HomeMy WebLinkAboutORD NO 3736ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 15.84
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO A:~TRANSPORTAT;[ON IMPACT
FEE ON NEW DEVELOPMENT.
WREREAS, in the Metropolitan Bakersfield 2010 General Plan it has been established
that land development shall not be permitted unless adequate transportation facilities exist or are
assured; and
WItEREAS, in the Metropolitan Bakersfield 2010 General Plan the policy has been
established that land development shall hear a proportionate share of the cost of the provision of
the new or expanded transportation facilities required by such development; and
WHEREAS, in the Metropolitan Bakersfield 2010 General Plan Circulation Element
(Implementation Measure 33) it has been established that a Transportation Impact Fee Ordinance
is a method of ensuring that land development is adequately supported by a regional
transportation system; and
WKEREAS, the CirculationElement designates the regional transportation system
necessary to support the Land Use Element of the Metropolitan Bakersfield 2010 General Plan;
and
WItEREAS, a transportation impact fee is necessary to provide a regional transportation
system which is closely, systematically and reciprocally related to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan; and
WHEREAS, the requirements of Section 54992 of the California Government Code have
been satisfied as they relate to revision of planning, zoning, development and related processing
fees; and
WtIEREAS, it is necessary to change the existing Transportation Impact Fee program to
more adequately address regional traffic impacts; and
WHEREAS, an initial study was conducted in accordance with Section 15153, State
California Environmental Quality Act Guidelines and it was determined the use of the prior Final
Environmental Impact Report prepared for:the Metropolitan Bakersfield 2010 General Plan is
adequate for this change to the existing Transportation Impact Fee program; and
WHEREAS, all required public notices have been given; and
WItEREAS, this ordinance is in the public interest, necessary for public convenience,
health, welfare and safety; and
WI~EREAS, the provisions of CEQA have been followed;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.84 of the Bakersfield Municipal Code is hereby amended to read as follows:
Sections:
15.84.010
15.84.020
15.84.030
15.84.040
15.84.050
15.84.055
15.84.060
15.84.070
15.84.080
15.84.090
15.84.100
Chapter 15.84
TRANSPORTATION IMPACT FEE
Short title.
Purpose.
Definitions.
Imposition of transportation impact fee.
Computation of fee.
Reduction or waiver for low-income housing projects.
Payment of fee.
Use of funds.
Refund of fee paid.
Exemptions and credits.
Appeal.
15.84.010 Short Title
This ordinance shall be known and may be cited as the "Transportation Impact Fee Ordinance".
15.84.020 Purpose
A. This ordinance is intended to implement and be consistent with the Metropolitan
Bakersfield 2010 General Plan.
B. The purpose of this ordinance is to regulate the use and development of land to assure that
new development bears a proportionate share of the cost of capital expenditures necessary to
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Oi ~IGINAL.
provide a regional transportation system 'consistera with the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan.
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 2010 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 defined in
Section 109 of the Uniform Building Code, 1994 edition, and subsequent editions 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:
1)
2)
3)
4)
s)
6)
7)
8)
9)
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
construction.
Purchase and installation of traffic signalization (including both new and
upgrading signalization).
Construction of curbs, medians, and shoulders in conjunction with new roadway
construction.
Relocating utilities to accommodate new roadway construction.
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.
Ot ;IGINAL
F. "Fee payer" means a person commencing ~. land development activity which generates or
attracts traffic and who is applying to the City for the issuance of a building permit for atype 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 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 inten-uption, 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 often (10) or
more individual units constructed under one permit.
J. "Regional Transportation Facilities List" means those projects in the Metropolitan
Bakersfield 2010 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 to prevent the degradation of roads which are currently below LOS "C" as
shown in the Metropolitan Bakersfield 2010 General Plan - Circulation Element.
K. "Site-related improvements" means capital improvements and right-of-way dedication for
direct access improvements to the development in question. Direct access improvements include
but are not limited to the following:
1)
2)
3)
4)
5)
Site driveways and roads.
Median cuts made necessary by those driveways or roads.
Right turn, left turn, and deceleration or acceleration lanes leading to or
from those driveways or roads.
Traffic control measures for those driveways or roads.
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 non-residential land use
types.
15.84.040 Imposition of Transportation Impact Fee.
Except as provided in Section 15.84.090 of this chapter, any person who applies to the
O/~I~NAL
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, as determined by the Administrator, shall be
required to pay a transportation impact fee in the manner and amount set forth in this ordinance,
provided that the land development activity is consistent with the designations of the Metropolitan
Bakersfield 2010 Plan at the time of the adoption of this ordinance.
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 had been paid at the old location, unless the use at the new location is a replacement
of equivalent use at the new location. If the structure or mobile home so moved is replaced by an
equivalent use within 5 years, no transportation impact fee shall be assessed the replacement use.
If replaced within 10 years, 50% of the otherwise applicable fee shall be paid. If replaced after 10
years, 100% 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 ordinance 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 evaluated to account for
changes in the Regional Transportation Facilities List, changes in cost estimates for the various
projects on the list, the annual Construction Cost Index increase, if any, and any other item which
would change new 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 hearing. Except upon a finding of unusual circumstances by the City Council, in no
instance prior to July 1, 1999, shall the fee be raised more than the Construction Cost Index
increase.
15.84.050 Computation of Transportation Impact Fee
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, non-common or other forms of net square footage.
z)
3)
4)
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 va~ous uses will be assessed.
If'the type of development activLty for which a building permit is applied is not
deafly 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.
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 Administfator shall follow the same procedure to determine
"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 non-residential
fee will utilize the following formula:
Transportation Impact Fee = ADT x Units x Fee per Unit
where the "ADT" is Average Daily Traffic per 1,000 square feet, acre or unit listed; "Units" is the
land use rate (number of 1,000 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.
D. If a fee payer decides not to have the transportation impact fee determined according to
the requirements of this Section, then the fee payer shall prepare and submit to the Administrator
an independent fee calculation study for the land development activity for which the building
permit is sought. The independent fee calculation 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. Upon approval of the study by the
Administrator, the fee determined by the study shall be the transportation impact fee for that
project, and the fee payer no longer has the option to pay the fee as originally determined. Any
decision of the Administrator pursuant to this section may be appealed as set forth in Section
15.84.100.
15.84.055 Reduction or waiver for low-income housing projects.
A. Reduction of fee for rental housing. The fee may be reduced by twenty-five percent
(25%) for those projects where rent levels for all units will be affordable to low-income families as
defined by the Federal Department of Housing and Urban Development. The project units shall
remain affordable for a minimum petiod often (10) 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 low-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 follow the following procedui-e:
a. Pay the current fee as set forth in Section 15.84.050.
b. Submit evidence certifying that the units will be occupied by low-income
tenants. This information shall include any mortgage or rent subsidy contracts
requiting occupancy by low-income families as a condition of approval or recorded
deed restriction restricting occupancy of the units to low-income families, project
data certifying tenant population to be low-income families, project data certifying
tenant occupancy change to a higher income, or any other information deemed
necessmy 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 (25%) 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 following procedure:
a. Pay the current fee required las set forth in Section 15.84.050.
b. Submit evidence that the co~t of the home would change from being
affordable to a low-income family tO being affordable only to a moderate-Income
family solely as a result of payment of the impact fee. Th~s information shall
include a copy of escrow instructions, closing statements, family income tax
statements, loan closing statements ~nd 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.
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 Section 305 and 307 of the Uniform Building Code, International
Conference of Building Officials, 1985 Edition.
B. In lieu of cash, the transportation impact fee may be paid by the use of credits which are
created in accordance with provisions of Section 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.
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 new development. No
funds shall be used for periodic 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 2010 Plan area which are a direct benefit to the City.
B. In the event that bonds or similar debt instruments are issued for advance provision of
road capital improvements for which roads impact fee may be expended, transportation 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 15.84.030(C).
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.
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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 (5) 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 the
prorated basis, pursuant to the provisions of Government Code Section 66001.
15.84.090 Exemptions 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:
1) Alterations or expansions 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
ordinance or the replacement of albuilding, 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 written agreement, zoning
approval or development agreement which, by the written terms thereof, clearly
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 ordinance.
5) A building permit which does not result in any additional generation or attraction
of traffic as determined by the Administrator.
B. Credits may be granted under the following procedure and when proper claims are made
at the time of application for a building permit:
1) No credit shall be given for local roads or payments to special assessment or taxing
district.
2)
3)
4)
All other capital improvements for approved roads on the Regional Transportation
Eacilities List shall be credited against roads impact fees in the amounts to be
established pursuant to paragraph B.3) of this section. However, 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.
When a fee payer requests that a credit be given for construction of any facility
included in the Regional Transportation Facilities List, including dedication of
right-of-way for an approved road permiRed by paragraph B.2) of this section, the
fee payer shall submit a project description in sufficient detail and with complete
costs estimates consistent with the unit costs established by the Regional
Transportation Facilities List support data to permit the Administrator to evaluate
the request. Credit requests for land dedication or roads listed in the Regional
Transportation Facilities List require:
a) Deed to convey title to the appropriate governmental body;
b) Title report prepared within sixty (60) days of submission thereot~
c) Costs consistent with the unit costs established by the Regional
Transportation Facilities List support data.
Credits for construction sh~all be created when the construction is completed and
accepted by the appropriate governmental body for maintenance. Credits for land
dedication shall be created when the title to said land has been accepted by the
City.
C. Fee payers claiming credits shall submit documentation sufficient to permit the
determination of whether such credits claimed are due and, if so, the amount of such credits. The
amount of credit shall be actual documented costs, not to exceed the facility's Regional
Transportation Facilities List total cost nor shall the total credit granted for any one development
exceed the total Transportation Impact Fees attributable to that same development.
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 and Board of Supervisors by filing a written notice of appeal within
ten days after the decision with the City Clerk and Clerk of the Board, setting forth the grounds
for appeal. 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 cost to file a notice of appeal with the Clerk of the
board is three hundred fifty dollars ($350.00).
Appeal of any decision made by the City Administrator shall first be heard by the Board of
Supervisors who shall hear such appeal at a regular meeting no later than four (4) weeks
following the filing of the appeal with the Clerk of the Board. The Board of Supervisors shall
make a recommendation to the City Council which shall be considered by the City Council when a
hearing on the appeal is conducted at a regularly scheduled Council meeting within four (4) weeks
following receipt of the recommendation. The City Council may, upon said hearing, sustain,
modify, reject or overrule the decision of the City Administrator, which decision shall be final and
conclusive.
A reversal of the above procedure will be utilized for an appeal of any decision made by the
County Administrator.
SECTION 2
The final Environmental Impact Report for the Metropolitan Bakersfield 2010 General
Plan is hereby certified and findings as set forth in Exhibit "A" attached hereto and incorporated
as though set forth fully herein are hereby adopted.
SECTION 3
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code
provisions and shall become effective on the effective date of the same ordinance adopted by Kern
County, but in no event less than thirty (30) days from and after the date of its passage.
........... ooo ...........
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I ltEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on I)FC 0 4 1996, by the following vote:
COUNCILMEMBER /x l/kL~t ..'";'~ .-~
~: C~NCI~E~ER ]~ ~
Acting czzY c[E~ ~d:~x O~io Clerk %f:th~-C0uncil
of the City of Bakersfield
DEC 0 4 199~
APPROVF-~9
NI~c-~MAYOR o~he City of Bakersfield
Approved as to form:
C1TY ATTORNEY of the City of Bakersfield
P:\TIFXPHAS E2\ORDIN ANC.TIF
mps
October 24, 1996
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0i '.10iN4 L
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified Acting City Clerk of the City of Bakersfield; and
that on the 5th day of December, 1996 she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3736, passed by the Bakersfield City Council at a
meeting held on the 4th day of December, 1996, and entitled:
AN ORDINANCE AMENDING CHAPTER 15.84 OF THE
BAKERSFIELD MUNICIl:~AL CODE RELATING TO
TRANSPORTATION I/VI~ACT FEE ON NEW DEVELOPMENT
/s/ PAMELA A. McCARTHY
Acting Ci'0y Clerk ofjthe City of Bakersfield