Vallejo Municipal Code Ch. 3.07 Transportation Impact Mitigation Fee

This chapter shall be known and may cited as the "transportation impact mitigation fee ordinance." The city council finds that new residential, commercial and industrial development will cause a need for construction of new transportation facilities in the form of new streets, bridges, signals and other improvements to maintain presently existing levels of service. Additionally, new development will require modifications to or improvements in existing transportation facilities to maintain present levels of service. These findings are based on studies, evidence, and analyses before the city council at the adoption of the ordinance codified in this chapter.

(Ord. 1102 N.C.(2d) § 1 (part), 1990.)

For the purpose of this chapter, the following words and phrases are defined as follows. They shall be construed in such a way unless it is apparent from their use that a different meaning is intended.

A. "Commercial development," as a subcategory of nonresidential development, refers to all nonresidential development that is not encompassed within the definition of industrial development.

B. "Hotel" means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for, sleeping purposes by guests.

C. "Industrial development," as a subcategory of nonresidential development, refers to:

1. Nonresidential units developed for industrial use types, i.e., uses that produce goods on site by methods not agricultural or extractive in nature, as described in the zoning ordinance at Section 16.06.150 et seq.; or

2. Agricultural use types, i.e., on-site production of plant and animal products by agricultural methods, as described in the zoning ordinance at Section 16.06.550 et seq.; or

3. Public storage use types, i.e. storage facilities for use by the general public and classified as "mini-warehouse" by the Institute of Traffic Engineers.

D. "Mobile home" means:

1. A vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used without a permanent foundation, and which is in excess of eight feet in width and forty feet in length; or

2. A dwelling unit having a permanent foundation system, which is transported to the site; is a minimum twenty feet in width; and was either constructed after September 15, 1971, and has an insignia of approval from the California Department of Housing and Community Development, or constructed after July 1, 1976, and has an insignia of approval from the U.S. Department of Housing and Urban Development.

E. "Motel" means a building or group of buildings containing individual sleeping units, designed for use by automobile tourists or transients, with any garage or parking space conveniently located to each unit.

F. "Multifamily residential" means all residential units developed in the city other than single-family dwellings, hotels, or motels. A mobile home in an exclusive mobile home park or subdivision shall be considered multifamily residential for the purposes of this chapter. "

G. "Square foot" or "square feet" means and refers to any such increment of measurement included within the surrounding exterior walls of a building or part of a building, exclusive of vent shafts and courts. It also includes such increments of measurement not provided with surrounding exterior walls but comprising usable area under horizontal projections of roofs or floors above. (Reference: 1988 Uniform Building Code, Section 407.)

H. "Single-family residential" development means one single, detached family residential unit on a legal lot; this definition includes any accessory dwelling units defined in and meeting the requirements of the zoning ordinance.

I. "Unit" refers to an increment of development measured by:

1. Dwellings, in the case of single-family or multifamily residential uses, that are intended to be occupied exclusively by one household;

2. Rooms or suites, in a case of motels and hotels, intended to be used as separate or separable sleeping quarters;

3. A square foot of specified floor space, in the case of nonresidential development. Unit also refers to any new dwellings, rooms, suites or floor area for which payment is due under Section 3.07.040.

(Ord. 1537 N.C.(2d) § 1, 2004: Ord. 1137 N.C.(2d) § 1, 1990: Ord. 1102 N.C.(2d) § 1 (part), 1990; Ord. No. 1804 N.C.(2d), § 3, 9-25-2018)

A. The following fees are established to provide required transportation-related acquisitions, improvements, equipment and facilities for the city. These fees shall be due and paid concurrent with approval and issuance of a building permit for a new unit. However, fees for mobile home trailer lots shall be paid at the time mentioned below. Fees will be paid for any new unit, as well as modifications or alterations to existing units that increase the number of units or square footage.

1. Residential Development.

a. Single-family residential dwelling units, a fee of four thousand five hundred seventy-one dollars will be paid for each unit; and

b. Multifamily residential dwelling units, hotels and motels, a fee of two thousand five hundred seventy-two dollars will be paid for each unit.

2. Nonresidential Development.

a. Commercial Development. The fee charged is two dollars and twenty-two cents per square foot; and

b. Industrial Development. The fee charged is one dollar and thirteen cents per square foot.

3. Mobile Home Units. Fees for these units are payable either prior to the earlier of:

a. State Department of Housing and Community Development plan certification for issuance of a final permit; or

b. City municipal water system approval and implementation of water service.

4. The fee established in this section will be automatically adjusted annually by the percentage increase or decrease in the latest "Engineering News Record Construction Costs Index" for the San Francisco Bay Area. The finance director shall compute the annual adjustment. The first adjustment will be made on July 1, 2006, and on each July 1 of each year thereafter.

B. The city council also may establish other fees to provide funding for required transportation facilities in specific areas of the city. The council may adopt those fees by resolution, and in doing so, will make any findings required by law.

(Ord. 1537 N.C.(2d) § 2, 2004: Ord. 1254 N.C.(2d) § 1, 1992: Ord. 1102 N.C.(2d) § 1 (part), 1990.)

The following rules apply regarding payment of the transportation impact mitigation fee upon alteration of existing structures:

A. The transportation impact mitigation fee will be paid when a structure is to be constructed on or moved to premises already containing a structure if such an activity requires a building or other permit; and if the construction or move also adds an additional residential unit or additional square feet of nonresidential use to the stock in the city.

B. Regardless whether a transportation impact mitigation fee has been paid on a completed, existing structure, if it is altered or modified so that additional units or square feet (as appropriate) are added, a new fee shall be paid. The new fee will be charged only for an additional unit or addition square feet.

C. Addition of a room to an existing residential unit does not constitute an alteration triggering an obligation to pay a fee unless such an addition will create a new unit.

(Ord. 1102 N.C.(2d) § 1 (part), 1990.)

A. Expenditure. Fees in the transportation impact mitigation fee fund account shall be expended only for the facilities the city council identifies by ordinance or resolution. Those fees also shall be expended only to accomplish the purposes for which the fees were collected.

B. Use of Fees. Revenues that the transportation impact mitigation fee generates will be placed in a transportation impact mitigation fee fund and segregated in separate and special accounts under this chapter. Such revenues, along with interest earnings on them, shall be used only for the following purposes:

1. To pay for all direct and indirect costs of design and construction of designated transportation facilities; such expenses include the reasonable costs of internal administration and expenses for outside consultants who perform studies and other work related to such facilities;

2. To reimburse the city for designated transportation improvement facilities it has constructed with funds borrowed or otherwise obtained from other sources. These funds shall not be used to remedy existing deficiencies in such facilities; however, this does not prohibit use of the fees to upgrade or buy into existing service levels by requiring new development to pay for its pro rata share of such an upgrade or buy-in;

3. To pay for or reimburse the costs of program development and ongoing administration of the transportation impact fee program.

(Ord. 1102 N.C.(2d) § 1 (part), 1990.)

A. The city manager or his/her designee shall report to the city council once each fiscal year pursuant to the provisions of subdivision (b) of Government Code section 66006.

B. The report shall be subject to the provisions of subdivision (d) of Government Code section 66001, to the extent applicable.

C. The report prepared pursuant to subsection A of this section shall be made available to the general public and reviewed by the city council pursuant to the provisions of subdivision (b) of Government Code section 66006.

(Ord. 1537 N.C.(2d) § 3, 2004.)

Notwithstanding any other provision in this chapter, every development is responsible for payment of all other applicable fees and taxes the city has adopted, including but not limited to any other fees or taxes imposed under Title 3 of the Vallejo Municipal Code.

(Ord. 1102 N.C.(2d) § 1 (part), 1990.)

A. In-lieu Contributions. The amount of any fee otherwise payable under this chapter may be reduced by:

1. The amount of the estimated construction cost of improvements identified upon original adoption of the ordinance codified in this chapter that a developer and the city agree the developer will construct. That offset shall be based upon plans and specifications the developer prepares and the city engineer approves. However, unless the council adopts an appropriate resolution finding that the public welfare merits such action, no in-lieu contributions shall give recognition if they are required by the city under exercise of its legislative or other authority. If the city and developer agree the developer will construct appropriate improvements, the developer shall enter into an agreement with the city providing for the construction of those improvements; such an agreement will provide adequate security similar to that required under the subdivision ordinance. This provision does not limit the city's right to require construction of improvements that could otherwise be required under its other codes, regulations, or ordinances;

2. If the development occurs within an assessment district, fee benefit area, community facilities district, or otherwise is subject to an assessment, fee or special tax collected specifically to defray costs of providing or constructing improvements identified upon the adoption of the ordinance codified in this chapter, the fee to be collected will be reduced by an amount equal to that portion of the estimated construction cost of the improvements included in assessments, fees or special fees that the development will contribute. The city engineer will determine the amount of creditable construction costs;

3. In no event shall a developer be entitled to an in-lieu suction in excess of the fee otherwise payable pursuant to this chapter.

B. Exemptions. The following projects shall be exempt, in whole or part, from the fee otherwise required by this chapter.

1. Capital improvements, buildings, or structures relate to general government orations; provided, however, that this subsection shall not create an exemption for private commercial or industrial activities conducted on public lands;

2. Temporary uses less than twelve months in duration. No extension of time shall be permitted;

3. Churches, temples, or other properties used primarily for religious worship;

4. Private and public element and secondary schools;

5. Development for which a transportation system management (TSM) programs is implement Such a program must be implemented by council resolution and may exempt the project only for up to thirty percent of the fees to be paid under this chapter.

C. Refunds. Refunds may be given where:

1. The building permit expires and no extensions have been granted for development for which the fee required under this chapter has been collected. It is provided, however, that the claim for such a refund must be filed no later than one year after the expiration date of the building permit or any extension thereof as may have been approved by the city, as the case may be; or

2. A refund is specifically authorized by resolution of the city council. Any amounts so refunded shall be paid to the then-current record owner or owners of the development on a prorated basis. The city may effect such refunding by direct payment, by providing temporary suspension of fees, or by any other means consistent with the intent of Government Code Section 66001.

(Ord. 1102 N.C.(2d) § 1 (part), 1990.)

A developer may appeal to the city council any determination made under this chapter. All appeals shall be in a form prescribed by the public works department and be completed in their entirety. Appeals must be filed within fifteen days of the date of either mailing to the developer any written notice of such determination, or actual notice of such determination, whichever is earliest. An appeal that is not filed within such a period shall be deemed waived. If an appeal is made, the city council shall set the matter for hearing within fifty days of the date of the receipt by the city clerk of the notice of appeal. In making its determination on the appeal, the city council shall follow standards set forth in this chapter; and it must find that its decision is consistent with the public health, safety and welfare.

(Ord. 1102 N.C.(2d) § 1 (part), 1990.)

The provisions of this chapter shall not apply to any person, association, corporation or property as to whom or which it is beyond the power of the city to impose the fee herein provided. If any sentence, clause, section or part of this chapter or any fee imposed on any person or entity is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this chapter or person or entity as the case may be, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter, or its effect on other persons or entities. It is declared to have been the intention of the city council that this chapter would have been adopted had such unconstitutional, legal or invalid sentence, clause, section or part of this chapter not been included herein; or had such person or entity been expressly exempted from the application of this chapter. To this end, the provisions of this chapter are severable.

(Ord. 1102 N.C.(2d) § 1(part), 1990.)