Loading...
With regard to the RTCIP Impact Fee component of the TIF, the Board of Supervisors finds and adopts each of the Mitigation Fee Act findings set forth in Chapter 4 of SANDAG's RTCIP Impact Fee Nexus Report-Final Report dated November 26, 2007. With regard to the remainder of the impact fees included in the TIF program, the Board of Supervisors, consistent with the Mitigation Fee Act, finds and adopts each of the findings set forth in the County of San Diego Transportation Impact Fee Program Update Nexus Study, and further finds that:
(1) Purpose of Fee, Government Code § 66001(a)(1): The further development of property within the County will require the construction of additional transportation facilities in accordance with the ME of the General Plan to mitigate for the impacts of future development on transportation facilities in the unincorporated county. The TIF allows for the cost-effective mitigation of the impact of future development on ME, RAS and State transportation facilities.
(2) Use of Revenues, Government Code § 66001(a)(2): The fees collected by the TIF will be used to fund the expansion of capacity on ME, RAS and State facilities consistent with the ME of the General Plan. These facility improvements are more specifically identified in the County of San Diego Transportation Impact Fee Program Update Nexus Report and County of San Diego TIF Transportation Needs Assessment Report; and may include roadway widening, roadway extension, traffic signal installation, coordination and other capacity enhancing improvements. TIF shall not be used to address existing deficiencies attributable to prior development.
(3) Benefit Relationship, Government Code § 66001(a)(3): Future commercial, residential and other land development activities will impact ME transportation facilities in the unincorporated county. The TIF program uses Travel Demand Units (TDU's) that account for differing trip generation rates and vehicle miles traveled based on land use type to account for road improvements needed to mitigate for the transportation impacts of different development projects. TIF funds collected are applied on a regional or community basis to ensure road improvements will serve the development project that paid the fees. There is, accordingly, a reasonable relationship between the fee's use and the type of development project on which the fee is imposed.
(4) Burden Relationship, Government Code § 66001(a)(4): The TIF program uses a TDU formula that takes into consideration trip generation rates and total vehicle miles traveled by land use type. The TDU formula further quantifies and removes pass-by trips that are not attributable to future development. This TDU is then applied to the cost of future improvements needed to mitigate for anticipated development. Facilities costs are adjusted to account for and remove the cost of improvements needed to mitigate for existing deficiencies and resulting from trips originating outside the unincorporated county. In this way, there is a reasonable relationship between the need for the transportation improvements and the project on which the TIF is imposed.
(5) Proportionality, Government Code § 66001(b): There is a reasonable relationship between the amount of the fee and the cost of transportation facilities, or portions thereof, attributable to future development because the TIF is derived from a TDU formula that considers trip generation rates and vehicle miles traveled by land use type to correlate impacts to specific development types. The TIF is collected for local, regional and State facilities components and applied on a regional or community basis. There are three TIF regions in which regional and State facilities funds are expended and twenty-three communities in which local funds are expended. In this way, the TIF is tied to the transportation facilities needed to mitigate for the impacts of future development projects.
(6) Public Welfare: The imposition of TIF on all new development associated with the generation of new traffic within the unincorporated county is necessary in order to protect the public health, safety and welfare by ensuring roads in the unincorporated county continue to operate in accordance with the ME of the General Plan.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
Whenever the following words are used in this Division, they shall have the meaning ascribed to them in this section.
(a) AGRICULTURE means farming, crop production, or raising of poultry or livestock. Agricultural uses in this ordinance do not include residential facilities.
(b) APPLICANT means developer or person seeking a development permit.
(c) BUILDING PERMIT means a permit required by and issued pursuant to the Uniform Building Code.
(d) CALTRANS means the California Department of Transportation.
(e) CONSTRUCTION means design, performance of estimates, environmental assessments and studies, determination of fees, acquisition of right-of-way, administration of construction contracts and actual construction.
(f) COUNTY means the County of San Diego, State of California.
(g) COUNTY HEARING BODY means the County of San Diego, Board of Supervisors, Planning Commission, or any other official, board, or commission designated by the County for decision-making on discretionary actions.
(h) DEVELOPER means the owner or developer of a development seeking a development permit.
(i) DEVELOPMENT PERMIT means any discretionary permit, entitlement, approval for a development project, or any ministerial permit, including building permit, associated with the generation of traffic issued under any ordinance of the County.
(j) DEVELOPMENT PROJECT or DEVELOPMENT means any activity described in California Government Code § 66000 of the Mitigation Fee Act.
(k) DIRECTOR means the County Director of the Department of Public Works, his or her designee, or the Director of such other County department as may be designated by the Board with responsibility for implementing this Division.
(l) FEE means the transportation impact fee established by this Division.
(m) FEE RATE TABLE(s) means the fee rates by category as shown on the tables attached to the County of San Diego Transportation Impact Fee Report Update Nexus Study and any subsequent adjustments thereto made in accordance with the Mitigation Fee Act and this Division.
(n) FURNITURE STORE(S) or COMMERCIAL-FURNITURE STORE means a commercial facility for the sale of moveable articles such as tables, chairs, sofas, desks, or cabinets required for use or ornament in a residence, office, or the like.
(o) GENERAL COMMERCIAL or COMMERCIAL-GENERAL includes but is not limited to shopping centers, strip mall type development and commercial clusters, retail sales facilities including grocery stores and department stores, convenience stores, auto sales and repair facilities, hardware and lumber stores, gardening and nursery stores, eating and drinking establishments including fast food restaurants, and any other retail uses other than furniture stores that are not specifically included in other TIF category definitions.
(p) GENERAL INDUSTRIAL or INDUSTRIAL-GENERAL means facilities for manufacturing, processing, assembling, distribution services, laboratories for research and development, construction equipment sales and repair, and any industrial use other than warehousing and storage that are not specifically included in other TIF category definitions.
(q) GENERAL PLAN means the San Diego County General Plan as adopted by the Board of Supervisors in August 2011 and any subsequent amendments thereto.
(r) GOVERNMENT/INSTITUTIONAL means and includes government owned and operated facilities such as libraries, police stations, fire stations, prisons or jails, and parks, but also includes public and private schools and hospitals.
(s) MOBILITY ELEMENT or ME means the Mobility Element set forth as Chapter 4 of the General Plan that identifies the general location and extent of existing and proposed roads, airports, public transit, and other transportation facilities. As used in this Division, ME refers more narrowly to the road, right-of-way facilities identified in the ME of the General Plan.
(t) NON-RESIDENTIAL means development that does not include residential uses.
(u) OFFICE means facilities for administrative or professional services and includes but is not limited to dental offices, medical clinics, insurance sales, banks, savings and loans, and real estate services.
(v) RAS means the Regional Arterial System of roads designated by SANDAG. TIF RAS means RAS roads that are part of the roadway network included in the TIF program.
(w) RAMP means the interchange ramps identified in the County of San Diego Transportation Impact Fee Report Update Nexus Study.
(x) RESIDENTIAL means a land use associated with where a person lives or has a home and includes, without limitation, the following categories:
(1) Single-Family Detached or Single- Family Dwelling means a detached residential structure including without limitation a single manufactured or mobile home on an individual lot typically occupied by a single household or family. Second dwelling units on the same lot are included in this category.
(2) Multi-Family or Multifamily means an attached home, condominium, duplex, apartment, or other attached structure or structures used by more than one family unit. Mobile or manufactured homes not licensed and capable of ready highway use located in a mobile home park, subdivision or other location with at least one other similar structure are a type of multi-family residential development.
(3) Non-Permanent means a temporary lodging that is not the primary residence of the occupant, including, without limitation, hotel rooms, time-share units, and facilities for housing agricultural workers.
(4) Congregate Care Facilities or Congregate Care means assisted living communities, congregate care facilities, and other places for persons unable to care for themselves.
(y) RTCIP means the Regional Transportation Congestion Improvement Program established by Section 9 of the TransNet Ordinance and Expenditure Plan, SANDAG Ordinance 04-01, approved by San Diego voters.
(z) RTCIP IMPACT FEE means the portion of the TIF imposed on new residential development in accordance with SANDAG's RTCIP Impact Fee Nexus Report-Final Report dated November 26, 2007 to mitigate the impacts of future development on RAS roads.
(aa) SANDAG means the San Diego Association of Governments.
(bb) SCHOOLS mean institutions for instruction in a particular skill or field or for providing education and includes, among other things, day-cares, pre-schools, kindergartens, elementary schools, middle schools, high schools, acting or other arts schools, and post secondary colleges and trade schools.
(cc) SELECT INDUSTRIAL or INDUSTRIAL-SELECT means industrial uses such as quarries, mining operations, concrete and asphalt plants, RV parks and campgrounds, recycling centers, cell phone and other wireless or telecommunication facilities, borrow pit operations, landfills, and other land uses that have minimal buildings but generate significant traffic as determined by the Director.
(dd) STATE ROUTE means a highway facility owned and operated by Caltrans on behalf of the State of California or any successor agency to Caltrans that the TIF is collecting funds for.
(ee) TIF means Transportation Impact Fee.
(ff) TIF AREA(S) or TIF LOCAL AREA means the areas lying within the community boundaries designated on the TIF Facility Location Maps. The TIF Facility Location Maps may be changed or periodically updated by action of the Board of Supervisors.
(gg) TIF FACILITY LOCATION MAPS means the maps included in the TIF Report showing the TIF Facilities and the boundaries of each community TIF Area.
(hh) TIF FACILITIES means the road, right- of-way facilities, or portions thereof, including intersections, sidewalks, shoulders, bike lanes and traffic signals, identified in the TIF Report that substantially fulfill the transportation needs identified and represented by a listed facility.
(ii) TIF REGIONS means the regional boundaries described in the TIF Report for regional TIF for the north, south and east TIF regions.
(jj) TIF REPORT means the County of San Diego Transportation Impact Fee Update Nexus Study, dated September 2012, and the attachments thereto, including without limitation the County of San Diego TIF Transportation Needs Assessment, dated September 2012 and the Fee Rate Tables. With regard to the RTCIP Impact Fee which is included as a discrete component of the TIF, TIF Report also means SANDAG's RTCIP Impact Fee Nexus Report-Final Report dated November 26, 2007. The TIF Report may be changed or periodically updated by action of the Board of Supervisors pursuant to this Division. The current adopted report is on file with the Clerk of the Board.
(kk) VILLAGE means the village areas designated on the Regional Categories Map (Figure LU-1) and on the Land Use Maps (Figures LU-A-1 through LU-A-23) in the General Plan.
(ll) VILLAGE CORE means the hub or center of a Village area designated as village core or village core mixed use in the TIF Report.
(mm) WAREHOUSING AND STORAGE or INDUSTRIAL-STORAGE & WAREHOUSING means all types of warehouses or facilities with the primary purpose being to provide storage space. For the purpose of determining project TIF, Warehousing & Storage includes agriculture and wineries.
(nn) WINERY or WINERIES means an establishment for producing wine and may include wine tasting rooms.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
TIF Areas for the County are hereby established as twenty-three distinct community areas. Village and Village Core areas are hereby established as subsets of the TIF Areas. The TIF Areas are grouped into three distinct TIF Regions. Said TIF Areas and TIF Regions are depicted in the TIF Report.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
Future development projects will require the construction of identified transportation facilities, or portions thereof as described in the TIF Report. Future development projects within each said TIF Local Area and Region will be benefited by construction of the TIF Facilities proposed. The listed facilities represent future needs and are not proposed projects.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
The total estimated program costs in the amount set forth in the TIF Report shall be established upon the effective date of this Division. This initial, estimated program cost shall be updated annually each July 1 (to coincide with the SANDAG RTCIP Impact Fee annual adjustment) starting July 1, 2013.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
The TIF is applied to land use categories identified as Categories A-K in the TIF Report as follows: Category A-Residential Single Family Detached, Category B-Multi Family Residential, Category C-Non-Permanent Residential, Category D-Congregate Care Residential, Category E-General Commercial, Category F-Furniture Store, Category G-General Industrial, Category H-Offices, Category I-Warehousing & Storage, Category J-Government/ Institutional, and Category K-Select Industrial. The definitions set forth in this Division for different land use categories are intended to be reflective of the land use categories in the TIF Report and shall be deemed to include each of the listed examples of land uses set forth by category in the TIF Report into the respective definition to which they apply.
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
Pursuant to the Mitigation Fee Act, the fees set forth in the Fee Rate Tables by land use category attached to the TIF Report are adopted by action of the Board of Supervisors and shall be paid by new development within the TIF Areas and Regions established herein. The RTCIP Impact Fee shall be collected as a discrete component of the TIF. The fees included on the Fee Rate Table shall include an administrative fee of up to three percent (3%) to cover the cost of County administration of the TIF program.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 9739 (N.S.), effective 11-18-05, operative 12-18-05; amended by Ord. No. 9746 (N.S.), effective 2-12-06; amended by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
TIF for Residential, which includes Single- Family Detached, Multi-Family, Non-Permanent and Congregate Care uses, shall be collected in each TIF Area and Region in the amounts, as adjusted from time to time, set forth in the Fee Rate Tables attached to the TIF Report. Notwithstanding the foregoing, the following residential uses shall be exempt from the RTCIP Impact Fee:
(a) New moderate, low, very low, and extremely low income residential units as defined in California Health & Safety Code §§ 50079.5, 50105, 50106, and by reference in California Government Code § 65585.1.
(b) Government buildings, publicly owned buildings, public schools and public facilities.
(c) Rehabilitated, replacement or reconstructed residential structures, lawfully constructed.
(d) Guest dwellings and accessory dwelling units located on a lot with an existing single family dwelling. These fees will be refunded to all customers who applied for an accessory dwelling permit on or after January 9, 2019 and will be waived for customers after the effective date of the ordinance until January 9, 2024.
(e) Additional residential units located on the same parcel regulated by the provisions of any agricultural zoning.
(f) Kennels and catteries established in conjunction with an existing residential unit.
(g) The sanctuary building of a church, mosque, synagogue, or other house of worship.
(h) Condominium conversions.
(i) Any other residential structure exempted from the imposition of the RTCIP Impact Fee by the terms of the TransNet Extension Ordinance and Expenditure Plan, SANDAG Ordinance 04-01.0.
(Added by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12; amended by Ord. No. 10590 (N.S.), effective 3-1-19)
Loading...