§ 13.32

Unless otherwise specifically described in this chapter, all provisions of chapters 13.04 and 13.08 of this title shall apply to regional transportation impact fees. The definition of "regional transportation impact fees" includes all development impact fees collected to offset the costs associated with the construction of RTIF capital projects as defined herein. The provisions of all other chapters of this title shall not apply to regional transportation impact fees.

(Ord. 1087 § 1 (part), 2006)

(a)

Substantial population and employment growth is expected in San Joaquin County through 2025 and beyond. This growth will cause impacts on the regional transportation network including increased congestion and related impacts unless substantial improvements are completed. The RTIF program is intended to impose a fee to provide funding for transportation and transit improvements that help mitigate these impacts. New development throughout the County will be subject to the fee, which will be proportional to the impact caused on the regional transportation network by such new development. The funding derived from the RTIF program shall be used in combination with other funding available to complete the needed transportation and transit improvements.

(b)

The City Council approves and adopts the RTIF technical report and incorporates it as part of this chapter.

(c)

The City Council finds as follows:

(1)

The purpose of the regional transportation impact fee is to finance RTIF capital projects.

(2)

The fees collected pursuant to this chapter shall be used to finance RTIF capital projects.

(3)

There is a reasonable relationship between the use of the regional transportation impact fee and the types of development projects on which it is imposed because all new development in the City, both residential and nonresidential, generates or contributes to the need for the RTIF capital projects.

(4)

There is a reasonable relationship between the need for the RTIF capital projects and the types of development projects on which the regional transportation impact fee is imposed because all new development in the City, both residential and nonresidential, generates or contributes to the need for the RTIF capital projects.

(5)

The cost estimates set forth in the RTIF technical report are reasonable cost estimates for constructing the RTIF capital projects and the regional transportation impact fees expected to be generated by future development will not exceed the projected costs of constructing the RTIF capital projects.

(Ord. 1087 § 1 (part), 2006)

The regional transportation impact fee enacted pursuant to this chapter is to be collected by the City before the issuance of building permits, or, at approval of any discretionary permit, a building permit is not required, unless an exemption contained in section 13.32.080 of this chapter applies.

(Ord. 1087 § 1 (part), 2006)

This chapter is adopted under the authority of the Mitigation Fee Act, title 7, division 1, chapter 5 of the California Government Code, sections 66000 et seq.

(Ord. 1087 § 1 (part), 2006)

The following words or phrases, when used in this chapter and in resolutions adopted pursuant thereto, shall have the following meanings:

"Development project" or "project" means any project undertaken for the purpose of development including the issuance of a permit for construction or reconstruction, but not a permit to operate.

"Industrial project" means any development project that proposes manufacturing, transportation, logistics or warehousing as identified in the RTIF land use fee category summary.

"Multifamily residential unit" means a development project that uses a single parcel for two (2) or more dwelling units within one or more buildings, including duplexes, townhouses, condominiums, and apartments as identified in the RTIF land use fee category summary.

"Office project" means any development project that involves business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices, personal and laundry services, or similar uses, and religious centers as identified in the RTIF land use fee category summary.

"Participating agencies" means the County of San Joaquin and each of the cities situated in San Joaquin County if such agencies have: (1) adopted a regional transportation impact fee by ordinance or resolution; and (2) entered into the RTIF operating agreement.

"Regional transportation impact program fee" means the fee established by this chapter consistent with the RTIF program and the RTIF operating agreement.

"Regional transportation network" means the regional network of highways and arterials as identified in the RTIF technical report and which may be amended from time to time by SJCOG.

"Residential dwelling unit" means a building or portion thereof, which is designed primarily for residential occupancy by one family including single-family and multifamily dwellings. "Residential dwelling unit" shall not include hotels or motels.

"Retail project" means any development project that includes retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise at a fixed point of sale as identified in the RTIF land use fee category summary.

"RTIF capital projects" are the RTIF program improvements and projects as identified in the RTIF technical report and which may be amended from time to time by SJCOG's adoption and amendment of a "RTIF capital projects report."

"RTIF capital projects report" means the report adopted by SJCOG annually which identifies the RTIF capital projects as amended from time to time by SJCOG.

"RTIF operating agreement" is the regional transportation impact fee program operating agreement establishing the administration of the RTIF program as adopted by each participating agency and SJCOG which may be amended from time to time by the parties thereto.

"RTIF program" is the regional program established by the RTIF operating agreement by the participating agencies and SJCOG to impose, collect and distribute a RTIF program fee to assist in the funding of transportation improvements to the regional transportation network.

"RTIF technical report" means the San Joaquin County Regional Transportation Impact Fee (RTIF) Technical Report dated October 27, 2005, and prepared pursuant to California Government Code, section 66000 et seq., the Mitigation Fee Act.

"Single-family residential unit" means the use of a parcel for only one residential dwelling unit as identified in the RTIF land use fee category summary.

(Ord. 1087 § 1 (part), 2006)

The regional transportation impact fee schedule shall be adopted by resolution after a noticed public hearing before the City Council.

(Ord. 1087 § 1 (part), 2006)

13.32.070 - Fee payment.

(a)

Prior to the issuance of any building permit, the applicant shall pay to the City the regional transportation impact fee as established by resolution of the City Council, unless an exemption as contained in section 13.32.080 of this chapter applies.

(b)

The fee shall be determined by the fee schedule in effect on the date the vesting tentative map or vesting parcel map application is deemed complete, or, in the absence of a vesting tentative map or vesting parcel map application, the date the permit is issued.

(c)

For nonresidential projects, the amount of the fee imposed on the entire development project shall be determined based upon:

(1)

The gross floor area; and

(2)

The predominant use of the building or structure as identified in the building permit.

(d)

For mixed land use projects, which are projects that have both residential and nonresidential uses, the amount of the fee imposed on the entire development project shall be proportionally determined based on the following:

(1)

The fee associated with the type of residence; and

(2)

The predominant use of the nonresidential portion of the project.

(e)

In the event that regional transportation impact fees have previously been paid for an existing building which is a new development project with a new or different fee category, the previously paid fees for that existing building shall be credited against the amount of the fee attributable to the new development project, up to the amount of the previously paid fees. A rebate will not be granted if the change in land use represents a lower fee.

(f)

In the event that RTIF capital projects are constructed by a developer in excess of the development project's regional transportation impact fee obligation or in lieu of payment of such fees by a developer pursuant to an agreement between the developer and the City, the developer may be reimbursed or credited for future application for any costs based on the actual costs of construction of the RTIF capital project incurred by the developer in excess of the amount the fees that apply to the development project.

(Ord. 1087 § 1 (part), 2006)

The following development projects shall not be subject to regional transportation impact fees:

(a)

The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing legal dwelling unit, including an expansion of an existing dwelling unit that does not create an additional dwelling unit;

(b)

The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the established applicable fee rate for that portion of square footage that is new;

(c)

Development projects for which an application for a vesting tentative map authorized by Government Code section 66498.1, which was deemed complete on or prior to March 3, 2006;

(d)

Development projects which are the subject of a development agreement entered into pursuant to Government Code section 65864 et seq., prior to March 3, 2006, wherein the imposition of new fees are expressly prohibited by the development agreement, provided, however, that if the term of such a development agreement is extended after March 3, 2006, the regional transportation impact fee shall be imposed.

(Ord. 1087 § 1 (part), 2006)

13.32.090 - Regional transportation impact fee accounts.

(a)

All fees collected pursuant to this chapter shall be deposited in a RTIF account or RTIF fund and shall not be commingled with other funds. The contents of such fund or account shall be designated solely for the purpose of contributing to the financing of the RTIF capital projects included in the RTIF capital projects report and for the funding of incidental administrative costs. Any interest income earned on the RTIF fund or account shall also be deposited therein and shall only be expended for the purposes as set forth in this chapter.

(b)

Notwithstanding subsection (b)(l)(G) of section 66006 of the Government Code, there shall be no interfund transfer, grant or loan of the RTIF fund or account to other City accounts, funds, programs or fees. However, the City may provide loans, grants or transfers of regional transportation impact fees to other participating agencies or SJCOG, provided that such funds are consistent with the RTIF program and used for the development or construction of RTIF capital projects.

(Ord. 1087 § 1 (part), 2006)

The regional traffic impact fee schedule established by resolution of the City Council shall annually be automatically adjusted by an amount determined by the increase in the engineering construction cost index for the previous year, as published by the Engineering News Record.

(Ord. 1087 § 1 (part), 2006)

Chapter 13.36 - INFRASTRUCTURE MASTER PLAN COST RECOVERY POLICY

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