Sonora Municipal Code § 3.50 Traffic Impact Mitigation Fees

The city council finds:

A. New development creates a cumulative impact on traffic circulation causing the need for improvement of existing facilities and construction of new facilities to mitigate the impacts;

B. Adequate funding to accommodate this need for traffic facilities is not available;

C. A traffic impact mitigation fee is necessary to finance these additional public necessities by requiring development to pay its fair share, to implement the city general plan, and to ensure that adequate traffic facilities are available to protect the public health, safety and welfare.

(Ord. 669 § 1 (part), 1991.)

Words when used in this chapter, and in resolutions adopted under its authority, shall have the following meanings:

A. "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. In addition, a "development project" will be further understood to not require the extraction of traffic mitigation fees at the time of the issuance of a building permit, upon the planning and building department's determination that the project does not have additional traffic generating potential.

B. "Fee" means a monetary exaction, other than a tax or special assessment, which is charged to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of traffic facilities related to the development project, fees collected in connection with a development agreement adopted pursuant to Title 7, Chapter 4, Article 2.5, (commencing with Section 65864) of the Government Code, or fees imposed pursuant to a reimbursement agreement with the applicant to pay for traffic facilities that exceed the need attributable and reasonably related to the development project.

C. "Applicant" means an owner, lessee of record, or an agent authorized in writing.

D. "Traffic facilities" means traffic circulation improvements.

(Ord. 669 § 1 (part), 1991.)

There is established a fee to be imposed on each development project approved by the city. The city council by resolution shall:

A. Establish the amount of the fee to be imposed on each type of development project;

B. Identify the purpose of the fee;

C. Identify the specific use to which the fee is to be put;

D. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed.

E. Determine how there is a reasonable relationship between the need for the traffic facility and the impacts caused by the type of development project on which the fee is imposed; and

F. Determine how there is a reasonable relationship between the amount of the fee and the cost of the traffic facility or portion of the traffic facility attributable to the development on which the fee is imposed.

(Ord. 669 § 1 (part), 1991.)

A. Fees subject to this chapter, shall be deposited, invested, accounted for and expended pursuant to California Government Code Section 66006. The fees shall be held in separate public facility accounts by the county finance director to be expended for the purpose for which they were collected. The finance director shall allocate fee interest accrued to the accounts for which the original fee was imposed.

B. The finance director shall report to the city council once each fiscal year on any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. The council shall make findings once each fiscal year with respect to any fees reported on to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

C. The city council shall order a refund of unexpended or uncommitted fees for which a need cannot be demonstrated, along with accrued interest, to the then current record owner(s) of lots or units of the development project(s) on a prorated basis. The finance director may refund these fees by direct payment or by off-setting other obligations owed to the city by the then current record owner(s) of the development project(s).

D. If the administrative costs of refunding unexpended or uncommitted fees revenues exceed the amount to be refunded, the city council, after a public hearing for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the affected development project, may determine that the fee revenues shall be allocated for some other purpose for which the fees are collected subject to this chapter that serve the project on which the fee was originally imposed.

(Ord. 669 § 1 (part), 1991.)

A. Except as provided herein, prior to issuance of a certificate of occupancy or date of a final inspection, whichever occurs first, the applicant for a development project shall pay to the city building department the fee amount adopted by council resolution. No blue tag for permanent electrical service may be issued by the city building department on a development project until the fees, as provided herein, that are required at the time of final inspection and/or certificate of occupancy, have been paid.

B. When application is made for the following development projects, the fee shall be paid as provided herein:

1. Low or Moderate Income Households. The fee shall be waived in total for individual residences or residential developments financed under any federal, state or local program which is designated for persons and families of low, moderate or lower income households and which has been approved by the city or financed without government assistance and constructed by, or for, persons and families meeting the qualifications under the government programs. For the purpose of the fee waived, the community development director is authorized to approve government financing programs for the city and to determine whether an applicant satisfies the applicable qualifications under alternative financing. Prior to issuance of a building permit for the subject residential development, the applicant shall provide proof to the city building department that the housing units will be constructed by, or sold, or rented to persons or families of eligible households. The proof shall be in a form prescribed by the building department.

2. All Other Residential Development. The fee for residential development, other than as included in subsection (B)(1) of this section, shall be paid prior to issuance of a blue tag for electrical service or at the time escrow closes if an escrow account has been established for the subject property prior to issuance of a building permit. Prior to the issuance of a building permit for the subject residential development, the applicant shall provide proof to the city building department that an escrow account has been established. The proof shall be in a form prescribed by the building department. The building department shall, prior to issuance of a building permit: (1) submit a demand for payment to the title company at which the escrow account is held for payment of the fee in its entirety at close of escrow and (2) require the property owner to execute a contract to pay the fee within the time specified herein. These contracts shall be lien contracts as provided for by, and shall contain the provisions set forth in Government Code Section 66007. The community development director is authorized to enter into and record these contracts on behalf of the city. Upon satisfaction of the contract, the community development director is authorized to execute a release of lien.

C. Notwithstanding subsections A and B of this section, the city council may require the payment of those fees or charges at an earlier time (e.g. prior to issuance of a building permit) if (1) the city council determines that the fees or charges will be collected for traffic facilities for which an account has been established and funds appropriated and for which the city council has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or (2) the fees or charges are to reimburse the city for expenditures previously made.

D. The fee amount shall be determined by the fee schedule in effect on the date a vesting tentative map or vesting parcel map is approved, or the date a building permit is issued, whichever occurs first.

E. When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, an additional fee payment shall be required only if the fee schedule has been increased during the interim.

F. 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 development that was not included in computing the prior fee.

G. When a fee is paid for a development project and that project is subsequently reduced so that it is entitled to a lower fee, the city building department shall recompute the fee and the county auditor shall issue a partial refund of the fee based on the recomputation.

H. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the county auditor shall refund the fee paid, less any administrative portion of the fee, upon written confirmation from the building department that the building permit has been canceled.

I. No fee shall be due for the reconstruction of any residential, commercial or industrial development project that was damaged or destroyed as a result of a natural disaster, as declared by the city council or governor. Any reconstruction or portion thereof, which substantially increases the size of the damaged or destroyed property shall be deemed to be new construction and shall be subject to the applicable fee.

(Ord. 687 § 1, 1993; Ord. 669 § 1 (part), 1991.)

The city council may waive all or part of the traffic impact mitigation fee as provided for by resolution.

(Ord. 687 § 2, 1993.)