Seal Beach Municipal Code Ch. 4.10 Transportation Impact Development Fee

The city council previously has established a transportation facilities and programs development fee that imposes upon commercial, industrial and residential development projects an equitable share of the cost of mitigating future transportation facility and program needs created by such projects.

(Ord. 1515)

For the purposes of this chapter, the following words and phrases shall mean:

Application Fee:

the transportation facilities and program development application fee.

Building Permit:

as defined in the Uniform California Code.

Certificate of Occupancy:

a permit to occupy and use a building.

Developer:

an applicant for a building permit for a development project.

Development Project:

(1) a construction or addition of commercial or industrial floor area that requires a building permit; (2) a construction of residential dwelling units that requires a building permit; and (3) a change of property use that requires a building permit and that will generate additional daily trips above the amount that can be reasonably associated with the current use of such property.

Public Facilities:

publicly owned or operated buildings and structures used for conducting government business. "Public facilities" includes without limitation: City Hall; police and fire stations; offices; and equipment yards. "Public facilities" does not include private commercial development projects on leased public land.

Transportation Facilities:

projects to improve the city's transportation system that require physical alteration of such system. Examples of transportation facilities include, without limitation: roadway improvements; signalization improvements; and other ancillary public right-of-way improvements.

Transportation Impact Fee:

the transportation facilities and programs development fee.

Transportation Programs:

projects to improve the city's transportation system that do not require physical alteration of such system. Examples of transportation programs include, without limitation: ride sharing programs; transit subsidies; alternative work week scheduling; and education/marketing programs designed to reduce automobile trips.

Transportation System Facilities and Programs Improvement Plan:

a program for improving the city's transportation system in order to mitigate the adverse impacts on such system resulting from a new development project.

Trip Generation Rate:

the number of peak-trips generated by each type of commercial, industrial or residential development project.

(Ord. 1515)

A. Except as otherwise provided in this chapter, developers shall pay a Transportation Impact Fee in an amount established by city council resolution. The transportation impact fee generally shall be calculated as follows:

1. The additional development in the city anticipated to be constructed by January 1, 2000 shall be determined.

2. Using generally accepted trip generation rates, the number of peak-time trips generated by the additional development shall be determined. The trip generation rate for each land use category used in developing the aggregate future trip project shall be set forth in the city council resolution establishing the transportation impact fee amounts.

3. The cost to construct transportation facilities and implement transportation programs to mitigate the additional peak-time trips shall be determined.

4. The cost of new facilities and programs shall be divided by the number of additional peak-time trips to establish a trip cost factor.

5. The trip cost factor shall be multiplied by either the peak-trip generation rates per square foot for commercial and industrial development, or by the peak-trip generation rates per residential dwelling unit, to establish the transportation impact fee for the development project.

B. Except as otherwise provided in this chapter, developers shall pay an application fee in an amount established by city council resolution. Such fee shall be based on the estimated administrative and personnel costs of determining the transportation impact fee amount to be paid by the developer.

C. The city manager shall be responsible for calculating the fees required by this section. This calculation shall be made at the time of application for the building permit for the development project.

D. The city council shall approve a transportation system facilities and programs improvement plan prior to or concurrently with the resolution establishing the amounts of the transportation impact fee. The plan shall describe the nature and extent of these improvements and their associated cost estimates.

(Ord. 1515)

The following development projects are exempt from the requirements of this chapter:

A. Public facilities.

B. Public elementary schools and secondary schools.

C. Multiple family residential developments with more than 25% affordable housing dwelling units.

D. Residential development that will not result in an increase in dwelling units over those existing on the project's site.

E. Development projects for which all discretionary permits have been granted prior to October 25, 1989. This exemption does not override any condition of approval that requires payment of fees for mitigation of adverse traffic impacts.

(Ord. 1515)

A. The application fee shall be paid at the time a building permit application is submitted for a development project that is subject to the transportation impact fee.

B. The transportation impact fee shall be paid as follows:

1. Commercial/Industrial Development Projects. The fee shall be paid at the time of building permit issuance for commercial or industrial development projects. Notwithstanding the preceding, if a commercial or industrial development project will be constructed in phases, and if separate building permits will be issued for each phase, then the fee may be paid separately for each phase in proportion to the percentage of the project's floor area to be constructed pursuant to each building permit. Alternatively, the fee shall be paid in full at the time of the issuance of the first building permit.

2. Residential Development Projects. The fee shall be paid prior to final inspection for the first dwelling unit of the project. For purposes of this provision, "final inspection" has the meaning set forth in Government Code Section 66007. If the fee is not paid prior to issuance of the building permit for the project, then the developer shall execute a contract with the city guaranteeing payment of the fee prior to final inspection. Such contract shall be recorded with the county recorder and shall constitute a lien for the payment of the fee. The lien shall be enforceable against successors in interest to the developer. Such contract also shall require the developer to provide appropriate notification of the opening of any escrow or the sale of the property for which the building permit is issued and to provide escrow instructions that the fee shall be paid from the sale proceeds in escrow prior to disbursement of proceeds to the seller.

(Ord. 1515)

The city council may approve adjustments or waiver of the transportation impact fee, or modification of the payment schedule, upon request of affected developers. Any such request shall be made on an application form provided by the city and shall be submitted no later than the time of the building permit application. The city council shall consider the request at a public hearing within 60 days after the filing of a complete application. No adjustment or waiver of the transportation impact fee shall be approved unless the city council finds that there is not a reasonable relationship between the development project's impact on transportation facilities and programs in the city and either the fee amount or the type of transportation facilities or programs to be provided. No modification of the fee schedule shall be approved unless the city council finds that there are special circumstances applicable to the developer or the development project that justify a different schedule.

(Ord. 1515)

A. Upon application, transportation impact fees collected by the city shall be refunded if either of the following circumstances is shown to have occurred: (1) the fee was erroneously collected; or (2) the development project's building permit has expired and no extension has been granted.

B. Refund applications for fees collected erroneously shall be filed no later than 90 days after payment of the fee. Refund applications for fees pertaining to abandoned projects shall be filed no later than 90 days after the expiration of the building permit.

(Ord. 1515)

A person shall be entitled to a reduction in the amount of the fees required by this chapter in an amount determined by the city manager if that person constructs transportation facilities that are included in the transportation system facilities and programs improvement plan applicable to the development project constructed by such person.

(Ord. 1515)

Pursuant to Government Code Section 66006, there is a separate reserve account in the city's general fund entitled the "Transportation Facilities and Programs Improvement Fund." The fees paid pursuant to this chapter shall be placed into such reserve account and used solely for the purpose of providing transportation facilities and programs within the city. All monies in the reserve account shall be held separate from other city funds, and all interest or other earnings of the reserve account shall be credited to that account.

(Ord. 1515)

All monies and interest in the transportation facilities and programs improvement fund shall be expended on transportation facilities and programs approved by the city council. Such expenditures may include without limitation the following:

A. Reimbursement of costs incurred by the city for development of transportation facilities and programs. Reimbursable costs include without limitation expenses related to the following: land acquisition; planning; legal advice; engineering; design; construction; and equipment.

B. Reimbursement of costs incurred by the city in connection with the administration of the reserve account.

C. Issuance of bonds or notes, secured by the reserve account, for the provision of transportation facilities and programs.

D. Land acquisition, planning, design and construction (including rehabilitation) that result in the provision of transportation facilities and programs.

(Ord. 1515)

Prior to July 1st, during the budget review process, the city council shall review the degree to which fees collected pursuant to this chapter are mitigating the impacts caused by new development projects on transportation facilities and programs. Five years after the effective date of this chapter, the city council shall consider a report by the director of development services reviewing the transportation impact fee formula in order to determine whether any adjustments are warranted.

(Ord. 1515)

This chapter shall not limit the city's police power authority to require, as a condition of development, additional transportation facilities and transportation programs by persons using real property within the city.

(Ord. 1515)