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Department of Transportation recommending the Board approve the Final Passage (Second Reading) of Ordinance 5227 amending County Ordinance code section 12.28.070, Traffic Impact Fee (TIF) Program, Reductions and Appeals, to revise language regarding the timing of appeals related to the Traffic Impact Fee (TIF) Program. (Cont. 4/1/2025, Item 25)
FUNDING: TIF Program.
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DISCUSSION / BACKGROUND
On April 1, 2025, the Board approved the Introduction (First Reading) of Ordinance 5227 amending County Ordinance code section 12.28.070, Traffic Impact Fee (TIF) Program, Reductions and Appeals, to revise language regarding the timing of appeals related to the Traffic Impact Fee (TIF) Program. The Board continued the matter to April 8, 2025, for Final Passage (Second Reading).
On March 11, 2025 (Legistar file 25-0399), the Board provided conceptual approval to amend County Ordinance code section 12.28.070 - Reductions and Appeals, to revise the timing of appeals of fees paid under the Traffic Impact Fee (TIF) Program to be more consistent with Government Code Section 66020. Additional minor edits have been made for clarity, and to correct formatting issues present in Municode.
County Ordinance code section 12.28.070 states, in part: “Application for reduction and/or appeals of the TIF must be made no later than the date of application for the building permit for the development project on a form provided by the County, and shall include payment of fees as established in TIF Program Fee Schedule.”
The proposed amendment to the County Ordinance code section 12.28.070(B) is minor and reads, in part, as follows: “B. Applications for reductions or appeals. An applicant shall submit an application for reduction or appeal of the TIF no later than ninety (90) days after the issuance of the building permit for the development project on a form provided by the County, or by the timelines established in Government Code § 66020, subdivision (d), as it now reads or may thereafter be amended. The applicant is encouraged to submit that application no later than the issuance of the building permit. The applicant shall include in that application payment in full of fees as established in the TIF Program Fee Schedule, except as provided in Subsection C below.” Other changes can be found in the attached redline version of the section.
The proposed amendment brings the County Code in line with Government Code Section 66020, which 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. In order to facilitate record keeping, Transportation requests that an appeal or protest is filed at the time of the payment of fees.
ALTERNATIVES
The Board could choose not to approve this recommendation which would result in no change to the current ordinance.
PRIOR BOARD ACTION
On March 11, 2025 (Legistar file 25-0399), the Board provided conceptual approval for the proposed ordinance.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no financial impact or change to Net County Cost associated with this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will publish the Ordinance in the appropriate local newspaper(s) following Board approval of the Introduction (First Reading) of the Ordinance.
2) The Clerk of the Board will continue this item to April 8, 2025, for Final Passage of the Ordinance.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation