Chapter 14.35
TRAFFIC MITIGATION FEES
Sections:
14.35.040 Traffic mitigation fees.
14.35.050 Disposition of revenues.
14.35.070 In-lieu contributions.
14.35.100 Supplementary provisions.
14.35.010 Purpose.
This chapter has been enacted for the purpose of establishing traffic mitigation fees to defray the actual costs of constructing improvements to mitigate Half Moon Bay traffic and circulation impacts resulting from proposed new development identified in the Half Moon Bay general plan/local coastal plan. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.020 Findings.
A. The Half Moon Bay general plan/local coastal plan identifies projected buildout for the city of Half Moon Bay and the circulation plan for the city.
B. Each new land development project in the city of Half Moon Bay will generate additional traffic within the city limits of Half Moon Bay which will cumulatively cause adverse environmental effects if improvements for traffic circulation are not made.
C. Without a traffic mitigation fee, existing and future sources of revenue will be inadequate to fund a substantial portion of the improvements for traffic circulation which are necessary to avoid the unacceptable level of congestion and related adverse impacts created by expected development within the city of Half Moon Bay.
D. It is the intent of the city council to adopt by this chapter a fair and equitable method of securing the revenues necessary to fund the construction and implementation of necessary traffic circulation improvements.
E. That the proposed improvements are identified in the traffic impact fee study prepared by TJKM Transportation Consultants, which report is incorporated herein by reference. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.030 Definitions.
A. “Construction” shall mean the original construction of a new single-family residence, townhouse, apartment, restaurant, motel or hotel, industrial use, retail use, office use, or golf course.
B. “Traffic improvements” shall mean those improvements identified in the traffic impact fee study prepared by TJKM Transportation Consultants, which report is incorporated herein by reference.
C. “Traffic mitigation fee” shall mean that fee for traffic mitigation identified in Table I of the traffic impact fee study prepared by TJKM Transportation Consultants in Exhibit A in Section 14.35.040. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.040 Traffic mitigation fees.
A. A traffic mitigation fee is hereby imposed on new construction as established by city council Resolution No. 2016-01 in the Development Impact Fee Nexus Study by Michael Baker International dated December 8, 2015, attached thereto as Exhibit “A.” The traffic mitigation fees may be modified from time to time by a resolution of the city council pursuant to a public hearing.
B. To provide for construction cost increases due to inflation, on July 1st of each year, beginning July 1, 1994, the fee shall be increased on the basis of the percentage annual increase shown by the Construction Cost Index (CCI) in the San Francisco area published in the Engineering News Record (ENR) by the McGraw Hill Publication Company. (Ord. C-2016-01 §3, 2016; Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.050 Disposition of revenues.
The fees collected pursuant to this chapter shall be segregated in the general fund and expended solely on the traffic improvements identified in the traffic impact fee study prepared by TJKM Transportation Consultants as presently shown or as may be amended to show in the future. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.060 Collection of fees.
A. The fees set forth in this chapter shall be collected from new construction prior to issuance of a building permit, and for subdivisions prior to approval of a final map.
B. No city official or agency may issue a building permit or a certificate of occupancy until the traffic mitigation fee has been paid. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.070 In-lieu contributions.
A. The traffic mitigation fee set forth by this chapter may be reduced by a credit given for construction by a developer of all or a portion of the improvements identified in the traffic impact fee study prepared by TJKM Transportation Consultants and/or other on-site and/or off-site traffic improvements, subject to the approval by the city council in each case.
B. The amount of the credit shall be approved by the city council on recommendation by the city engineer. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.080 Exemptions.
The following projects are exempt from the provisions of this chapter:
A. Development for which a vesting tentative map application has been accepted as complete or has been approved prior to the effective date of the ordinance codified in this chapter.
B. Capital improvements/buildings related to the operation of the city of Half Moon Bay, county of San Mateo or state of California governmental operations.
C. Temporary uses less than twelve months in duration.
D. Churches, temples and other property used primarily for religious worship.
E. School buildings.
F. Replacement development on a one-to-one basis for residential construction.
G. Additions to residential units.
H. Replacement of commercial units destroyed by fire or natural disaster, provided the floor area is not increased.
I. Applications for vesting tentative maps accepted as complete prior to the effective date of the ordinance codified in this chapter shall pay fees in accordance with Ordinance 20-88. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.090 Refunds.
Where a building permit has expired and no extension has been granted, a refund of fees paid may be given, provided the claim for refund is made within one year after the expiration date of the building permit. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.100 Supplementary provisions.
The fees required by this chapter shall be supplementary to the fees, dedications or conditions imposed on a development of new construction pursuant to city approval or as is imposed by existing state or local law. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).
14.35.110 Severability.
The provisions of this chapter shall be severable. If any portion is found to be unconstitutional, illegal or invalid, the remainder shall survive and remain effective and enforceable. (Ord. C-4-94 §2(part), 1994: Ord. 20-88 §1(part), 1988).