Title
Department of Transportation recommending the Board consider and provide conceptual approval, pursuant to Board Policy A-3, to amend County ordinance code Section 12.28.070, Traffic Impact Fee (TIF) Program, Reduction and Appeals, to update language regarding the timing of appeals related to the Traffic Impact Fee Program.
FUNDING: TIF Program.
Body
DISCUSSION / BACKGROUND
Board policy A-3 - Ordinances - New or Amended, requires ordinance amendments to be presented to the Board of Supervisors for conceptual review and authorization to prepare the ordinance amendment.
County ordinance code Section 12 concerns the implementation and administration of the County’s Traffic Impact Mitigation (TIM) Fee Program. More particularly, Section 12.28.070 concerns the appeal process for fees charged under the TIF Program. This section has been amended twice since its adoption in 2017 under Ordinance 5045, to add the ability to request a hardship waiver (Ordinance 5142) and to update the name of the program (Ordinance 5144). Upon review, staff have identified a language inconsistency regarding the timing of an appeal of the fees due, and seek to update the County Code to match the requirements of the Mitigation Fee Act (Government Code Sec. 66000 et seq).
Government Code Section 66020 provides requires a payment in protest to be made within 90 days of “imposition” of a fee. In general, the TIF is “imposed” on individual property owners at the time that a building permit is issued, because that is the time that the full scope of the fee can be assessed and the County can confirm the appropriate fee is collected. County Code 12.28.070 currently requires that an appeal of the TIF due must be filed “no later than the date of application for the building permit”, which is inconsistent with the Government Code requirement. Staff recommends that language be updated to read “no later than the date of issuance of the building permit”.
If the Board approves this recommendation, the Department of Transportation will work with County Counsel to draft the ordinance amendment for the Board's review.
ALTERNATIVES
The Board could choose not to approve this recommendation, which would result in no change to the current ordinance.
PRIOR BOARD ACTION
January 24, 2017 (Legistar file 14-0245 v23) - The Board approved the Final Passage (Second Reading) of Ordinance 5045 amending Chapter 12.28 of the Ordinance Code for El Dorado County, California that provides for a General Plan Traffic Impact Mitigation (TIM) Fee Program, consistent with California Government Code Section 66000.
June 8, 2021 (Legistar file 20-0120) - The Board approved Final Passage (Second Reading) of Ordinance 5142 amending Section 12.28.070 of the Ordinance Code for El Dorado County to update the language surrounding the reduction and/or appeals of TIM Fees.
August 31, 2021 (Legistar file 21-0749) - The Board approved Final Passage (Second Reading) of Ordinance 5144 amending Chapter 12.28 of the Ordinance Code for El Dorado County to update the name of the TIM Fee Program to the TIF Program, remove references to the Community Development Agency (CDA), and other minor language updates.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost as a result of this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation