HomeMy WebLinkAboutCC ORD 2008-2310 Adds Ch. 4.52, revenue and finance general provisions (4.52)ORDINANCE NO. 2008 — 2310
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 4.52 ESTABLISHLNG AND
APPROVING A TRANSPORTATION DEVELOPMENT IMPACT
FEE FOR CAPITAL IMPROVEMENT PROJECTS NECESSARY
TO MAINTAIN ACCEPTABLE LEVELS OF TRAFFIC
AND TRANSPORTATION SERVICE WITIIIN THE CITY
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 4 is hereby amended by adding Chapter 4.52 to read as follows:
Chapter 4.52
GENERAL PROVISIONS
Sections:
4.52.010 Title.
4.52.020 Authority.
4.52.030 intent and purpose.
4.52.040 Findings.
4.52.050 Definitions.
4.52.060 Applicability.
4.52.070 Transportation Development Impact Fee — Residential.
4.52.080 Transportation Development Impact Fee — Non-residential.
4.52.090 Transportation Development Impact Fee Non-residential: Suspension of
imposition.
4.52.100 Annual adjustment of fee.
4.52.110 Use of fee.
4.52.120 Facilities to be financed by fee.
4.52.130 Developer construction of facilities.
4.52.140 Exemptions.
4.52.150 Fee waivers and reductions.
4.52.160 Refund of fee.
4.52.170 Statutory exemption.
4.52.180 Severability.
4.52.010 'Title. This Chapter shall be known as the Transportation Development
Impact Fee [TDIF1 Ordinance and may be cited as such.
4.52.020 Authority. This Ordinance is enacted pursuant to the Mitigation Fee Act,
California Government Code section 66000 et seq.
Ordinance No. 2008-2310 1 1 ransportation Development Impact Fee
4.52.030 Intent and purpose. The purpose of this Chapter is to make provision for
assessing and collecting fees as a condition of approval of a subdivision map or prior to issuance
of a development permit, including a building permit, to defray the actual or estimated costs of
constructing planned transportation facilities necessary to accommodate increased traffic
generated by future development consistent with §§ 66000 et seq. of the California Government
Code (Mitigation Fee Act). Application of this fee will include, but is not limited to,
development for residential, commercial and industrial land uses.
This TDiF does not replace normal subdivision map exactions or other measures required
to mitigate site specific impacts of a development project including, but not limited to, mitigation
imposed pursuant to the California Environmental Quality Act and imposed as conditions of
approval upon a development project as part of the development review process; regulatory and
processing fees; fees required pursuant to a development agreement; funds collected pursuant to
a reimbursement agreement that exceed the developer's share of public improvement costs; or
assessment district proceedings, benefit assessments, or taxes.
The fees collected pursuant to this Chapter are to fund identified transportation facilities,
or portions thereof, that will provide increased road capacity necessitated by the cumulative
impacts of future development. The transportation facilities fbr which these fees are collected are
identified as "TDIF Facilities" in the adopted Transportation Impact Fee Program Report.
Further studies, including environmental review, may show superior alternative facilities that
also provide the needed increased capacity. Once such studies are completed, fees collected
under this Division may be used to fund those superior alternative facilities.
4.52.040 Findings. The City Council of the City of National City, consistent with
California Government Code §§66000 et seq. of the Mitigation Fee Act, finds that:
A. The further development of property within the City, as detailed in the
Transportation Impact Fee Program Report, will require the construction of additional
transportation facilities. In addition, San Diego Association of Governments (SANDAG) policy
as expressed through the TransNet Extension Ordinance and Expenditure Plan is that new
development shall contribute towards the Regional Arterial System through the Regional
Transportation Congestion Improvement Program (RTCIP). The RTCIP has an impact fee
component to achieve its goals. included in the Regional Arterial System are certain roadways in
the City of National City, which are also part of the City's Transportation Impact Fee Program.
The TDIF advances a legitimate public interest by enabling both SANDAG and the City of
National City to fund improvements to transportation infrastructure required to accommodate
new development.
B. The fees established herein are based upon estimated costs of identified
transportation facilities, or portions thereof, the costs of which have been based on relative
vehicular volumes attributable to future development. The TDiF will fund expanded facilities
identified in the Transportation Impact Fee Program Report, and would also include those
facilities identified in the RTCiP located within the City of National City, all to serve new
development.
Costs for planned transportation facilities are identified in the Transportation Impact Fee
Program Report. Costs funded by the TDIF may include project administration and management,
design and engineering, right-of-way acquisition, and construction. More detailed descriptions of
planned facilities, including their location, to the extent known, are shown in the Transportation
Impact Fee Program Report and other documents, such as the City's General Plan. The list of
planned improvements contained in the Transportation impact Fee Program Report may change
Ordinance No. 200g-2110 2 Transportation Development Impact Fee
to meet changing circumstances and needs, as the City of National City deems necessary. The
TDIF will not be used to correct existing deficiencies in the roadway system.
C. There is a reasonable relationship between construction of identified transportation
facilities, or portions thereof, and the additional vehicular trips attributable to future
development. The City of National City will restrict TDIF revenues to capital projects identified
on the Transportation Impact Fee Program Report to serve new development. In that report,
certain improvements are also part of the Regional Arterial System identified in the SANDAG
RTCIP. Improvements funded by the TDIF will expand certain arterials within the City of
National City, making them accessible to the additional residents and workers associated with
new development. The projects identified in the Transportation Impact Fee Program Report will
expand the capacity of the portions of the Regional Arterial System located within the City of
National City to accommodate the increased trips generated by new development. Thus, there is
a reasonable relationship between the use of fee revenues and the residential and non-residential
types of new development that will pay the TDIF.
D. There is a reasonable relationship between the need for identified transportation
facilities, or portions thereof, and the future development. New dwelling units and building
square footage are indicators of the demand for transportation improvements needed to
accommodate growth. As additional dwelling units and building square footage are created, the
occupants of these structures generate additional vehicle trips and place additional burdens on
the transportation system.
The need for the TDIF is based on the SANDAG transportation model projections of
growth that show an increase in vehicle hours of delay on the Regional Arterial System primarily
as a result of new development even with planned improvements to that system. The model
estimated impacts from new development based on trip generation rates that varied by land use
category, providing a reasonable relationship between the type of development and the need for
improvements.
E. There is a reasonable relationship between the amount of the fee and the cost of
transportation facilities, or portions thereof, attributable to future development. This reasonable
relationship between the TDIF for a specific development project and the cost of the facilities
attributable to that project is based on the estimated vehicle trips the project will add to the
Regional Arterial System. The total tee for a specific residential development is based on the
number and type of new dwelling units multiplied by the trip generation rate for the applicable
residential land use category. The fee ter a specific non-residential development is based in a
similar manner on the amount of building square footage by land use category. Larger projects
generate more vehicle trips and pay a higher fee than smaller projects of the same land use
category. Thus, the fee ensures a reasonable relationship between the TDIF for a specific
development project and the cost of the improvements attributable to the project.
F. The imposition of TDIF on all new development associated with the generation of
new traffic within the City of National City is necessary in order to protect the public health,
safety and welfare and in order to assure effective implementation of National City's General
Plan.
4.52.050 Definitions. The definitions set forth in this section shall govern the
application and interpretation of this chapter:
"Applicant" means developer or person seeking a development permit.
"Building permit" means a permit required and issued by the City of National City.
"City" shall mean the City of National City.
Ordinance No. 2008-2310 3 Transportation Development Impact Fee
"City of National City "Transportation Impact Fee Program" is the fee study entitled "City
of National City Transportation Impact Fee Program", dated March 2008, approved and adopted
by the City Council on April 1, 2008. The City of National City Transportation Impact Fee
Program is maintained for public review in the Engineering Department of the City of National
City.
"Construction" means design, performance of estimates, environmental assessments and
studies, determination of fees, acquisition of right-of-way, administration of construction
contracts and actual construction.
"Development permit" shall mean any permit or approval from the City of National City
including, but not limited to, a general plan amendment, zoning or rezoning of property, a
conditional use permit, a design permit, a coastal development permit, a variance permit, a
planned development prnuit, subdivision map, parcel map, building permit, or any another
permit for construction, reconstruction, or development.
"Developer" means the owner or developer of a development seeking a development
permit.
"Development project" or "development" means any activity described in Section 66000
et. seq. of the California Government Code.
"Industrial" means any use of land specified as an industrial use in Title 18 of this Code.
"Multi -family" means any use of land specified as a multi -family use in Title 18 of this
Code.
"New Development" shall mean any development requiring a development pennit.
"Residential" means any use of land specified as a residential use in Title 18 of this Code.
"Single-family" means any use of land specified as a residential use in Title 18 of this
Code.
"TDIF" means Transportation Development Impact Fee.
"TDIF facilities" means the transportation facilities, or portions thereof, identified in the
City of National City Transportation Impact Fee Program, or future City approved alternatives
that substantially fulfill the transportation needs identified and represented by a listed facility.
"TDIF Reports" means the City of National City Transportation Impact Fee Program
report dated March 2008 and approved and adopted by the City Council on April 1, 2008. This
report shall be changed or periodically updated by action of the City Council pursuant to Section
4.52.100 of this Chapter. The current adopted reports are on file with the City Clerk of the City
of National City.
"Transportation facility project" means that project or portion of project, which involves
the specified improvements in the City of National City Transportation Impact Fee Program.
4.52.060 Application of chapter. This Chapter establishes the requirements for the
TDIF for all new development within the City of National City. This Chapter shall apply to all
new development except as exempted by state or federal law, or as specifically exempted in this
Chapter. In cases where a development is specifically exempt by law from this Chapter, but that
development has cumulative transportation impacts required to be mitigated by the California
Environmental Quality Act (CEQA), the CITY can accept TDIF payment to mitigate cumulative
impacts.
The TDIF is limited to providing funding in the amounts and for those improvements
specified in the City of National City Transportation Impact Fee Program. Nothing in this
chapter shall restrict the ability of the City to require dedication of land, payment of fees or
Ordinance No. 200K-2310 4 Transportation Development Impact Fee
construction of improvements for needs other than, or in addition to, the improvements specified
in the City of National City Transportation Impact Fee Program.
The requirement of this chapter shall apply to projects for which building permits are
issued on or after July 1, 2008.
4.52.070 Transportation Development Impact Fee requirement — Residential.
A. Commencing July 1, 2008, prior to the issuance of any building permit for
residential development in the City of National City, a Transportation Development Impact Fee
shall be paid in the following amount based upon the use of land:
Residential Land Use
Fee
Single Family
$ 2,000 per dwelling unit
Multi family
$ 2,000 per dwelling unit
B. The fcc shall be paid before the issuance of building permits for each
development project within the City of National City. No building permit shall he issued within
the City of National City unless and until the TDIF has been paid in full. In the case of
discretionary permits that will not involve a building permit, but which will involve new
development, payment of the fee shall he recommended as a condition of permitting to the
decision -making body that would approve such permit.
4.52.080 Transportation Development Impact Fee requirement — Non -Residential.
A. Commencing July 1, 2008, prior to the issuance of any building permit for
commercial, office/service, or industrial development in the City of National City, a
Transportation Development Impact Fee shall be paid in the following amount based upon the
use of land:
Non -Residential Land Use
Fee
Commercial
$ 2, 704 per 1,000 square feet
Office/Services
$ 6,002 per 1,000 square feet
Industrial:
$ 2519 per 1,000 square feet
Ordinance No. 2008-2310
5
'Transportation Development Impact Fee
B. The fee shall be paid before the issuance of building permits for each
development project within the City of National City. No building permit shall be issued within
the City of National City unless and until the TDIF has been paid in full. In the case of
discretionary permits that will not involve a building permit, but which will involve new
development, payment of the fee shall be recommended as a condition of permitting to the
decision -making body that would approve such permit.
4.52.090 Transportation Development Impact Fee requirement — Non -Residential:
suspension of imposition. The imposition of the TDIF upon non-residential development, as set
forth in Section 4.52.080, shall be suspended from being imposed until one of the following
occurs:
A. SANDAG requires the City to collect a transportation development impact fee
from non-residential development, the City thereafter holds a public hearing to consider whether
to release the suspension, and the City determines to release the suspension; or,
B. The City Council determines, after a public hearing, that the suspension should be
released based upon the public health, safety, and welfare of the City of National City; or,
C. The passage of at least two years from the date of the adoption of this Ordinance,
a public hearing is held before the City Council to consider whether the continuance of the
suspension of the fee upon non-residential should remain in place, and the City Council
determines the suspension should he released.
4.52.100 Annual adjustment of fees. The TDIF shall be adjusted annually starting
July 1, 2009, and on each July 1st thereafter, based on the following factors:
A. The cost index used by SANDAG for the annual adjustment to the RTCIP impact
fee.
B. Changes in the type, size, location or cost of the transportation facilities, if' any, to
he financed by the TDiF, changes in land use designations in the City's General Plan, and upon
other sound engineering, financing, and planning information.
C. Adjustments to the TDIF resulting from review of the factors above may he made
by resolution amending the fee schedule and subject to compliance with the Mitigation Fee Act.
4.52.110 Usc of fee. The revenue raised by payment of the TDIF shall be placed in
a separate and special account or fund in a manner to avoid any commingling with other
revenues and funds of the City of National City; and, such revenues, along with any interest
earnings on the account or fund, shall be used solely to:
A. Pay for the City's future construction of facilities described in the City of National
City Transportation Impact Fee Program, or to reimburse the City for those described or listed
facilities constructed by the City with funds advanced by the City from other resources; or
B. Reimburse developers who have been required or permitted by Section 4.52.130
to install such listed facilities which are oversized with supplemental size, length, or capacity,
relative to demand generated by the subject project; or
C. Pay costs required for the administration of this Ordinance, including, but not
limited to costs incurred in conducting hearings required by State law.
The TDIF fund, including accrued interest, shall be subject to the all of the applicable
provisions of Government Code Section 66000 et seq., including but not limited to the
requirements for accounting, reporting and expenditure of the fund for the improvements
specified in the City of National City Transportation Impact Fee Program.
Ordinance No. 2008-2310 6 Transportation Development Impact Fee
4.52.120 Transportation facilities to be financed by the fee.
A. The transportation facilities and programs to be financed by the fee established by
this chapter are identified in the City of National City Transportation Impact Fee Program.
B. The City Council may modify or amend the City of National City Traffic Impact
Fee Program in order to maintain compliance with the circulation element of the City's General
Plan.
4.52.130 Developer construction of transportation facilities. Whenever a developer
of a development project would be required, as a condition of approval of a development permit,
to construct or finance the construction of a portion of a transportation facility identified in the
City of National City Traffic Impact Fee Program, the City Council may impose an additional
requirement that the developer install the improvements with supplemental size, length or
capacity in order to ensure efficient and timely construction of the transportation facilities
network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a
reimbursement agreement with the developer. The reimbursement agreement can he for either in
the form of a cash payment or a credit against the fee otherwise levied by this chapter on the
development project, or some combination thereof. The determination of the form is at the sole
discretion of the City.
The reimbursement amount shall not include the portion of the improvement needed to
provide services or mitigate the need for the facility or the burdens created by the development.
A developer shall not receive cash reimbursement from the appropriate TDIF fund until
all developers who have previously executed reimbursement agreements payable from the same
fund have been fully reimbursed or until such agreements have expired. The maximum term of
any reimbursement agreement shall he twenty- five (25) years.
4.52.140 Exemptions. The following new development shall be exempt for the
application of the provisions of this Chapter:
A. Public facilities, government buildings, public buildings, public schools;
B. Uses with the following characteristics or activities as a principal use of land,
generally described as "community purpose facility":
1. Social service activities, including such services as Boy Scouts, Girl
Scouts, Boys Club and Girls Club, YMCA and services for the homeless;
2. Public schools (elementary and secondary);
3. Private schools (elementary and secondary);
4. Day care (nonprofit only);
5. Senior care and recreation (nonprofit only); and,
6. Worship, spiritual growth and development.
C. Condominium conversions;
D. Moderate, low, very low, and extremely low income residential units as defined
by Health and Safety Code sections 50079.5, 50093,50105, 50106, and be reference in
Government Code section 65585.1;
E. Rehabilitation and/or reconstruction of any legal residential structure and/or the
replacement of a previously existing residential unit;
F. Development projects subject to development agreements prior to May 28, 2004
that expressly prohibit the imposition of impact fees, however, if the terms of the development
agreement are extended beyond July 1, 2008, then the requirements of this Chapter shall apply;
G. Guest dwellings;
Ordinance No. 2008-2310 7 Transportation Development Impact Fee
H. Additional residential units located on the same parcel regulated by the provisions
of any agricultural zoning;
I. Kennels and catteries established in conjunction with an existing residential unit;
and
J. 'l'he sanctuary building of a church, mosque, synagogue, or other house of
worship eligible for property tax exemption.
4.52.150 Fee waivers and reductions.
A. Temporary uses. A development which is designed and intended as a temporary
use (3 years or less) and which is conducted in facilities which are, by their nature, short-term
interim facilities such as a portable or modular building (including mobile homes, trailers, etc.)
may apply to the Director of Building and Safety for a waiver, reduction, or deferral. The
Director of Building and Safety shall have the authority to grant such waivers, reductions, or
deferrals.
B. Deferrals. A deferral of the payment of the TDIF may be granted on the basis of
demonstrated economic hardship on the condition that: (1) the use offers a significant public
benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an
approximate value equivalent to a cash payment; and (3) the amount deferred is adequately
secured by agreement with the applicant.
C. Fee adjustments. Notwithstanding any other provision of this Chapter, the
applicant as defined in this Chapter shall, as a part of the development permit process, have the
right to present evidence to the Director of Engineering to demonstrate that the fee calculation
and/or amount of fee established by the City Council is incorrect or inequitable as applied in
such cast. The applicant shall have the burden of demonstrating any inaccuracy or inequity by
serving on the Director of Engineering engineering studies and cost estimates necessary to
support the applicant's contentions.
If the applicant is processing an application for which the TD1F fee is a condition of
approval, the studies and cost estimates must he served on the Director of Engineering no later
than thirty (30) days prior to approval of the project. The Director of Engineering shall then
make a recommendation regarding fee adjustment to the City hearing body. Upon review of the
Director of Engineering's recommendation, the hearing body shall have the authority to change
the amount of fee when it finds the amount so established is incorrect or inequitable in the
specific case. The decision of the City's hearing body shall he final, and any additional appeals
shall be in accordance with the City subdivision ordinance or zoning ordinance, whichever
applies to the application being processed.
If the applicant is seeking a ministerial permit, the appeal, required engineering studies
and cost estimates can he served on the Director of Engineering anytime prior to development
permit issuance. The Director of Engineering shall review the requested fee adjustment and shall
have the authority to change the amount of fee when it finds the amount so established is
incorrect or inequitable in the specific case. The decision of the Director of Engineering shall be
final.
4.52.160 Refund of fees.
If a building permit or development permit expires, is cancelled, or is voided and if any
fees paid pursuant to this Chapter have not been expended and no construction has taken place
pursuant to such building pen -nit or development permit, the Director of Building and Safety
Ordinance No. 2008-2310 8 Transportation Development Impact Fee
shall, upon written request, refund the fee and any interest earned on the fee, less any
administrative costs, to the applicant of record.
4.52.170 Severability.
The provisions of this Ordinance shall not apply to any person, association, corporation
or to any property as to whom or which it is beyond the power of the City of National City to
impose the fee herein provided. If any sentence, clause, section or part of this Ordinance, or any
fee imposed upon any person or entity is found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section or part
of this Ordinance, or person or entity; and shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or other parts of this Ordinance, or its effect on other
persons or entities. It is hereby declared to he the intention of the City Council that this
Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part of this Ordinance not been included herein; or had such person or entity
been expressly exempted from the application of this Ordinance. To this end the provisions of
this Ordinance are severable.
4.52.180 Effective date. This ordinance shall take effect July I , 2008.
Section 2. The City Council hereby finds and determines that pursuant to Public
Resources Code section 21080(b)(8) the enactment of this Ordinance constitutes a project which
is statutorily exempt from the requirements of the California Environmental Quality Act.
Specifically this Ordinance establishes and approves transportation development impact fees that
will generate funds for capital projects which arc necessary to maintain acceptable levels of
traffic and transportation service within the City. This Ordinance does not, nor is it intended to,
approve or pre -determine any development project which may be proposed in the future for
which a TDIF may he exacted in accordance with the Ordinance. As such it merely provides the
City with the procedural authority to impose the TDIF if and when any such development project
might be proposed or applied for.
PASSED and ADOPTED this 1st day of April, 2008.
ATTES'I:
Michael R. Da ' a, City Clerk
on Morrison, May
APPROVED AS TO FORM:
George H. iser, III
City Attorney
Ordinance No. 2008-2310
9 Transportation Development Impact Fee
Passed and adopted by the Council of the City of National City, Califomia, on April 1,
2008, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City f National City, California
rk of the City
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on March 18, 2008, and on April 1, 2008.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2008-2310 of the City Council of the City of National City, passed
and adopted by the Council of said City on April 1, 2008.
By:
City Clerk of the City of National City, California
Deputy