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Department of Transportation recommending the Board Approve 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. (Cont. 5/11/2021, Item 17)
FUNDING: Traffic Impact Fee Program.
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DISCUSSION / BACKGROUND
On May 11, 2021, (Legistar# 20-0120, Item 17), the Board Approved the Introduction (First Reading) of Ordinance 5142, and continued it to June 8, 2021, for Final Passage (Second Reading).
On January 28, 2020, (Legistar# 20-0120, Item 30), the Board provided conceptual approval to amend County Ordinance Chapter 12.28, code section 12.28.070(B) - Reductions and appeals, to revise the timing and means of certain Traffic Impact Mitigation (TIM) Fee payments during the appeals process.
County Ordinance code section 12.28.070(B) states, in part: “Application for reduction and/or appeals of the TIM fee 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 TIM Fee Program Schedule.”
When property owners or developers wish to appeal a TIM Fee, they must pay the fee before the appeals process can commence. But in certain circumstances, especially for individual property owners, this requirement can be burdensome. Recently, an El Dorado County homeowner who has owned the property for 25 years learned that certain improvements made before the purchase of the property had not been permitted. In a good-faith effort to secure the necessary permits, it was identified that TIM Fees of approximately $30,000 would need to be paid. The relevant Ordinance Code section mandated that the fees be paid before an appeal could even be initiated.
The proposed amendment to the County Ordinance code section 12.28.070(B) is minor and reads, in part, as fol...
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