Chapter 15.90
TRANSPORTATION MITIGATION FEE
Sections:
15.90.010 Findings and purpose.
15.90.030 Pittsburg roadway and transit fund.
15.90.050 Adoption of study – Annual review.
15.90.060 Repealed.
15.90.070 Dwelling unit equivalent factor.
15.90.080 Credit and reimbursement for construction of facilities.
15.90.100 Findings regarding use of fees.
15.90.110 Fee adjustment or waiver.
15.90.130 Compliance with Government Code Section 66001.
15.90.140 Regional transportation mitigation fee.
15.90.010 Findings and purpose.
A. In order to implement the goals of the circulation element of the city’s general plan and, more specifically, the transportation improvements contained in the capital improvement program, and to mitigate the transportation impacts caused by new development in the city, certain public road improvements must be or had to be constructed. The city council has determined that a transportation mitigation fee is needed to finance these public improvements and to pay for new development’s fair share of the construction costs of these improvements. In establishing the fee described in this chapter, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 64913.2, has considered the effects of the fee with respect to regional housing needs and the city’s housing needs as established in the housing element of the general plan.
B. The purpose of this chapter is to implement the general plan requirements set forth in subsections (A) and (B) of this section and, under the authority of Article XI, Section 7 of the California Constitution, to impose a transportation mitigation fee to fund the cost of certain facilities and services, the demand for which is directly or indirectly generated by the type and level of new development proposed in the city general plan.
C. It is the further purpose of this chapter to require that adequate provision is made for developer-financed facilities and services within the city limits as a condition to the approval of new development.
D. A transportation mitigation fee is hereby established on issuance of a building permit for development in the city to pay for transportation improvements. The city council shall, in a council 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 type of new developments and set forth time for payment.
E. The specific transportation improvements to be financed by the fee are described in the most recent “Pittsburg Local Transportation Mitigation Fee (LTMF) Program Update,” adopted by council resolution and on file with the city clerk.
F. New development will generate new trips which must be accommodated by transportation facilities. The amount of trips generated and, therefore, the benefit gained, varies according to the kind or use. Therefore, a “dwelling unit equivalent” (DUE) factor was developed to convert the new trip generation rates for each general plan land use into as ratio of the particular use’s rate to the rate associated with a low-density, single-family dwelling unit. It follows that the fee per unit of development is directly proportional to the DUE associated with each particular use. [Ord. 06-1281 § 2, 2007; Ord. 1033 § 1, 1992.]
15.90.020 Definitions.
A. “Acreage” means the gross acreage of any property within the city general plan area minus the acreage of the dedicated right-of-way of those thoroughfares designated in the circulation element of the city general plan which are located on such property.
B. “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.
C. “Costs” means the amount spent, or authorized to be spent, in connection with the planning, financing, acquisition and the costs of land, construction, engineering, administration, and consulting fees.
D. “City of Pittsburg” means all property located within the geographical area within the city of Pittsburg sphere of influence.
E. “Department” means the engineering department.
F. “Director” means the city engineer.
G. “Dwelling unit equivalent factor (DUE)” is a conversion factor used to reflect the new traffic generation intensity and roadway use, for each land use, with respect to the same characteristics for a low-density, single-family detached dwelling unit in a residential use category (“RL” low density) based on the Pittsburg traffic mitigation fee study.
H. “Estimated cost” means the total estimated cost of constructing a facility, as set forth in the city traffic mitigation fee study.
I. “Facilities” means those public facilities described in the Pittsburg traffic mitigation fee study.
J. “Mitigation fee” means the fee levied by this chapter upon the issuance of a building permit.
K. “Pittsburg roadway and transit fund” means that special interest-bearing trust fund established under PMC 15.90.030.
L. “Pittsburg traffic mitigation fee study” means the study, including any amendments thereto, adopted by resolution by the city council for the financing of designated facilities and services within the city including, but not limited to, a designation of those facilities to be constructed with the mitigation fees collected under this chapter, the schedule for commencement of construction, the estimated costs of constructing the facilities, or providing the services designated therein, and the total number of dwelling unit equivalents within the city. The initial study is entitled “Pittsburg Traffic Mitigation Fee Study, March 1992,” and was revised May, 1992, based upon public comment received.
M. “Program fee per dwelling unit equivalent” means the total program costs for a particular category of facilities and services divided by the total number of dwelling unit equivalents identified in the city traffic mitigation fee study for the particular category.
N. “Residential development” means a subdivision map, parcel map, or permit for the original construction or installation of a single-family detached home, single-family attached home, duplex, townhome, condominium, apartment, manufactured home or mobile home. [Ord. 1033 § 1, 1992.]
15.90.030 Pittsburg roadway and transit fund.
A. The city finance director shall create for the city a special interest-bearing trust fund entitled the Pittsburg roadway and transit fund into which all amounts collected under this chapter from transportation mitigation fees shall be deposited. The fees shall be expended solely to pay the costs of roadway and transit facilities described in the Pittsburg traffic mitigation fee study 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 roadway and transit fund for the purpose of constructing roadway and transit facilities described in the Pittsburg traffic mitigation fee study.
B. The city finance director shall administer the Pittsburg roadway and transit fund, prepare the report required annually by Government Code Section 66006(b), and submit the report to the city council for review. [Ord. 1033 § 1, 1992.]
15.90.040 Payment of fee.
A. The property owner shall pay to the city the transportation mitigation fee established by city council resolution. The fee shall be paid prior to the issuance of a building permit or at a time set forth by a fee deferral program established by resolution but certainly no later than the time of final inspection.
B. The applicable transportation mitigation fee shall be determined on the basis of the fee schedule in effect at the time of the building permit, or other applicable permit is issued. If no permit is required, then the fees are payable in the amounts in effect at the commencement of the project. The chief building official or other official designated by the city manager shall determine the amount of the fee in accordance with the standards set forth in the city council resolution.
C. No building permit shall be issued for property within the city unless the transportation mitigation fee for that property is paid as required by this section or is scheduled for payment at a time set forth under a fee deferral program established by resolution but certainly no later than the time of final inspection.
D. The transportation mitigation fees shall also be paid as a condition of an extension or renewal of a public permit issued after passage of the resolution if a fee has not been paid previously. [Ord. 10-1331 § 2, 2011; Ord. 06-1281 § 3, 2007; Ord. 06-1267 § 4, 2006; Ord. 1033 § 1, 1992.]
15.90.050 Adoption of study – Annual review.
A. The city council adopts the Pittsburg traffic mitigation fee study. The city council shall review that study annually, or more often if it deems it appropriate, and may amend it by resolution at its discretion. Amendments may include, without limitation, revisions to estimates of the cost of the roadway and transit facilities described in the study.
B. Except for facilities approved by the city engineer for construction by a property owner under PMC 15.90.080, all facilities shall be constructed in accordance with the schedule established in the Pittsburg traffic mitigation fee study and any updates. [Ord. 1033 § 1, 1992.]
15.90.060 Calculation of fee.
Repealed by Ord. 06-1281. [Ord. 1130 § 6, 1997; Ord. 1033 § 1, 1992.]
15.90.070 Dwelling unit equivalent factor.
A. The dwelling unit equivalent factor is based on the Pittsburg traffic mitigation fee study.
B. The dwelling unit equivalent (DUE) factors utilized to calculate the fee are as follows:
|
LAND USE CATEGORY |
DUE FACTOR |
|
|---|---|---|
|
Residential |
Per Dwelling Unit |
Per 1,000 SF |
|
Rural Estate (RE) |
1.0 |
N/A |
|
Low-Density (RL) |
1.0 |
N/A |
|
Low-Density Hillside |
1.0 |
N/A |
|
Rural Residential (RR) |
1.0 |
N/A |
|
Medium-Density (RM) |
0.6 |
N/A |
|
High-Density (RH) |
0.6 |
N/A |
|
Retirement Community |
0.4 |
N/A |
|
Commercial |
||
|
Neighborhood Commercial (CN) |
N/A |
5.0 |
|
Community Commercial (CC) |
N/A |
3.0 |
|
Service Commercial (CS) |
N/A |
5.0 |
|
Office Commercial (CO) |
N/A |
3.0 |
|
Industrial/Office |
||
|
Combined Industrial (IL, IP, IG) |
N/A |
1.1 |
[Ord. 1033 § 1, 1992.]
15.90.080 Credit and reimbursement for construction of facilities.
A. Upon application by the property owner, the director may authorize the owner to construct certain on-site and off-site roadway and transit facilities specified in the Pittsburg traffic mitigation fee study, or portions thereof, as designated in the Study, in lieu of all, or a portion of, the fee required by this chapter. The owner is entailed to a credit if the owner (1) constructs the improvements, (2) finances an improvement by cash, assessment district, or 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 facility as set forth in the then current Pittsburg traffic mitigation fee study, including, but not limited to, unit prices, quantities and project descriptions. The construction of a facility 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 to the extent that right-of-way or land acquisition costs were included in the estimated cost for the improvement as described in the Pittsburg traffic mitigation fee study or any updates.
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 transportation mitigation fee, the property owner shall be paid the difference only from the Pittsburg roadway and transit fund, after the project is accepted by the city, as described in the Pittsburg traffic mitigation fee study or any updates.
To implement this subsection (D), the property owner and the city shall first enter into a reimbursement agreement. 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 the payment of any obligations arising from the agreement; (3) the land 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 revenues, and is payable only from the development fees deposited in the Pittsburg roadway and transit fund; and (5) the amount of reimbursement at any one time from the fund shall not exceed that portion of the fund which represents the same percentage as the percentage obtained by comparing the amount of fees in the study allocable to the project to the total fees to be collected under the program. (Example: If the project subject to reimbursement was to receive 10 percent of the total fees collected under the program, reimbursement at any point in time to the property owner could not exceed 10 percent of the fees actually collected.) Nothing in this section shall preclude the city or redevelopment agency from voluntarily contributing additional funds other than those contained in the Pittsburg roadway and transit fund for the purpose of constructing roadway and transit facilities described in the Pittsburg traffic mitigation fee study.
E. The construction of facilities 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 for public works, if applicable to the particular facility.
F. Nothing in this chapter shall require use of the city’s public bidding procedures in the construction of facilities by a private owner under this section, unless otherwise required by state or federal law. [Ord. 1033 § 1, 1992.]
15.90.090 Other authority.
This chapter is intended to establish a supplemental method for funding the cost of certain facilities and services the demand for which will be generated by the level and type of development proposed 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 15.90.080 shall not include the funding, construction or dedications described in this subsection. [Ord. 1033 § 1, 1992.]
15.90.100 Findings regarding use of fees.
A. As required under Government Code Section 66001(d), the city shall make findings once each fiscal year (commencing in August, 1993) 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), 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 or 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). [Ord. 1033 § 1, 1992.]
15.90.110 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 public facilities of that development and either the amount of fee charged or the type of facilities 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 15.90.120.
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 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 of it attributable to the development on which the fee is imposed; and
2. The substance and nature of the evidence including the Pittsburg traffic mitigation fee study and the applicant’s technical data supporting its request. The applicant must present comparable technical information to show that the fee in inappropriate for the particular development. [Ord. 1033 § 1, 1992.]
15.90.120 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, stating the factual and legal grounds, 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 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.
E. The decision of the city council is final; it is reviewable by a court under Code of Civil Procedure Section 1094.5.
F. The city hereby 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 nintieth day following the date on which the decision of the hearing officer (or city council in the event of an appeal) becomes final. [Ord. 1033 § 1, 1992.]
15.90.130 Compliance with Government Code Section 66001.
The Pittsburg traffic mitigation fee study 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 roadway projects to mitigate citywide traffic impacts associated with new development occurring between 1990 and 2005 within the city’s sphere of influence.
B. The fee will be used to construct roadway projects throughout the city, including street widening and improvements, traffic signalizations, new road extensions and connections, overcrossings, grade separations and similar improvements. The project list in Section V of the traffic mitigation fee study was used as a basis for estimating costs, but is not intended as a limitation on the projects for which the fee can be used.
C. Each of the types of development projects upon which the traffic fee is imposed contributes to the increase in traffic congestion which is projected for the city. The relationship between the level of traffic impacts and the type of land uses upon which the fee is imposed is based on trip generation rates published by the Institute of Traffic Engineers for 1987 for each type of land use studied. The study also relied upon the Pittsburg Transportation Mitigation Fee Study, 1989. This is described in more detail in Appendix B of the 1992 traffic mitigation fee study. Since the fee will be used for roadway improvement projects which will mitigate these citywide traffic impacts, the city council finds that there is a reasonable relationship between the use of the fee (roadway improvements) and the type of development projects (residential, commercial and industrial) on which the fee is imposed.
D. Currently there is traffic congestion in the city, and this congestion will continue to increase due to the development that is expected to occur in Pittsburg and Eastern Contra Costa County. The need for the planned traffic model projections and the decreased volume to capacity ratios. The improvements will increase the capacity of the transportation system to maintain the existing volume to capacity ratios. Without the projects, there will be a degradation in the volume to capacity ratios. These projections are presented in Section III of the traffic mitigation fee study and in its attachments. Based upon this data, the city council finds that there is a reasonable relationship between the need for the roadway improvements and types of development projects on which the fee is imposed.
E. The traffic impact fee is being imposed on 12 types of development projects. For each of those types of projects, the traffic mitigation fee study calculated the appropriate fee amount based upon current estimates for anticipated project costs and the types of future growth projected by ABAG for the Pittsburg sphere of influence. These calculations are presented in Table 3 of the study. The distribution of the costs are based on trip generation rates for each land use classification which contributes to the degradation in volume to capacity ratios. The cost of maintaining the volume to capacity ratios has been attributed by development type according to its relative contribution to the degradation in the ratio. Based upon this data and calculations, the city council finds that the amount of fees attributable to the types of developments on which the fee is imposed represents a fair and reasonable distribution of the cost of the public facilities for each type of development project used in the study. [Ord. 1033 § 1, 1992.]
15.90.140 Regional transportation mitigation fee.
In the event that any provision of Chapter 15.100 PMC (Regional Transportation Mitigation Fee) is held invalid or unenforceable by a court of competent jurisdiction, then the Pittsburg traffic mitigation fee study adopted under PMC 15.90.050 shall be amended to include 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, and any updates, revisions or amendments thereto. Furthermore, the regional transportation mitigation fee shall be deemed to be an increase in the existing traffic mitigation fee imposed under PMC 15.90.060 and any amendments thereto. [Ord. 1083 § 1, 1994.]