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File #: 21-0749    Version:
Type: Agenda Item Status: Approved
File created: 4/27/2021 In control: Board of Supervisors
On agenda: 8/31/2021 Final action: 8/31/2021
Title: Department of Transportation recommending the Board Approve 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. (Cont. 8/10/2021, Item 25) FUNDING: TIF Program.
Attachments: 1. 2A - Approved CRS, 2. 2B - Proposed Ordinance_Clean, 3. 2C - Proposed Ordinance_Redline, 4. 2D - Summary Ordinance, 5. 2E - Ordinance 5142, 6. Proof of Publication, 7. A - Ordinance 5045
Related files: 14-0245, 20-1585, 20-0120, 22-0990

Title

Department of Transportation recommending the Board Approve 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. (Cont. 8/10/2021, Item 25)

 

FUNDING:  TIF Program.

Body

DISCUSSION / BACKGROUND

On August 10, 2021 (Item 25), the Board Approved the Introduction (First 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.

 

On June 8, 2021 (Item 55, Legistar 21-0749), in accordance with Board Policy A-3, the Board gave conceptual approval to amend County Ordinance 5045, Chapter 12.28, Traffic Impact Mitigation (TIM) Fee in its entirety, to reflect changes approved as part of the 2020 Major Update to the Traffic Impact Fee (TIF) Program.

 

County Ordinance code Chapter 12.28 concerns the implementation and administration of the County’s Traffic Impact Mitigation (TIM) Fee Program. As part of the Major Update to the program, as approved on December 8, 2020 (Item 39, Legistar 20-1585), the program’s name was updated to the Traffic Impact Fee (TIF) Program. As the existing ordinance mentioned the program and its affiliated documents by name throughout, this update to the ordinance as a whole brings it into line with the new naming convention. Additionally, there were references to the Community Development Agency (CDA), which had been disbanded in the time since ordinance code Chapter 12.28 was introduced in 2016. References to the former agency have been removed or updated to reflect the current organizational structure. Finally, a reference within Section 12.28.050 to the Engineering News Record (ENR) Cost Index was amended to clarify that the County uses the ENR Building Cost Index to adjust the TIF amounts for inflation.

 

On June 8, 2021 (Item 33, Legistar 20-0120), the Board approved Ordinance 5142 amending Section 12.28.070 of Chapter 12.28 - Reductions and appeals.  Ordinance 5142 went into effect on July 8, 2021.

 

The proposed ordinance will supersede Ordinances 5045 and 5142 in their entirety.

 

ALTERNATIVES

The Board could choose not to approve this recommendation, which would result in no change to Ordinance 5045 or Ordinance 5142.

 

PRIOR BOARD ACTION

January 24, 2017 (Item 43, Legistar 14-0245) - 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 Fee Program, consistent with California Government Code Section 66000. The ordinance change went into effect on July 8, 2021.

December 8, 2020 (Item 39, Legistar 20-1585) - The Board adopted Resolution 196-2020, to adopt the Three Zone TIF Nexus Study, complete the 2020 Major Update to the TIF Program and the Capital Improvement Program (CIP), and authorize updated fees that went into effect on February 8, 2021.

June 8, 2021 (Item 55, Legistar 21-0749) - The Board provided conceptual approval for this ordinance revision.

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel

 

CAO RECOMMENDATION / COMMENTS

Approve as recommended.

 

FINANCIAL IMPACT

There is no change to Net County Cost associated with this item.

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

N/A

 

STRATEGIC PLAN COMPONENT

Good Governance

 

CONTACT

Rafael Martinez, Director

Department of Transportation