Chapter 15.100
REGIONAL TRANSPORTATION MITIGATION FEE
Sections:
15.100.010 Findings and purpose.
15.100.030 Pittsburg regional transportation mitigation fee fund.
15.100.050 Adoption of study – Annual review.
15.100.060 Credit and reimbursement for construction of facilities.
15.100.080 Findings regarding use of fees.
15.100.090 Fee adjustment or waiver.
15.100.110 Compliance with Government Code Section 66001.
15.100.120 Challenge to regional transportation mitigation fee.
15.100.010 Findings and purpose.
A. Projected new development in the cities of Pittsburg, Antioch, Brentwood and the eastern portion of the county of Contra Costa (the “regional area”) will further congest the eastern portion of the roadways and thoroughfares and increase traffic delays. The construction of bridge and major roadway improvements is necessary to mitigate the transportation impacts caused by such new development.
B. The city of Pittsburg (“the city”) is entering into a joint powers agreement with Contra Costa County, the city of Antioch and the city of Brentwood for the purpose of generating and pooling funds to finance transportation improvements within the regional area (the “JPA”). Under the terms of the JPA, each party is committed to contributing funds towards construction of transportation improvements described in the “Development Program Report for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee,” prepared by and for the Contra Costa public works department, dated March 8, 1994, (the “development program report”).
C. In accordance with the JPA, the city council finds that imposition of a regional transportation mitigation fee is necessary to finance transportation improvements and to pay for new development’s fair share of the construction costs of these improvements. The city council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the fee is imposed, list the specific transportation improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new development and set forth the time of payment.
D. The specific transportation improvements to be financed by the fee are described in the development program report on file with the city clerk and which the council hereby approves. The costs of the transportation improvements are uniformly distributed per each dwelling unit or each square foot of building space throughout the entire regional area, with the fees assessed to the various land use categories in proportion to the number of daily trips generated. [Ord. 1083 § 1, 1994.]
15.100.020 Definitions.
A. “Building permit” means the permit issued or required for the construction, improvement or remodeling of any structure pursuant to and as defined by the city building code.
B. “City” means the city of Pittsburg and all property located within the geographical area within the city of Pittsburg sphere of influence.
C. “County” means the county of Contra Costa.
D. “Department” means the city community development department.
E. “Development program report” means the study, including any amendments thereto adopted by resolution by the city council, for the financing of designated transportation improvements and services within the city including, but not limited to, a designation of those improvements to be constructed with the mitigation fees collected under this chapter, the schedule for commencement of construction, the estimated costs of constructing the improvements, or providing the services designated therein and projected development within the regional area. The initial study is entitled the “Development Program Report for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee,” prepared by and for the Contra Costa public works department, dated March 8, 1994.
F. “Director” means the city engineer.
G. “East Contra Costa regional transportation planning committee” means the planning committee authorized under the provisions of the Measure C Ordinance and expenditure plan for east county.
H. “Pittsburg regional transit fund” means that special interest-bearing trust fund established under PMC 15.100.030 and entitled the Pittsburg regional transportation mitigation fee fund.
I. “Region” or “regional area” means East Contra Costa County including the territories of the cities of Antioch, Brentwood and Pittsburg and the unincorporated portion of the county, the boundaries of which are generally coterminous with the boundaries of the East Contra Costa regional transportation planning committee.
J. “Single-family residential development” includes an individual unit and duet home with one shared wall and a residential condominium.
K. “Transportation improvements” or “improvements” means those improvements described in the development program report including, but not limited to, construction of the Buchanan Road Bypass, improvements to State Route 4 between Bailey Road and the State Route 4/160 Junction, and construction of the State Route 4 Bypass (or the Delta Expressway). [Ord. 1083 § 1, 1994.]
15.100.030 Pittsburg regional transportation mitigation fee fund.
A. The city finance director shall create for the city a special-interest bearing trust fund entitled the Pittsburg regional transportation mitigation fee fund into which all amounts collected under this chapter from the regional transportation mitigation fees shall be deposited. Alternatively, amounts may be paid into a joint account as authorized by the JPA. The fees shall be expended solely to pay the costs of transportation improvements described in the development program report or to reimburse developers entitled to reimbursement under this chapter. Nothing in this chapter shall preclude the city or redevelopment agency from voluntarily contributing additional funds other than those contained in the Pittsburg regional transit fund for the purpose of constructing transportation improvements described in the development program report.
B. The city finance director shall administer the Pittsburg regional transit fund, prepare the report required annually by Government Code Section 66006(b), and submit the report to the city council for review. [Ord. 1083 § 1, 1994.]
15.100.040 Payment of fee.
A. The property owner shall pay to the department the regional transportation mitigation fee imposed under this chapter in the amount established by city council resolution. The fee shall be paid at the time of issuance of a building permit, or at such earlier time as requested in writing by the city engineer and approved by the city manager and as consistent with applicable law.
B. No building permit shall be issued for property within the city unless the regional transportation mitigation fee for that property is paid as required by this chapter. [Ord. 06-1267 § 5, 2006; Ord. 1083 § 1, 1994.]
15.100.050 Adoption of study – Annual review.
A. The city council adopts the development program report. The city council shall review that study as often as it deems appropriate, and may amend it by resolution at its discretion. Amendments may include, without limitation, revisions to estimates of the cost of the transportation improvements described in the report.
B. Except for improvements approved by the city engineer for construction by a property owner under PMC 15.100.060, all transportation improvements shall be constructed in accordance with the schedule established in the development program report. [Ord. 1083 § 1, 1994.]
15.100.060 Credit and reimbursement for construction of facilities.
A. Upon application by the property owner and upon approval under the JPA, the director may authorize the owner to construct certain on-site and off-site transportation improvements specified in the development program report, or portions thereof, as designated in the report, in lieu of all or a portion of the fee required by this chapter. The owner is entitled to a credit if the owner: (1) constructs the improvements, (2) finances an improvement by cash, assessment district, Mello-Roos community facilities district, or (3) a combination of the above. If so authorized, the credit to be provided to the property owner shall be equal to the estimated cost of the improvement as set forth in the then current development program report, including but not limited to unit prices, quantities and project descriptions. The construction of an improvement authorized by this section must be approved by the city and conducted in accordance with the city’s roadway development standards. The property owner must post a bond or other security in a form acceptable to the director for the complete performance of the construction, before credit is given and before issuance of a building permit.
B. The owner is not entitled to a credit for the dedication of land, except as authorized under the JPA.
C. If the amount of the credit is less than the amount of the otherwise applicable fee, the property owner shall pay the difference.
D. If the amount of the credit is greater than the amount of the otherwise applicable regional transportation mitigation fee, the property owner shall be paid the difference only from the Pittsburg regional transit fund, after the project is accepted under the JPA, as described in the development project report or any updates.
To implement this subsection, the property owner and the city shall first enter into a reimbursement agreement, subject to any necessary approval under the JPA. In addition to its other terms, the agreement shall provide that: (1) the general fund of the city is not liable for payment of any obligations arising from the agreement; (2) the credit or taxing power of the city is not pledged for payment of any obligations arising from the agreement; (3) the property owner shall not compel the exercise of the city taxing power or the forfeiture of any of its property to satisfy any obligations arising from the agreement; and (4) the obligation arising from the agreement is not a debt of the city, nor a legal or equitable pledge, charge, lien or encumbrance, upon any of its property, or upon any of its income, receipts or revenue, and is payable only from the development fee deposited into the Pittsburg regional transit fund; or other funds available under and through the JPA. Nothing in this section shall preclude the city or redevelopment agency from voluntarily contributing additional funds other than those contained in the Pittsburg regional transit fund for the purpose of constructing transportation improvements described in the development program report.
E. The construction of improvements by a private owner under this section shall be performed and contracted for only as required by law, including but not limited to compliance with the city standards, and requirements of public works, if applicable to the particular improvement.
F. Nothing in this chapter shall require use of the city’s public bidding procedures in the construction of improvements by a private owner under this section, unless otherwise required by state or federal law. [Ord. 1083 § 1, 1994.]
15.100.070 Other authority.
This chapter is intended to establish a supplemental method for funding the cost of certain improvements and services the demand which will be generated by the level and type of development anticipated in the Pittsburg general plan. The provisions of this chapter shall not be construed to limit the power of the city council to impose any other fee or exactions or to continue to impose existing ones on development within the city but shall be in addition to any other requirements which the city council is authorized to impose, or has previously imposed, within the city. In particular individual property owners shall remain obligated to fund, construct and/or dedicate the improvements, public facilities and other exactions required by the city, including without limitation those required by the city standard details and specifications and other applicable public works standards. Any credits or reimbursements under PMC 15.100.060 shall not include the funding, construction or dedications described in this section. [Ord. 1083 § 1, 1994.]
15.100.080 Findings regarding use of fees.
A. As required under Government Code Section 66001(d), the city shall make findings once each fiscal year (commencing on or about August, 1995) with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is to be put and demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
B. As required under Government Code Section 66001(e), and subject to the JPA, the city shall refund to the current record owner on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be established. The manner of making a refund may be by direct payment, a temporary suspension of fees, or by other means consistent with the intent of Government Code Section 66001 (e). No refund shall be made available from JPA funds. [Ord. 1083 § 1, 1994.]
15.100.090 Fee adjustment or waiver.
A. The developer of a project subject to a fee under this chapter may apply to the director for an adjustment to or waiver of that fee. The waiver of this fee shall be based upon the absence of any reasonable relationship between the impact on transportation facilities of that development and either the amount of fee charged or the type of improvements to be financed.
B. The application shall be made in writing and filed with the development permit application for the project. If no development permit is required, the application for a fee adjustment or waiver shall be made with the application for a building permit. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver.
C. The director shall consider the application at an informal hearing held within 60 days after the filing of the fee adjustment application. The director and applicant may agree to extend the time for hearing. The decision of the director is appealable pursuant to PMC 15.100.100.
D. The applicant bears the burden of proof in presenting substantial evidence to support the application. The director shall consider the following factors in his determination whether or not to approve a fee adjustment or waiver:
1. The factors identified in Government Code Section 66001;
a. The purposes and proposed uses of the fee,
b. The type of development,
c. The relationship between: the fee’s use and the type of development; the need for the improvements and the type of development; and the amount of the fee and the cost of the public facility or the portion attributable to the development on which the fee is imposed; and
2. The substance and nature of the evidence including the development program report and the applicant’s technical data supporting its request. The applicant must present comparable technical information to show that the fee is inappropriate for the particular development. [Ord. 1083 § 1, 1994.]
15.100.100 Appeal procedure.
A. The director is responsible for administering, collecting, crediting, adjusting and refunding development fees. Any administrative decision by the director regarding a fee imposed under this chapter is appealable in accordance with this section. A person seeking judicial review shall first seek an appeal hearing under this section.
B. A person appealing a decision under this chapter shall file a request with the director who is responsible for processing the appeal. The appeal shall be in writing, state the factual and legal grounds for the appeal and shall be filed within 10 calendar days following the decision being appealed.
C. The director shall notify the city manager of the appeal. The city manager shall set the matter for hearing before the city council within 60 calendar days after the date of the notice of appeal, and shall notify the person appealing in writing of the time and place of the hearing.
D. The city council shall conduct the hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The council shall consider relevant evidence presented by the appellant and by the director. The council may defer a decision until after consultation with the JPA governing board, as provided in subsection (G) of this section.
E. The decision of the city council is final, subject to the jurisdiction if any of the JPA governing board, and reviewable by a court under Code of Civil Procedure Section 1094.5.
F. The city adopts Code of Civil Procedure Section 1094.6 for the purposes of judicial review under this section. A petition seeking review of a decision under this chapter shall be filed not later than the ninetieth day following the date on which the decision of the hearing officer (or city council in the event of an appeal) becomes final.
G. An application or appeal under this section shall be subject to review under the JPA by the JPA’s governing boards, as necessary under the terms of the JPA. [Ord. 1083 § 1, 1994.]
15.100.110 Compliance with Government Code Section 66001.
The development program report contains information and analysis which the council finds provides substantial evidence for each of the following findings:
A. The purpose of the fee adopted by this chapter is to provide a source of funding which will be used to construct transportation improvements to mitigate citywide traffic impacts associated with new development occurring between 1994 and 2005.
B. The fee will be used to construct transportation improvements such as the construction of additional lanes, improved median barriers, wider medians, and HOV and mixed flow lanes on projects in the regional area, including construction of the Buchanan Road Bypass, improvements to State Route 4 between Bailey Road and the State Route 4/160 Junction, and construction of the State Route 4 Bypass (or the Delta Expressway). The project list on page 3 of the development program report was used as a basis for estimating costs, but is not intended as a limitation on the projects for which the fee can be imposed. Such projects shall be as determined under the JPA.
C. There is a reasonable relationship between the fee’s use and the type of development projects on which the fee is imposed in that the types of development projects subject to the fee will generate additional traffic which will increase delays and further congest bridges and roadways in the regional area. The additional traffic created by the development projects will result in a need to expand, extend and improve existing transportation facilities and a need to construct new facilities to mitigate the adverse traffic affects that would otherwise result from such development projects. Since the fee will be used for transportation improvements which will mitigate impacts and reduce traffic congestion and delays, and improve noise and air quality citywide and throughout the regional area, the city council finds that there is a reasonable relationship between the use of the fee (transportation improvements) and the type of development projects (residential, commercial and industrial) on which the fee is imposed.
D. State Route 4 between Bailey Road in Pittsburg and the State Route 4/160 Junction in Antioch is a major access route for traffic throughout the regional area. Travelers on Route 4 currently experience significant congestion and delays which are expected to increase significantly in severity as the result of projected development. Expansion of Route 4 and construction of related improvements to Junction 4/160 will increase the flow of traffic, reduce congestion, delays and noise, and improve air quality citywide and throughout the regional area. Based upon this data, the city council finds that there is a reasonable relationship between the need for the Route 4 expansion and related improvements to Junction 4/160 and the types of projects on which the fee is imposed.
E. The construction of a new access route known as State Route 4 Bypass (or the Delta Expressway) extending from the Junction of 4/160 in Antioch to Highway 4 south of Brentwood will reduce congestion and traffic, decrease delays and noise and improve air quality throughout the regional area. Based upon this data, the city council finds that there is a reasonable relationship between construction of the State Route 4 Bypass (or the Delta Expressway) and the types of projects on which the fee is imposed.
F. Buchanan Road is a heavily used thoroughfare for commuter traffic accessing homes and jobs located within the regional area. Buchanan Road is currently exceeding its capacity and travelers frequently experience delays and congestion which are expected to increase in severity as a result of projected development. Construction of the Buchanan Road Bypass extending Sommersville Road to Kirker Pass Road in Pittsburg will reduce congestion, decrease travel time and noise and improve air quality citywide and throughout the regional area. Based upon this data, the city council finds that there is a reasonable relationship between construction of the Buchanan Road Bypass and the types of projects on which the fee is imposed.
G. The regional transportation mitigation fee is being imposed on five types of development projects. For each of those types of projects, the development program report calculated the appropriate fee amount based upon projected development and a trip generation factor designated for each of the five types of development projects. These factors were determined utilizing the Institute of Transportation Engineers (“ITE”), Trip Generation Manual, 4th Edition and results of the East County Traffic Model. The Traffic Model indicates that nonresidential development may reduce the impact on the projects by creating a better employment/housing balance. As a result, the proposed fee is directly related to traffic generated by each particular land use with nonresidential trip generation factors significantly reduced to approximately one tenth of the standard values in the ITE manual. Based upon this data and calculations, the city council finds that the amount of fees attributable to the types of development on which the fee is imposed represents a fair and reasonable distribution of the cost of the transportation improvements for each type of development project used in the development program report. [Ord. 1083 § 1, 1994.]
15.100.120 Challenge to regional transportation mitigation fee.
Any person desiring to challenge the regional transportation mitigation fee imposed under this chapter shall comply with all of the procedural requirements contained in Government Code Sections 66020, et seq. [Ord. 1083 § 1, 1994.]
15.100.130 Severability.
In the event that any provision of this chapter is held invalid or unenforceable by a court of competent jurisdiction, the city council expressly states its intention that the regional transportation mitigation fee shall be deemed an increase in the existing transportation mitigation fee imposed under Chapter 15.90 PMC. [Ord. 1083 § 1, 1994.]