Santa Barbara County Municipal Code Ch. 23C Transportation Impact Mitigation Fees

(a) Certain types of new development projects and subdivisions within the county can have impacts on public transportation and transit facilities.

(b) The State of California, through the enactment of Government Code sections 66484 and 66001 through 66025 has decreed that local agencies may collect fees from new development projects and subdivisions within the county for the impacts they have on certain capital improvements, including transportation and transit facilities.

(c) New development and subdivisions within Santa Barbara County should be required to mitigate their transportation and transit facility impacts by constructing, or financing the construction of, the transportation and transit facilities needed to serve the new development and subdivisions.

(d) The County of Santa Barbara is comprised of different regions, and each of these regions has different transportation and transit facility needs that are impacted differently by new development and subdivisions.

(e) The county board of supervisors has (1) adopted, and regularly updates, a Santa Barbara County comprehensive plan circulation element that generally identifies future elements of the county transportation system that may be impacted by new development projects and subdivisions, and (2) has also initiated a program of developing transportation improvement plans which identify the specific transportation and transit facility improvements needed in the various regions of the county that are impacted by new development projects and subdivisions.

(f) County staff periodically prepare reports that address the existing modes of transportation within the county and the demands created by new development projects and subdivisions for new or improved public facilities to accommodate motor vehicles and other modes of transportation.

(g) Documentation gathered by county staff has identified percentages of travelers using different modes of motorized and nonmotorized transportation in the various planning areas of the county.

(h) The board of supervisors has determined that imposition of transportation impact mitigation fees to finance transportation for the county is necessary in order to (1) protect the public health, safety and welfare by the provision of adequate transportation and transit facilities, (2) provide developers or subdividers certainty with regard to their financial obligations, and (3) ensure that new development or subdivisions will not create an undue burden on the interrelated transportation and transit facilities throughout the county.

(i) The transportation impact mitigation fees expected to be generated by new development projects and subdivisions will not exceed the estimated total cost of constructing or providing the transportation and transit facilities necessitated by these new development projects and subdivisions.

(j) There is a reasonable relationship between the need for transportation and transit facilities and the development projects and subdivisions for which the transportation impact mitigation fees authorized by this Ordinance are to be charged, and that there also exists a reasonable relationship between the proposed use of these fees and the type of land use for which the fees are to be charged.

(k) Therefore it is ordered that there is added to the Santa Barbara County Code a new chapter entitled "Transportation Impact Mitigation Fees."

(Ord. No. 4270)

For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed to them by this section:

(a) "Development" or "development project" means any project that involves the issuance of a Santa Barbara County land use permit for construction, reconstruction or remodeling. The term "development" or "development-project" shall also include the erection of manufactured buildings and building structures moved into the county.

(b) "Fee" means a monetary exaction, other than a tax or special assessment, that is charged by the County of Santa Barbara in connection with approval of a development project or subdivision for the purpose of defraying all, or a portion, of the cost of transportation and transit facilities related to the development project or subdivision.

(c) "Land use permit" means a permit, issued as per sections 35-314, 35-169 or 35-482 of the County Code as they presently exist or may hereafter be amended, that allow for the erection, moving, alteration, enlarging or rebuilding of any building, structure, or improvement within the county. This Ordinance only applies to projects that (1) require a land use permit and (2) have a transportation impact. Projects that do not require a land use permit and that have no transportation impact are exempt. These exempted projects include, but are not limited to, the following:

1. Repair and maintenance activities.

2. The construction of fences and walls.

3. The installation of irrigation lines and other underground utilities.

4. The remodeling or reconstruction of structures in which the land use does not change.

5. Minor construction projects including tool and storage sheds, driveways, patio additions, spas, hot tubs, etc., where the gross floor of the land use is not increased such that a transportation impact occurs.

6. The replacement or restoration of conforming buildings or structures that are damaged or destroyed by a disaster with a substantially similar building or structure.

Sections 35-314, 35-169 or 35-482 of the County Code, as they presently exist or may hereafter be amended, also provide additional, specific information regarding projects exempt from land use permits and should be consulted for a conclusive determination.

(d) "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of section 1351 of the California Civil Code, a community apartment project as defined in subdivision (d) of section 1351 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of section 1351 of the California Civil Code, as the same presently exists or may hereafter be amended.

(e) "Transit facilities" includes capital improvements for public transit systems including but not limited to bus turnouts, benches, bus stop covers and bus stop signage. It also includes the related planning, engineering, construction and administrative activity for these capital improvements.

(f) "Transportation facilities" includes but is not limited to roads, road rights-of-way, striping, curbs, gutters, sidewalks, bridges, traffic control devices, street lighting, bike lanes, bike paths and related planning, engineering, construction and administrative activity.

(g) "Transportation impact" includes any project requiring a land use permit, and/or any subdivision of land, which generates one or more additional peak hour motor vehicle trips as determined by the Traffic Manual of the Institute of Traffic Engineers or its successor publication.

(Ord. No. 4270)

Transportation impact mitigation fees may be established pursuant to this chapter by resolution of the board of supervisors to address identified transportation impacts for each planning area of the county. These fees are payable upon approval of final subdivision maps, or the issuance of land use permits, in order to finance the cost of transportation and transit facilities. Planning areas of the county currently include, but are not limited to:

(a) Goleta Planning Area;

(b) Montecito Planning Area;

(c) Summerland Planning Area;

(d) Mission Canyon Planning Area;

(e) Orcutt Planning Area;

(f) Mission Hills—Vandenberg Village Planning Area;

(g) Santa Ynez Valley Planning Area;

(h) Los Alamos Planning Area;

(i) Rural County Planning Area; Planning Areas may be further defined, added, deleted or consolidated by resolution of the board of supervisors.

(Ord. No. 4270)

(a) Any person who, after the effective date of the ordinance codified in this chapter, seeks to develop or subdivide land within the county by receiving approval for a final subdivision map or a land use permit shall be required to pay the appropriate transportation impact mitigation fee(s) established pursuant to this Ordinance (unless exempted as provided herein by section 23C-14), in the manner, amount and for the purposes herein referenced.

(b) No land use permit for any development project shall be issued unless and until the appropriate transportation impact mitigation fee(s) have been paid to the county in accordance with sections 66000 et seq., of the California Government Code, or the development project has been found to be exempt from the payment of these fee(s) as provided by section 23C-14 of this Ordinance.

(c) No final subdivision map shall be deemed approved unless and until the appropriate transportation impact mitigation fee(s) have been paid to the county, or the subdivision has been found to be exempt from the payment of these fee(s) as provided by section 23C-14 of this Ordinance.

(Ord. No. 4270)

Each fee imposed by this chapter shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 1998, by a percentage equal to the appropriate Engineering Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months.

(Ord. No. 4270)

The amount of each fee established pursuant to this chapter may be set and revised periodically by resolution of the board of supervisors. This Ordinance shall be considered enabling and directive in this regard.

(Ord. No. 4270)

Each fee collected pursuant to this chapter shall be deposited in a fund specifically identified by planning area to hold the revenue generated by the fee(s). Monies within this fund in excess of seventy-five thousand dollars may be expended only for specific projects which are identified in the capital improvement plans adopted by the board of supervisors for the various planning areas. Monies within this special fund in an amount less than seventy-five thousand dollars may be expended by the appropriation of the director of public works for specific projects which are of the same category, and in the same planning area, as that for which the money was collected.

(Ord. No. 4270)

The proposed land use of the property to be developed or subdivided shall be used in the computation of the fees required to be paid with respect to any property. If a development or subdivision is proposed to have more than one land use then the applicable fees shall be prorated by parcels, units and/or square footage, as appropriate, attributable to each land use classification. The methodology for calculating all fees due, or exemptions allowed, shall be determined by the Santa Barbara County director of public works, or a designee authorized by the director of public works, and approved by the auditor-controller, or a designee authorized by the auditor-controller.

(Ord. No. 4270)

(a) Fees for residential land uses shall be calculated per parcel, for final approval of a subdivision map, or by dwelling unit, for issuance of a land use permit.

(b) Fees for commercial and industrial developments shall be calculated per parcel, for final approval of a subdivision map, or on the basis of gross square footage (i.e., all of the floor area confined by the outside surface of the exterior walls of a building, except for that floor area devoted solely to vehicle parking and/or vehicle circulation), for issuance of a land use permit.

(c) The fees established pursuant to this chapter shall be detailed in the transportation impact mitigation program fee schedules for the various planning areas of the county and paid at the time of final approval of a subdivision map, or the issuance of any required land use permit, except as otherwise provided herein. All fees shall be collected in accordance with the provisions of California Government Code sections 66007 and 66484, as the same presently exists or may hereafter be amended. Any fee payable pursuant to this chapter may be paid under protest as provided by section 66020 of the California Government Code as it now exists or may hereafter be amended.

(Ord. No. 4270)

(a) A developer of any project, or a subdivider of any land, subject to the payment of fees pursuant to this chapter may appeal to the board of supervisors for a reduction, adjustment, or waiver of any transportation impact mitigation program fee based upon the absence of any reasonable relationship or nexus between the transportation impacts of the project or subdivision and either the amount of the fee(s) charged or the type of transportation or transit facilities to be financed. The appeal shall be made in writing, shall state the factual basis for the claim of reduction, adjustment or waiver, and shall be submitted to the director of public works within fifteen calendar days following the determination of the fee amount.

(b) The director of public works shall review the appeal, develop recommended actions to be taken by the board of supervisors, and submit both the appeal and recommended actions to the board of supervisors for their consideration at a public hearing to be conducted within sixty days after the filing of the appeal. The decision of the board of supervisors shall be final. If a reduction adjustment or waiver is granted, any change in use from the project as approved shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 4270)

(a) The board of supervisors may establish by resolution categories of "beneficial projects" where are eligible for fee reductions or waivers. The resolution will establish administrative procedures for granting fee reductions or waivers.

(b) Any reduction or waiver of transportation impact mitigation fees must be accompanied by a finding of availability of substitute funds to assure that the transportation improvements needed to mitigate the impacts of the project receiving the reduction, adjustment or waiver can be constructed.

(c) Any transportation impact mitigation fee reduction or waiver granted as a result of a fee reduction policy shall apply only to the original specified land use. Any change in land use shall be subject to reevaluation by the county and may result in the imposition of fees previously reduced or waived.

(Ord. No. 4270; Ord. No. 4362, § 1)

(a) Funds collected from transportation impact mitigation fees shall be used for the purpose of (1) paying the actual or estimated costs of constructing and/or improving the pertinent transportation and transit facilities within the county necessary to serve development projects and subdivisions, including any required acquisition of land or rights of way; (2) reimbursing the county for the development's or subdivision's share of those transportation or transit facilities already constructed by the county, or to reimburse the county for costs advanced; or (3) reimbursing other developers or subdividers who have constructed transportation or transit facilities that were beyond those needed to mitigate the impact of their own project or subdivision and which benefit the newly proposed project or subdivision.

(b) In the event that bonds or similar debt instruments are issued for advanced provision of transportation or transit facilities which benefit a proposed project or subdivision, the transportation impact mitigation fees paid by the project or subdivision may be used for debt service on such bonds or similar debt instruments.

(c) Funds may be used to provide refunds, as provided herein.

(Ord. No. 4270)

(a) If a land use permit expires without commencement of construction, the fee payer shall be entitled to a refund of the transportation impact mitigation fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The fee payer shall submit a written request for a refund to the public works director within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

(b) In the event any fee collected pursuant to this Ordinance remains unexpended and uncommitted five or more years after deposit of said fee, the board of supervisors shall make findings once each fiscal year to identify the purpose to which the fee is to be put and demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

(c) The unexpended and uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to subsection B of this section, shall be refunded to the then current owner(s) of record of the development project(s), less any amounts expended as provided herein.

(d) The provisions of California Government Code Section 66001 (d), (e) and (f), as they now exist or as they may be amended, shall apply to any refund of fees remaining unexpended or uncommitted by the county for five or more years after deposit.

(Ord. No. 4270)

The following will be exempted from payment of the transportation impact mitigation fees referenced herein:

(a) Any development project or subdivision that has no transportation impact, as defined by section 23C-2(g) of this chapter.

(b) Any development project that does not require a land use permit (issued as per sections 35-314, 35-169 or 35-482 of the County Code, as they presently exist or may hereafter be amended) that allows for the erection, moving, alteration, enlarging, or rebuilding of any building, structure or improvement within the county.

(Ord. No. 4270)

In-lieu fee credit for the construction of transportation facilities and service improvements is allowable under the following conditions:

(a) Only the costs of transportation or transit facilities listed on, or exempted from, the applicable transportation improvement plan shall be eligible for in-lieu credit.

(b) With prior approval of the director of public works or his/her designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of transportation or transit facility provided by the developer.

(c) Actual construction costs do not include design costs or the cost of environmental review. If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.

(d) An amount of in-lieu credit that is greater than the specific fee(s) required under this chapter may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the director of public works.

(e) If an applicant is required, as a condition of approval for a development permit or a final subdivision map, to construct any off-site transportation or transit facility, and the cost of the facility is determined to exceed the fee due under this ordinance, a reimbursement agreement may be offered in writing by the director of public works. The reimbursement agreement shall contain terms and conditions approved by the public works director, auditor-controller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.

(f) Transportation and transit facilities specifically required exclusively to serve a project or subdivision shall not be eligible for in-lieu fee credit.

(g) A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the public works director to support the request for credit or reimbursement. The public works director shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.

(h) Any claim for credit must be made at or before the time of application for a land use permit or final map approval. Any claim not so made shall be deemed waived.

(i) Credits shall not be transferable from one project or subdivision to another without board of supervisors' approval.

(j) Determinations made by the public works director pursuant to this section may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the public works director.

(Ord. No. 4270)

(a) At least once each fiscal year a proposed capital improvement program detailing the specific transportation and transit facilities to be funded by transportation impact mitigation program fees shall be presented for adoption to the board of supervisors at a noticed public hearing in accordance with Sections 65090 and 66002 of the Government Code, as they now exist or may be amended.

(b) Except for the first year that this ordinance is in effect, no later than sixty days following the end of each fiscal year, the public works director shall submit a report to the board of supervisors identifying the balance of fees in the transportation impact mitigation program fund(s) established pursuant to this chapter, the facilities constructed during the past fiscal year, and the facilities proposed for construction during the current fiscal year. In preparing the report, the public works director shall adjust the estimated costs of the public improvements in accordance with the appropriate Engineering Construction Cost Index as published by Engineering News Record, or its successor publication, for the elapsed time period from the previous July 1st or the date that the cost estimate was developed.

(c) At a public hearing the board of supervisors shall review estimated costs of the transportation and transit facilities described in the report, the continued need for these facilities, and the reasonable relationship between the need and the impacts of development for which the fees are charged. The board of supervisors may revise the transportation impact mitigation program fees to include additional projects not previously foreseen as being needed.

(Ord. No. 4270)

The provisions of this chapter and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of the laws of the State of California as the same presently exist or may hereafter be amended.

(Ord. No. 4270)

The provisions of this Ordinance and any resolution adopted pursuant hereto shall supersede any previous county ordinance or resolution to the extent the same is in conflict with this Ordinance. Off-site transportation improvement fees existing prior to the effective date of the ordinance codified in this chapter shall remain in effect within each planning area of the county until expressly repealed or modified by resolution of the board of supervisors.

(Ord. No. 4270)

If any section, phrase, sentence, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the remaining portions of this chapter.

(Ord. No. 4270)

Pursuant to California Code section 66017(a), this Ordinance shall be in full force and effect sixty days after the date of its adoption by the board of supervisors.

(Ord. No. 4270)

The clerk of the board is hereby authorized and directed to publish this Ordinance by one insertion in the Santa Barbara News Press, a newspaper of general circulation within Santa Barbara County, within fifteen days of its adoption by the board of supervisors.

(Ord. No. 4270)