Wasco Municipal Code Ch. 13.24 Traffic Impact Fee Ordinance

Sections: 13.24.010 Legislative findings. 13.24.020 Short title, authority and applicability. 13.24.030 Intents and purposes. 13.24.040 Rules of construction. 13.24.050 Definitions. 13.24.060 Imposition of transportation impact fee. 13.24.070 Fee schedule. 13.24.080 Computation of the amount of transportation impact fee. 13.24.090 Payment of fee. 13.24.100 Timing of fee payment. 13.24.110 Transportation impact fee trust fund established. 13.24.120 Use of funds. 13.24.130 Refund of fees paid. 13.24.140 Exemption and credits. 13.24.150 Exemptions. 13.24.160 Penalty provisions. 13.24.170 Severability.

The city council of the city finds, determines and declares that:

A. The city must implement its circulation element in order to maintain adopted levels of service, and to ensure that there is correlation of the land use and circulation element of the general plan. This must be done in order to promote and protect the public health, safety and welfare;

B. The California Legislature through the enactment of California statutes has sought to encourage the city to enact impact fees;

C. The imposition of impact fees is an essential method of ensuring that adequate circulation facilities are provided and that the cost of capital facilities are apportioned based on a reasonable relationship between the fee and the type of development necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare;

D. Each of the types of land development described in Section 13.24.470, will generate traffic necessitating the acquisition of rights-of-way, street construction and street improvements;

E. The fees established by Section 13.24.070 are derived from, are based upon, and do not exceed the costs of providing additional rights-of-way, street construction and street improvements necessitated by the new land developments for which the fees are levied;

F. The report entitled "City of Wasco Future Conditions Report," as may be revised from time to time, sets forth a reasonable methodology and analysis for the determination of the unfounded portion of new facilities and the need for and costs for additional rights-of-way, street construction and street improvements in the city. (Ord. 469 §1, 2002).

A. This chapter shall be known and may be cited as the "City of Wasco Transportation Impact Fee Ordinance."

B. The city council of the city has the authority to adopt this chapter pursuant to Article XI of Section 7 of the Constitution of the state of California, and pursuant to Government Code Sections 65300 et seq. 66000 et seq. and 66470 et seq. of California statutes.

C. This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of Section 7 of the Constitution of the state of California. (Ord. 469 §1, 2002).

A. This chapter is intended to assist in the implementation of the circulation element of the general plan.

B. The purpose of this chapter is to regulate the use and development of land so as to assure that circulation facilities needed to service land uses are constructed. (Ord. 469 §1, 2002).

A. The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

B. For the purpose of administration and enforcement of this chapter, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this chapter:

1. In case of any difference of meaning or implication between the text of this chapter and any caption,
illustration, summary table, or illustrative table, the text shall control.

2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

3. Words used in the present tense shall include the future; and words used in the singular number shall
include the plural, and the plural the singular, unless the context clearly indicates the contrary.

4. The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

5. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or
any other similar entity.

6. Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction
shall be interpreted as follows:

a. "And" indicates that all the connected terms, conditions, provisions or events shall apply.

b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any
combination.

c. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly
but not in combination.

7. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning
to all other instances or circumstances of like kind or character.

8. "City engineer" means the city engineer or city officials he/she may designate to carry out the
administration of this chapter.

9. A street right-of-way used to define transportation impact fee district boundaries may be considered
within any district it bounds. (Ord. 469 §1, 2002).

As used in this chapter, the following terms are defined in this section:

"Arterial street" shall have the same meaning as set forth in the Wasco circulation element.

A "capital improvement" includes transportation planning, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any street construction project including, but not limited to:

1. Construction of new through lanes;

2. Construction of new turn lanes;

3. Construction of new bridges or culverts;

4. Construction of new drainage facilities in conjunction with new street construction;

5. Purchase and installation of traffic signalization (including new and upgraded signalization);

6. Construction of curbs, medians, and shoulders; and

7. Relocating utilities to accommodate new street construction.

"Collector street" shall have the same meaning as set forth in the Wasco circulation element.

"Development permit" means a regulatory approval by the city, including ministerial and discretionary actions.

"Engineer" is the city engineer of the city of Wasco.

"Expansion" of the capacity of a road applies to all street and intersection capacity enhancements and includes, but is not limited to, extensions, widening, intersection improvements, upgrading signalization and expansion of bridges or culverts.

"Fee payer" means a person commencing a land development activity which generates traffic and which requires the issuance of a building permit or permit for mobile home installation.

"Independent fee calculation study" means the traffic engineering and/or economic documentation prepared by a fee payer to allow the determination of the impact fee other than by the use of the schedule referenced in Section 13.24.070(A).

"Land development activity generating traffic" means any change in land use or any construction of buildings or structures or any change in the use of any structure that attracts or produces vehicular trips.

"Level of service" has the same meaning as set forth in the Wasco circulation element.

"Major arterial" has the same meaning as set forth in the Wasco circulation element.

"Mandatory or required right-of-way dedication and/or street improvements" means such noncompensated dedications and/or street improvements required by the city.

"Site-related improvements" means capital improvements and right-of-way dedications for direct access improvements to and/or within the development in question. Direct access improvements include, but are not limited to, the following: (1) access streets leading to the development; (2) driveways and streets within the development; (3) acceleration and deceleration lanes, and right and left turn lanes leading to those streets and driveways; and (4) traffic control measures for those streets and driveways.

"Street" has the same meaning as set forth in the municipal code.

"Trip" means a single or one direction vehicle movement with either the origin or destination (exiting or entering) inside the study site.

"Trip ends" means the total of all trips entering plus all trips leaving a designated land use or building type over a period of time. (Ord. 469 §1, 2002).

A. Any person who, after the effective date of this chapter, seeks to develop land within the city by applying for: a building permit; an extension of a building permit issued prior to that date; a permit for mobile home installation; or an extension of a permit for mobile home installation issued prior to that date, to make an improvement to land which will generate additional traffic, is required to pay a transportation impact fee in the manner and amount set forth in this chapter.

B. No new building permit or new permit for mobile home installation for any activity requiring payment of an impact fee pursuant to Section 13.24.070 shall be issued unless and until the transportation impact fee required has been paid.

C. No extension of a building permit or permit for mobile home installation issued prior to the effective date of this chapter, for any activity requiring payment of an impact fee pursuant to Section 13.24.070 shall be granted unless and until the transportation impact fee required has been paid. This subsection shall not apply if the applicant applying for an extension of a building permit or permit for mobile home installation can demonstrate that a good faith effort has been applied to begin construction or that substantial completion has occurred in conformance with the approved building permit or permit for mobile home installation. (Ord. 469 §1, 2002).

A. The council shall establish by resolution, a schedule of transportation impact fees calculated to provide the sum of money necessary to pay the estimated total cost, as set forth in the report entitled "City of Wasco Future Conditions Report." Such schedule shall be conditional and based on the following findings by the council:

1. That the planned transportation facilities are in conformity with the circulation element of the general
plan of the city;

2. That the development of property will require construction or acquisition of planned transportation
facilities and that the fees are fairly apportioned on the basis of benefits conferred on property developed or to be developed or on the need for planned transportation facilities created by proposed or existing
development of property;

3. That transportation facilities planned are in addition to any existing transportation facilities serving the
city at the time of adoption of the circulation element of the general plan are necessary to complete the
planned transportation facilities.

B. The schedule of fees shall be those amounts as established by a resolution of the council and shall remain in effect until subsequently amended. If not explicitly amended by resolution, each July 1st thereafter, the schedule of fees shall be adjusted in accordance with the following criteria:

1. On April 1st of each year the city engineer shall review the current Engineering News Record
Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, CA. When the average of
such indices differs from the average of the indices for the preceding April 1st, the factor of increase or
decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the average
ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual transportation
impact fee rates may be multiplied by the factor to determine the adjusted schedule of fees. The engineer
shall present the new fee schedule for adoption by resolution of council after at least one public hearing.

2. If new improvements are added by an amendment of the circulation element, the engineer shall add to
the schedule of fees the transportation impact fee rates for the new planned transportation facilities
established by the council concurrently with the amendment of the circulation element adding thereto such

new planned transportation facilities.

3. If in the determination of the engineer the adjustment of the schedule of fees produced by the

procedure in subdivision 1 of this subsection is not representative of the actual change in costs of the
planned transportation facilities, the engineer may, in lieu of the procedures set forth in said paragraph,
compute a new schedule of fees for adoption by resolution of the council after at least one public hearing.

4. In the event of the adoption of a new schedule of fees by resolution of the council, such new schedule
shall become effective sixty days after the adoption thereof by the council. The adjustment of such schedule
provided in subdivision 1 of this subsection shall begin the April 1st next occurring after adoption of the new
schedule. (Ord. 469 §1, 2002).

A. At the option of the fee payer, the amount of the transportation impact fee may be determined from the fee schedule established pursuant to Section 13.24.070.

1. If a building permit is requested for mixed uses, then the fee shall be determined by using the applicable
schedule by apportioning the space committed to uses specified on the applicable schedule.

2. For applications for an extension of a building permit or an extension of a permit for mobile home
installation, the amount of the fee is the difference between that fee then applicable and any amount already
paid pursuant to this chapter.

3. If the type of development activity that a building permit is applied for is not specified on the applicable
fee schedule, the engineer shall use the fee applicable to the most nearly comparable type of land use on the
fee schedule. The engineer shall be guided in the selection of a comparable type by the report titled "Trip
Generation" (latest edition) prepared by Institute of Transportation Engineers. If the engineer determines that
there is no comparable type of land use on the applicable fee schedule, then the engineer shall determine the
fee by:

a. Using traffic generation statistics contained in a report titled "Trip Generation" (latest edition)
prepared by Institute of Transportation Engineers; and

b. Applying the formula set forth in Section 13.24.070(B).

4. In the case of change of use, redevelopment or expansion or modification of an existing use which
requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be
based upon the net increase in the number of trips compared to the previous use. The engineer shall be
guided in this determination by traffic generation statistics contained in a report titled "Trip Generation"
(latest edition) prepared by Institute of Transportation Engineers.

B. If a fee payer elects not to have the impact fee determined according to subsection A of this section, then the fee payer shall prepare and submit to the engineer an independent fee calculation study for the land development activity for which a building permit or permit for mobile home installation is sought. The independent fee calculation study shall follow professionally accepted methodologies and formats for a study of this type. The traffic engineering and/or economic documentation submitted shall show the basis upon which the independent fee calculation was made, including, but not limited to, the following:

1. Traffic Engineering Studies.

a. Documentation of trip generation rates appropriate for the proposed land development activity.

b. Documentation of any other trip data appropriate for the proposed land development activity.

2. Economic Documentation Studies.

   a. The engineer shall consider the documentation submitted by the fee payer but is not required to accept documentation that is deemed to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable in-

   dependent fee calculation study is not presented, the fee payer shall pay transportation impact fees based upon the schedules referenced in subsection A of this section. Determinations made by the engineer pursuant to this paragraph may be appealed to the city council by filing a written request with the city clerk within ten days of the engineer’s determination.

C. Upon acceptance of an independent fee calculation study, the engineer shall determine the impact fee pursuant to the formula cost per trip established by resolution of the city council. (Ord. 469 §1, 2002).

A. The fee payer shall pay the transportation impact fee required by this ordinance to the city prior to the issuance of a building permit or a permit for mobile home installation.

B. All funds collected shall be properly identified and promptly transferred for deposit in the transportation impact fee fund as determined in Section 13.24.110 and used solely for the purposes specified in this chapter. (Ord. 469 §1, 2002).

A. Notwithstanding the requirements of Section 13.24.090, the city council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 13.24.090.

B. In adopting the resolution identified in subsection A of this section, the city council shall make the following findings:

1. That the state of the economy in the city is such that the deferment of the fee required by this chapter
will stimulate the economy and enhance the provision of jobs; and

2. That the deferment of the fee required by this chapter will not materially affect the ability of the city to
deliver its capital improvement program.

C. In adopting the resolution identified in subsection A of this section, the city council shall:

1. Identify the point in time at which the fee shall be paid;

2. Identify to which major land use category (i.e., residential, commercial, office and/or industrial) industrial
section or industry the resolution applies;

3. Identify whether or not a contract shall be entered into by and between the property owner, or lessee if
the lessee’s interest appears of record, and the city prior to the issuance of the building permit. If a contract is
required to be executed, it shall be processed and recorded in accordance with Government Code Section
66007(c). In lieu of entering into a contract, if one is required, the fee payer may provide such other form of
surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her
designee and the city attorney;

4. Impose a penalty, equal to one hundred percent of the amount of the fees deferred, on any party who
fails to pay the deferred fee by the point in time specified in such resolution; and

5. Provide that a party who fails to pay such deferred fees by the point in time specified in such resolution
shall further forfeit the future right to defer such fees on parcels in which such party has a financial interest.

D. Companies classified within the following standard industrial codes shall be able to pay their development impact fees over five years without interest or administrative fee. The first installment of twenty percent shall be due upon occupancy and the balance shall be paid in five equal annual installments thereafter and shall be collected on the property tax roll. The collection of the balance due on the property tax roll shall not preclude the earlier payment of any outstanding balance.

2000-2099 Food processing

2200-3999 Certain other manufacturers

4200-4299 Trucking and warehousing

4500-4599 Air transportation

4700-5199 Transportation services and warehouse trade

(Ord. 469 §1, 2002).

A. There is established a separate transportation impact fee fund.

B. Funds withdrawn from this account must be used in accordance with the provisions of Section 13.24.120. (Ord. 469 §1, 2002).

A. Funds collected from transportation impact fees shall be used for the purpose of capital improvements to and expansion of transportation facilities associated with the major arterial, arterial and collector street network as designated by the city and any other transportation projects identified in the circulation element of the general plan.

B. No funds shall be used for periodic or routine maintenance.

C. Funds shall be expended in the order in which they are collected.

D. In the event that bonds or similar debt instruments are issued for advance provision of capital facilities for which transportation impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection A of this section.

E. At least once each fiscal year, the engineer shall present to the city council a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the transportation impact fee to specific road improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in the transportation impact fee fund until the next fiscal year except as provided by the refund provisions of this chapter.

F. Funds may be used to provide refunds as described in Section 13.24.130.

G. The city shall be entitled to retain not more than five percent of the funds collected as compensation for the expense of collecting the fee and administering this chapter. (Ord. 469 §1, 2002).

A. If a building permit or permit for mobile home installation expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the impact fee paid as a condition of its issuance; except, that the city shall retain five percent of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an application for such refund to the city engineer within thirty days of the expiration of the permit.

B. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the transportation impact fee was paid shall, upon application of the then current landowner, be returned to such landowner with any interest incurred thereon; provided, that the landowner submits an application for a refund to the city engineer within one hundred eighty days of the expiration of the six year period. (Ord. 469 §1, 2002).

A. The following shall be exempted from payment of the impact fee:

1. Alterations or expansion of an existing building where no additional vehicular trips will be produced over
and above those produced by the existing or historic use of structure.

2. The construction of accessory buildings or structures which will not produce additional vehicular trips
over and above those produced by the principal building or use of the land.

3. The replacement of a destroyed or partially destroyed building or structure with a new building or
structure of the same size and use provided that no additional trips will be produced over and above those
produced by the original use of the land.

4. The installation of a replacement mobile home on a lot or other such site when a transportation impact
fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home
legally existed on such site on or prior to the effective date of this chapter.

5. Any claim of exemption must be made no later than the time of application for a building permit or
permit for mobile home installation. Any claim not so made shall be deemed waived.

B. Credits.

1. No credit shall be given for site-related improvements or right-of-way dedication.

2. All mandatory or required right-of-way dedications and/or street improvements made by a fee payer,
subsequent to the effective date of this chapter, except for site-related improvements, shall be credited on a
pro rata basis against transportation impact fees otherwise due or to become due for the development that
prompted the city to require such dedications or street improvements. Such credits shall be determined and
provided as set forth in Sections 13.24.140(B)(3)(a), (b), (c) and (d).

3. A fee payer may obtain credit against all or a portion of transportation impact fees otherwise due or to
become due by offering to dedicate offsite improvements. This offer must specifically request or provide for a
transportation impact fee credit. Such construction must be in accordance with city, county or state design
standards, whichever is applicable. If the engineer accepts such an offer, whether the acceptance is before or
after the effective date of this chapter, the credit shall be determined and provided in the following manner:

a. Credit for the dedication of offsite right-of-way shall be valued at (i) one hundred fifteen percent of
the most recent assessed value by the county assessor, or (ii) by such other appropriate method as the
city council may have accepted prior to the effective date of this chapter for particular right-of-way
dedications and/or roadway improvements, or (iii) at the option of the fee payer, by fair market value
established by a certified appraiser. Credit for the dedication of right-of-way shall be provided when the
property has been conveyed at no charge to, and accepted by, the city in a manner satisfactory to the
city council.

b. Applicants for credit for construction of non-site-related street improvements shall submit
acceptable engineering drawings and specifications, and construction cost estimates to the engineer.
The engineer shall determine credit for street construction based upon either these cost estimates or
upon alternative engineering criteria and construction cost estimates if the city engineer determines that
such estimates submitted by the applicant are either unreliable or inaccurate. The engineer shall provide
the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the
credit, and the legal description or other adequate description of the project or development to which
the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate
indicating his agreement to the terms of the letter or certificate and return such signed document to the
city engineer before credit will be given. The failure of the applicant to sign, date, and return such
document within sixty days shall nullify the credit.

c. Except as provided in subsection (B)(3)(d) of this section, credit against impact fees otherwise due
will not be provided until:

i. The construction is completed and accepted by the city;

ii. A suitable maintenance and warranty bond is received and approved by the engineer, when
applicable; and

iii. All design, construction, inspection, testing, bonding and acceptance procedures are in strict
compliance with the then current city standards.

d. Credit may be provided before completion of specified roadway improvements if adequate assurances are given by the applicant that the standards set out in subsection (B)(3)(c) of this section will be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the engineer in an amount determined by the engineer consistent with the then current subdivision ordinance. If the street construction project will not be constructed within one year of the acceptance of the offer by the city engineer, the amount of the security shall be increased by ten percent compounded, for each year of the life of the security. The security shall be reviewed and approved by the engineer prior to acceptance of the security by the city clerk. If the road construction project is not to be completed within five years of the date of the fee payer’s offer, the city council must approve the road construction project and its scheduled completion date prior to the acceptance of the offer by the engineer.

4. Any claim for credit must be made no later than the time of application for a building permit or permit
for mobile home installation. Any claim not so made shall be deemed waived.

5. Credits shall not be transferable from one project or development to another without the approval of
the city engineer.

6. In the event fee schedules are subsequently changed to reflect increases or decreases in construction
costs or other relevant factors, then a fee payer may request a recalculation of credits to fairly reflect such
changed circumstances.

7. Determinations made by the engineer pursuant to the credit provisions of this section may be appealed
to the city council by filing a written request with the city clerk within ten days of the city engineer’s
determination. (Ord. 469 §1, 2002).

A. The city council may, from time to time, authorize whole or partial exceptions to the payment of the transportation impact fee required by Section 13.24.090.

B. If the city council determines to authorize exceptions pursuant to subsection A of this section, the city council shall adopt a resolution to that effect which shall:

1. State the findings made to support the decision to authorize exceptions to the payment of the
transportation impact fee required by Section 13.24.090;

2. Determine which classification(s) of land development activity generating traffic (residential, commercial,
office or industrial) to which they will authorize exceptions to the payment of the transportation impact fee
required by Section 13.24.090;

3. Determine the percentage of the transportation impact fee for each classification of land development
activity generating traffic to which they will authorize exceptions to the payment of the transportation impact
fee required by Section 13.24.090;

4. Make a budget appropriation from the general fund to the transportation impact fee fund, or such other
discretionary fund, equal to the value of the exception;

5. Set a date upon which the resolution expires. If no date is identified, such resolution shall expire at the
end of the then current fiscal year.

C. Upon the issuance of a building permit for a land development activity generating traffic classification which has been determined to be excepted from payment of the transportation impact fee pursuant to this section, the finance director shall transfer from the general fund, or such other discretionary fund as deemed appropriate by the city council, to the transportation impact fee fund an amount equal to the excepted portion of the transportation impact fee.

D. The city council may, by the adoption of a resolution, amend any exceptions or approvals granted pursuant to any resolution adopted consistent with subsection B of this section.

E. It is the intent of this section to provide the city council with a tool to promote the economic development of the city, while at the same time insuring sufficient revenue in the transportation impact fee fund to fund the projects that have been identified as a result of growth and development in the community. It is not the intent of this section to exempt the fee payer from having to construct or pay for site related improvements. (Ord. 469 §1, 2002).

A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction, the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the city shall have the power to sue in civil court to enforce the provisions of this chapter. (Ord. 469 §1, 2002).

If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 469 §1, 2002).