HomeMy WebLinkAboutORD NO 4150ORDINANCE NO. 4 1 5 0
AN ORDINANCE AMENDING CHAPTER 15.84
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO TRANSPORTATION IMPACT
FEE
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.84 is hereby amended to read as follows:
15.84.010 Short title.
This chapter shall be known and may be cited as the "Transportation Impact Fee
Ordinance." (Ord. 3736 § 1 (part), 1996: Ord. 3513 § 1 (part), 1993: Ord. 3429 § 1 (part),
1992)
15.84.020 Purpose.
A. This chapter is intended to implement and be consistent with the most recent
update of the Metropolitan Bakersfield General Plan.
B. The purpose of this chapter is to regulate the use and development of land so
as to assure that new development bears a proportionate share of the cost of capital
expenditures necessary to provide a regional transportation system consistent with the
Circulation Element of the Metropolitan Bakersfield General Plan. (Ord. 3736 § 1 (part),
1996: Ord. 3513 § 1 (part), 1993: Ord. 3429 § 1 (part), 1992)
15.84.030 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the
context, the words set out in this section shall have the following meanings:
A. "Administrator" means the city public works director or designee.
B. "Building permit" means an official document or official certification which
authorizes the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure
within the Metropolitan Bakersfield General Plan Area. In the case of a change in use or
occupancy of an existing building or structure, the term shall specifically include certificates
of occupancy, as those terms are defined in the California Building Code as may be
adopted by the city council.
C. "Capital improvements" means transportation, planning, preliminary
engineering, engineering design studies, land surveys, right-of-way acquisition,
engineering, permitting and construction of all the necessary features for any transportation
facility projects including, but not limited to:
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2.
3.
4.
5.
construction.
6. Purchase and installation of traffic signalization
upgrading signalization).
7. Construction of curbs, medians and shoulders
Construction of new through lanes.
Construction of new turn lanes.
Construction of new frontage or access roads.
Construction of new bridges and widening.
Construction of new drainage facilities in conjunction with new roadway
including both new and
in conjunction with new
roadway construction.
8. Relocating utilities to accommodate new roadway construction.
9. Other capacity increasing improvements, such as transportation systems
measures.
D. "Construction Cost Index" means the ENR Annual Construction Cost Index
(Los Angeles) as published by Engineering News Record, McGraw-Hill Cos.
E. "Expansion" of the capacity of a road means all road and intersection
enhancements and includes, but is not limited to, extensions, widening intersection
improvements, upgrading signalization and improving pavement conditions.
F. "Fee payer" means a person commencing a land development activity which
generates or attracts traffic and who is applying to the city for the issuance of a building
permit for a type of land development activity specified in the current resolution adopting
the Transportation Impact Fee Schedule, regardless if the fee payer owns the land which is
to be developed.
G. "Land development activity generating traffic" means any change in land use,
or any construction or expansion of buildings or structures, or any change in the use of any
building or structure that attracts or produces vehicular trips as determined by the
administrator.
H. "Level of service" (LOS) means a qualitative measure that represents the
collective factors of speed, travel time, traffic interruption, freedom to maneuver, safety,
driving comfort and convenience and operation costs provided by a highway facility under a
particular volume condition as set forth in the 1985 (or current edition) Highway Capacity
Manual.
I. "Major residential facilities" means only multi-family complexes consisting of
ten or more individual units constructed under one permit.
J. "Regional Transportation Facilities List" means those projects in the
Metropolitan Bakersfield General Plan area which are included in the adopted Capital
Improvement Plan annually updated by the city council. These facilities constitute some of
the regional facilities needed to maintain a LOS "C" or prevent the degradation of roads
which are currently below LOS "C" as shown in the Metropolitan Bakersfield General Plan -
- Circulation Element.
K. "Site-related improvements" means capital improvements and right-of-way
dedications for direct access improvements to the development in question. Direct access
improvements include but are not limited to the following: 1. Site driveways and roads.
2. Median cuts made necessary by those driveways or roads.
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3. Right turn, left turn, and deceleration or acceleration lanes leading to or from
those driveways or roads.
4. Traffic control measures for those driveways or roads.
5. Access or frontage roads not identified on Regional Transportation Facilities
List.
L. "Transportation Impact Fee Schedule" means the schedule of fees imposed
on various land use types which is annually adopted by resolution of the city council. This
fee schedule contains the fee per living unit for residential land use types and the fee per
trip for nonresidential land use types. (Ord. 3736 § 1 (part), 1996: Ord. 3513 § 1 (part),
1993: Ord. 3429 § I (part), 1992)
15.84.040 Imposition of transportation impact fee.
A. Except as provided in Section 15.84.090 of this chapter, any person who
applies to the city for the issuance of a building permit to make an improvement to land for
one of the uses which is specified in the current resolution adopting the Transportation
Impact Fee Schedule, and which will generate or attract additional traffic, shall be required
to pay a transportation impact fee in a manner and amount set forth in this chapter
provided that the land development activity is consistent with the designations of the
Metropolitan Bakersfield General Plan.
B. In the case of structures, mobile homes, or recreational vehicles which are
moved from one location to another, a transportation impact fee shall be collected for the
new location if the structure, mobile home or recreational vehicle is a type of land
development listed in the current resolution adopting the Transportation Impact Fee
Schedule, regardless of whether transportation impact fees have been paid at the old
location, unless the use at the new location is a replacement of an equivalent use at the
new location. If the structure or mobile home so moved is replaced by an equivalent use
within five years, no transportation impact fee shall be assessed the replacement use. If
replaced within ten years, fifty percent of the otherwise applicable fee shall be paid. If
replaced after ten years, one hundred percent of the otherwise applicable fee shall be paid.
In every case, the burden of establishing past payment of transportation impact fee or
equivalency of use rests with the fee payer.
C. Nothing in this chapter shall exempt land development from the requirements
of the site plan review policy regarding major retail projects adopted by City Council
Resolution No. 111-83.
D. In the event of development that necessitates a general plan amendment, the
transportation impact fee shall be determined independently of the fee schedule adopted
by resolution and shall be based on the actual impacts of said development. The
independent study shall measure the impact of the development in question on the road
system by following the prescribed methodologies and formats for the study established by
the administrator.
E. Each fiscal year, the administrator shall present to the city council a proposed
fee schedule as defined in Section 15.84.030. The fee schedule shall be adjusted annually
by the annual Construction Cost Index. Also, the fee schedule shall be evaluated to
account for changes in the Regional Transportation Facilities List, changes in cost
estimates for the vadous projects on the list, and any other item which would change new
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development's proportionate share of the cost of the Regional Transportation Facilities List.
This fee schedule shall be adopted by a resolution of the city council following a noticed
public headng. (Ord. 4069 § 1, 2002; Ord. 3736 § 1, (part), 1996: Ord. 3513 § 1 (part),
1993: Ord. 3429 § 1 (part), 1992)
15.84.050 Computation of transportation impact fee.
A. The following rules shall govern the computation of the fee:
1. The reference in the schedule to square feet refers to the gross square
footage of each floor of a building measured to the exterior walls, and not usable, interior,
rentable, noncommon or other forms of net square footage.
2. When more than one land use type is proposed within the same structure
(i.e., an office as part of an industrial complex), each land use type will be calculated
separately and the total of the various uses will be assessed.
3. If the type of development activity for which a building permit is applied is not
clearly specified on the current fee schedule as adopted by resolution, the administrator
shall use the fee applicable to the most nearly comparable type of land use on the above
referenced fee schedule. The administrator shall be guided in the selection of a
comparable type by the report titled "Trip Generation: An Information Report," Institute of
Transportation Engineers (latest edition). If the administrator determines that there is no
comparable type of land use on the above fee schedule, then the administrator shall
determine the fee by:
a. Using traffic generation statistics from the above-named sources; and
b. Applying the formula set forth in subsection B of this section.
4. When a change of use, redevelopment or modification of an existing use
requires the issuance of a building permit, the transportation impact fee shall be based
upon the net increase in the impact fee for the new use as compared to the previous use.
However, Should the change of use, redevelopment or modification result in a net
decrease, no refunds or credits for past transportation impact fees paid shall be made or
credited. The administrator shall follow the same procedure to determine "increase" as is
outlined above for a determination "increase" as is outlined above for a determination of
"comparable use."
B. The Transportation Impact Fee for residential uses shall be as specified in
the current resolution adopting the Transportation Impact Fee Schedule. The computation
of nonresidential fee will utilize the following formula:
Transportation Impact Fee = ADT x Units x Fee per Unit
where the "ADT" is Average Daily Traffic per one thousand square feet, acre or unit listed;
"Units" is the land use rate (number of one thousand square feet, number of acres, number
of units); and "Fee per Unit" is the established fee for each "Unit" proposed. The
established "Fee per Unit" to be used in computing the required fee is specified in the
current resolution adopting the Transportation Impact Fee Schedule.
C. Where there is any question regarding the land use and corresponding ADTs,
the administrator shall make the determination regarding the appropriate ADT. (Ord 3736
§ 1 (part), 1996: Ord. 3513 § 1 (part), 1993: Ord. 3429 § I (part), 1992)
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ORIC~i~,~L
15.84.055 Reduction or waiver for Iow-income housing projects.
A. Reduction of Fee for Rental Housing. The fee may be reduced by twenty-five
percent for those projects where rent levels for all units will be affordable to Iow-income
families as defined by the Federal Department of Housing and Urban Development. The
project units shall remain affordable for a minimum period of ten years.
B. Waiver of Fee for Owner-Occupied Housing. The fee may be waived entirely
for owner occupied housing if it can be demonstrated that the cost of the home would
change from being affordable to a Iow-income family to being affordable to a moderate
income family solely as the result of payment of the impact fee.
C. Documentation Required for Reduction or Waiver of Fee.
1. Rental projects seeking a fee reduction pursuant to subsection A. of this
section shall following the following procedure:
a. Pay the current fee as set forth in Section 15.84.050.
b. Submit evidence certifying that the units will be occupied by Iow-income
tenants. This information shall include any mortgage or rent subsidy contracts requiring
occupancy by Iow-income families as a cendition of approval or recorded deed restriction
restricting occupancy of the units to Iow-income families, project data certifying tenant
population to be Iow-income families, project data certifying tenant occupancy change to a
higher income, or any other information deemed necessary to determine eligibility of the
project for a fee reduction. An agreement to pay the full fee should occupancy change to a
higher income group shall also be submitted.
c. Once it is determined that the project qualifies for a reduction in fee, twenty-
five percent of the fee paid pursuant to Section 15.84.050 will be refunded.
2. Owner-occupied projects seeking a fee waiver pursuant to subsection B. of
this section shall follow the following procedure:
a. Pay the current fee required as set forth in Section 15.84.050.
b. Submit evidence that the cost of the home would change from being
affordable to a Iow-income family to being affordable only to a moderate-income family
solely as a'result of payment of the impact fee. This information shall include a copy of
escrow instructions, closing statements, family income tax statements, loan closing
statements and any other information deemed necessary to determine eligibility of the
project for a fee waiver.
c. Once it is determined that the project qualifies for a waiver of the fee, the
monies paid pursuant to Section 15.84.050 will be refunded. (Ord. 3736 § 1 (part), 1996:
Ord. 3513 § 1 (part), 1993)
15.84.060 Payment of fee.
A. For all projects, the fee payer shall pay the transportation impact fee required
by this chapter to the appropriate city department, as determined by the administrator, on
or before the date of the final inspection, or the date the certificate of occupancy is issued,
whichever occurs first. "Final inspection" and "certificate of occupancy" as used in this
section, have the same meaning as described in the California Uniform Building Code.
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B. In lieu of cash, the transportation impact fee may be paid by the use of
credits which are created in accordance with the provisions of 15.84.090 of this chapter.
C. All funds collected pursuant to this ordinance shall be deposited into the
appropriate Transportation Impact Fee Trust Fund and used solely for the purposes
specified in this chapter. (Ord. 3736 § 1 (part), 1996: Ord. 3513 § 1 (part), 1993: Ord. 3429
§ 1 (part), 1992)
15.84.070 Use of funds.
A. Funds collected from transportation impact fees shall be used for the purpose
of capital improvements to transportation facilities associated with the "Regional
Transportation Facilities List". Such improvements shall be of the type as are made
necessary by the new development. No funds shall be used for pedodic or routine
maintenance. Funds shall be used exclusively for capital improvements within the city or
for projects outside the city but within the Bakersfield Metropolitan General Plan area which
are a direct benefit to the city.
B. In the event that bonds or similar debt instruments are issued for advanced
provision of road capital improvements for which transportation impact fee 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. above.
C. Each fiscal year, the administrator shall present to the city council a proposed
update to the capital improvement plan for road construction projects as set forth in Section
15.84.030C. Such plan shall indicate the approximate location, size, time of availability and
estimates of cost for all improvements to be financed with transportation impact fees. Such
plan shall be updated by the city council at a noticed public hearing as required by
Government Code Section 66002. (Ord. 3736 § 1 (part), 1996: Ord. 3513 § 1 (part), 1993:
Ord. 3429 § 1 (part), 1992)
15.84.080 Refund of fee paid.
A. If a building permit expires, is revoked or is voluntarily surrendered and is
therefore voided, and no construction or improvement of land has been commenced, the
fee payer shall be entitled to a refund, together with any interest accrued thereon, of the
transportation impact fee paid as a condition for its issuance.
B. Any funds not expended or encumbered by the end of the calendar quarter
immediately following five years from the date the transportation impact fee was paid shall
be refunded to the then current owner or owners of lots or units of the development project
or projects on a prorated basis, pursuant to the provisions of Government Code Section
66001. (Ord. 3736 § 1 (part), 1996: Ord. 3513 § 1 (part), 1993: Ord. 3429 § 1 (part), 1992)
15.84.090 Exemption and credits.
A. The following shall be exempted from payment of the transportation impact
fee if claimed at the time of application for a building permit:
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1. Alterations or expansion of an existing building or use of land where no
additional living units will be produced over and above those in the existing use of the
property, the use is not changed, and where no additional vehicular trips will be produced
over and above those produced by the existing use.
2. 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 lawfully permitted building, mobile home or structure,
the building permit for which was issued on or before the effective date of this chapter or
the replacement of a building, mobile home, or structure that was constructed subsequent
thereto and for which the correct transportation impact fee, which was owed at the time the
building permit was issued, was paid or otherwise provided for, with a new building, mobile
home, or structure of the same use and at the same location, provided that no additional
vehicular trips will be produced over and above those produced by the original use of the
land.
4. A building permit for which the transportation impact fee thereof has been or
will be paid or otherwise provided for pursuant to a wdtten agreement, zoning approval or
development agreement which, by the written terms thereof, cleady and unequivocally was
intended to provide for the full mitigation of such impact by enforcement of the agreement,
zoning apprOval or development order, and not by the application of this chapter.
5. A building permit which does not result in any additional generation or
attraction of traffic as determined by the administrator.
B. Transportation fee credits may be granted under the following procedures
and when proper claims are made at the time of application for a building permit.
1. Credit requests for construction of any facility included in the Regional
Transportation Facilities List require:
a. a project description in sufficient detail; and
b. a complete cost estimate consistent with the unit costs established by the
Regional Transportation Facilities List; and
c. any additional support data required to permit the administrator to evaluate
the request.
2. Credit requests for land dedication included in the Regional Transportation
Facilities List require:
a. a deed to convey title to the appropriate governmental body; and
b. a title report prepared within sixty days of submission thereof; and
c. a complete cost estimate consistent with the unit costs for rights-of-way
established by the Regional Transportation Facilities List.
3. Notwithstanding the above, no credit for rights-of-way shall be granted unless
said rights-of-way are specifically included in the Regional Transportation Impact Facility
List or, when a part of a City capital project (i.e., eminent domain or rights-of-way
negotiation).
4. Notwithstanding the above, no credit shall be given for local roads or
payments to special assessment or taxing districts.
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5. Determination of whether a capital improvement will be approved for credit
purposes lies exclusively with the administrator, unless the improvement is required under
state or city development approval, in which case credits shall be given to the extent
required by law.
C. Credits granted under this section shall not exceed the actual documented
costs, or, the facility's Regional Transportation Facilities List total cost, whichever is less.
D. Unless provided for pursuant to a City approved Transportation Impact Fee
Credit Agreement, credits for construction shall be created when the construction is
completed and accepted by the appropriate governmental body for maintenance, credits
for land dedication shall be created when title to said land has been accepted by the city,
and the total credit granted for any one development shall not exceed the total
Transportation Impact Fees attributable to that same development. (Ord. 3736 § 1 (part),
1996: Ord. 3513 § I (part), 1993: Ord. 3429 § I (part), 1992)
15.84.100 Appeal.
Any decision made by the city administrator in the course of administering this
chapter may be appealed to the city council by filing a written notice of appeal with the city
clerk. The written notice of appeal shall set forth the grounds of the appeal and shall be
filed within ten calendar days after the decision of the city administrator. The cost to file a
notice of appeal with the city clerk shall be as set forth in Chapter 3.70 of the Bakersfield
Municipal Code. The city council may, upon said headng, sustain, modify, reject or overrule
the decision of the city administrator, which decision shall be final and conclusive. (Ord.
4085 § 1, 2002: Ord. 3736 § 1 (part), 1996: Ord. 3513 § 1 (part), 1993: Ord. 3429 § 1
(part), 1992)
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirbj (30) days from and after the date of its
passage.
........ oo0oo ........
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adol~ted_b~the
Council of the City of Bakersfield at a special meeting thereof held on SFP [~Z[~Q3
, by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and EX OFFICIO (~the
Council of the City of Bakersfield~
APPROVED:
By:~:~~~
HARVEY L HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By~ Vl~c--~~!~ G~I~INA~ -
~- - Deputy City Attorne~
VG:alj
S:\COUNClL\Ords\I 5.84Transportationlmpact Fee,dcc
--Page 9 of 9 Pages --
OF-J{' ~
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 23rd day of September , 2003 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4150 , passed by
the Bakersfield City Council at a meeting held on the 15th day of September 2003
and entitled:
AN ORDINANCE AMENDING SECTION 15.84 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
TRANSPORTATION IMPACT FEE
~si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU'I'~ City Clerk