment and acquisition of land, all incidental to transportation and transit facilities. Separate funds may be established for particular targeted expenditures.

(1966 Code, § 15B-5) (Ord. 554, § 1(part))

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. Any entity which applies for a development permit to be issued by the county.

CERTIFICATE OF OCCUPANCY. The same meaning as specified in the most recent edition of the Uniform Building Code.

DEVELOPMENT.

(1) All construction for which a building permit is required; or

(2) The installation of mobile home requiring an installation permit.

DEVELOPMENT PERMIT. Includes all permits for development, as “development” is defined herein.

FINAL INSPECTION. The same meaning as specified in the most recent edition of the Uniform Building Code.

RATE. The amount of money per square footage of a building, such amount determined by the Board of Supervisors.

SQUARE FOOTAGE. Of a building, is computed by determining the area within the surrounding exterior walls of a building, or a portion thereof, including the area of the walls themselves, exclusive of vent shafts and courts. The square footage of a building, or a portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

SUBSTANTIALLY EQUIVALENT. The same meaning as the term is described in Cal. Revenue and Taxation Code § 70.

(1966 Code, § 15B-6) (Ord. 554, § 1(part))

The traffic impact fees specified by this article shall be required, and shall be collected, commencing on the date the ordinance codified in this article becomes effective.

(1966 Code, § 15B-7) (Ord. 554, § 1(part))

Traffic impact fee rates shall be fixed by the Board of Supervisors, from time to time, by resolution. The fees established and fixed by the resolution shall be adjusted on July 1 and January 1 of each year, based upon the change in the United States Average Engineering News Record Construction Cost Index (ENR), calculated as follows.

(1966 Code, § 15B-8) (Ord. 554, § 1(part))

The benefit areas for particular projects or expenditures shall be established by the Board of Supervisors, by resolution. The resolutions shall include a description of the proposed project or expenditures and the area determined to benefit therefrom. Benefit areas may be adjusted, amended or rescinded by resolution of the Board of Supervisors.

(1966 Code, § 15B-9) (Ord. 554, § 1(part))

(A) Prior to issuance of a building permit, an applicant shall pay to the Building Department the fees prescribed by resolution or shall present written evidence that the provisions of this article have otherwise been satisfied with respect to the development for which permits are sought.

(B) The amount of the fee shall be determined by the rate in effect on the date that payment is tendered.

(C) In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of development that was not included in computing the prior fee.

(1966 Code, § 15B-10) (Ord. 554, § 1(part); Ord. 948, § 1, 2016)

(A) Annually, the Director of Public Works pursuant to state law, including Cal. Gov’t Code § 66001, shall prepare a report on the status of the Traffic Impact Fee Fund for the Board of Supervisors. The report shall include the balance of Impact Fee Fund at the end of the previous fiscal year, the fee revenue received during the previous fiscal year, and the need for the continuing collection of the impact fees.

(B) Following presentation of the report by the Director of Public Works, the Board shall take whatever action appropriate.

(1966 Code, § 15B-11) (Ord. 554, § 1(part))

The following development projects are exempt from paying the traffic impact fee:

(A) Building permits for certain types of development are exempt from the requirements of this ordinance since this type of development does not significantly add to the impact on transportation and transit facilities. The following types of development are exempt from the requirements of this article: building permits for:

(1) Pools;

(2) Fences;

(3) Storage structures for existing uses, when (a) the structure will not be used for human occupancy, and (b) the additional storage structures will not result in additional traffic to/from the subject property. This exemption shall not apply to vacant or unimproved land; and

(4) Additions or alterations with a value of $5,000 or less.

(B) No traffic impact fee shall apply to the reconstruction of any residential, commercial or industrial structure that is damaged or destroyed as a result of a natural disaster, as declared by the Governor of the State of California. Any reconstruction which is not substantially equivalent to the damaged or destroyed property shall be deemed new construction and to that portion the traffic impact fee shall apply.

(C) If a structure is destroyed by a fire or other natural calamity, which is not proclaimed a natural disaster by the Governor of the State of California, no traffic impact fee shall be required for the replacement of the existing structure when the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structure, the traffic impact fee shall apply only to the excess square footage.

(D) If an applicant desires to voluntarily destroy an existing structure, no impact fee shall apply for the replacement of the existing structure when the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structures, the traffic impact fee shall apply only to the excess square footage. This exemption applies only when an applicant applies for a development permit and waiver of impact fees in advance of the destruction of the previously existing structure and only if the previously existing structure could have been legally occupied at the time of destruction.

(1966 Code, § 15B-12) (Ord. 554, § 1(part); Ord. 890, § 1)

The county shall not conduct a final inspection, or issue a certificate of occupancy, if an applicant does not pay any required traffic impact fee. The applicant shall not cause, or allow, the occupation of a structure without payment of the traffic impact fee when the fee is required by this article.

(1966 Code, § 15B-13) (Ord. 554, § 1(part))

A violation of any provision of this article constitutes a public nuisance, per se.

(1966 Code, § 15B-14) (Ord. 554, § 1(part))