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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.
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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 recommen...
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