Title
Department of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 100-2022 approving the revised Traffic Impact Fee Administrative Manual.
FUNDING: Traffic Impact Fee Program.
Body
DISCUSSION / BACKGROUND
A Traffic Impact Fee (TIF) is a fee levied by a local government or public agency to ensure that new development projects pay for the costs of providing transportation infrastructure or services required for the new development. Since 1984, the County has adopted and updated various Traffic Impact Fee Programs to ensure that new development on the western slope pays the costs of constructing and improving County and State roads necessary to serve new development. The TIF is paid at the time of issuance of a building permit (e.g., for single-family homes or non-residential buildings). The TIF are calculated pursuant to Government Code 66000 et. seq. and the County’s General Plan policy. Generally, fees are based on the type of land use, quantity, location, impact on roads, and level of service.
TIF-funded projects are Capital Improvement Program (CIP) projects that are needed to accommodate new development projected over the next 20 years, which may include new roadways, roadway widenings, roadway intersection improvements, interchange improvements, transit, etc. Since these new projects are needed to accommodate new development, there is a nexus, pursuant to the Mitigation Fee Act, to charge new development a fee to pay for these new projects.
On December 8, 2020 (Item 39, Legistar 20-1585), the Board adopted Resolution 196-2020, which incorporates as Exhibit C the Traffic Impact Fee (TIF) Program Update Nexus & Funding Model (Attachment D). On May 17, 2022 (Item 28, Legistar 22-0276), the Board adopted the annual update to the TIF Program via Resolution 072-2022 (Attachment E).
An Administrative Manual was created so that staff could consistently administer the fee program for all projects required to pay a Traffic Impact Fee. The original Administrative Manual was structured to be consistent with the Traffic Impact Mitigation Fee Ordinance, which went into effect on February 13, 2017. On January 24, 2017 (Item 31, Legistar 14-0245 v24), the Board adopted Resolution 001-2017, implementing the Traffic Impact Mitigation Fee Administrative Manual.
The original Administrative Manual has been updated to reflect the latest changes to the renamed Traffic Impact Fee (TIF) Program. Revisions include policies and procedures related to the implementation of Vehicle Miles Traveled (VMT) as a measure of impact under the California Environmental Quality Act (CEQA), updates to TIF calculation methods to reflect, among other things, the Residential TIF rates based on square footage as adopted in the 2020 Major Update, and the incorporation of TIF Reimbursement Guidelines into the Manual itself as Section V. The proposed Resolution also rescinds the Guidelines for RIF/TIM reimbursement projects as adopted on January 2, 1996.
Department of Transportation recommends the Board adopt and authorize the Chair to sign the resolution revising the Traffic Impact Fee (TIF) Program Administrative Manual.
ALTERNATIVES
N/A
PRIOR BOARD ACTION
On June 8, 2021 (Item 33, Legistar 20-0120), the Board approved the Final Passage (Second Reading) of Ordinance 5142 amending County Ordinance code section 12.28.070(B) - Reductions and Appeals, to revise the timing and means of certain Traffic Impact Mitigation Fee payments during the appeals process. On August 31, 2021 (Item 24, Legistar 21-0749), the Board approved the Final Passage (Second Reading) of Ordinance 5144 amending County Code Chapter 12.28, Traffic Impact Mitigation (TIM) Fee, which comprises Ordinances 5045 and 5142 to reflect changes approved as part of the 2020 Major Update to the Traffic Impact Fee (TIF) Program.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Planning and Building Department
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this agenda item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board to obtain the Chair’s signature on Resolution.
2) Clerk of the Board to return a copy of the fully executed Resolution to the Department of Transportation, attention Lindsay Tallman.
STRATEGIC PLAN COMPONENT
The TIF Program is a major funding source for the CIP, which is a vital part of the Infrastructure component of the County Strategic Plan. Adequate infrastructure is necessary for the Economic Development component and is a requirement of the County General Plan. Safe roads are a crucial factor in the Public Safety component of the County Strategic Plan.
CONTACT
Rafael Martinez, Director
Department of Transportation