Sebastopol Municipal Code Ch. 3.36 Traffic Impact Fee

In order to implement the goals and objectives of the Circulation Element of the City of Sebastopol’s General Plan, and to reduce the traffic impacts caused by new development within the City limits of the City of Sebastopol, certain public improvements (transportation system infrastructure) must be, or had to be, constructed or additional public transportation services provided. The City Council has determined that a development impact fee is needed in order to finance these public improvements or services, and to pay for a portion of the development’s fair share of the construction costs of the same. In establishing the fee described in the following sections, 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.

A traffic impact fee is hereby established on issuance of all permits for development in the above referenced area, to pay for transportation system infrastructure or public transportation services.

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 development fee is imposed, list the specific public improvements or services to be financed, describe the estimated cost of these facilities or services, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment.

As described in the fee resolution, this development fee is due prior to issuance of a building permit, but may be deferred at the election of the developer until the certificate of occupancy is issued.

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenue, along with any interest earnings on that account, shall be used solely to:

A. Pay for the City’s future construction of facilities or services described in the resolution enacted pursuant to SMC 3.36.020, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources; or

B. Reimburse developers who have been required or permitted by SMC 3.36.040 to install such listed facilities which are oversized with supplemental size, length, or capacity.

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to SMC 3.36.020, which facility is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or reduce the need for the facility or the burdens created by the development.

A developer of any project subject to the fee described in SMC 3.36.020 may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon a showing of one of the following:

A. The absence of any reasonable relationship or nexus between the traffic impacts of that development and either the amount of the fee charged or the type of facilities to be financed; or

B. That the developer has provided on-site traffic impact reduction measures of equal value.

The application shall be made in writing and filed with the City Clerk not later than 10 days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

The ordinance codified in this chapter was adopted at a noticed public hearing, at which time the Council also considered the initial development impact fee resolution, which resolution and associated studies were available to the general public for a period of at least 14 days prior to the public hearing. This fee shall apply to the issuance of any building permit, for all development projects issued 60 days following the passage of the ordinance codified in this chapter. The ordinance codified in this chapter shall be published once within 15 days of its adoption in a newspaper of general circulation within the City of Sebastopol.