Loading...
The TIF is imposed to provide a means for developers to mitigate for project cumulative traffic impacts on ME facilities. Developers may elect to mitigate for these impacts by constructing physical improvements to off-site ME facilities in lieu of paying the TIF (Opt Out). With the exception of RTCIP Impact Fees for residential projects which are to only be adjusted using credits in the manner established by Sections 77.211-77.211.2, developers seeking adjustment to the TIF to reflect the construction of off-site road improvements must demonstrate to the Director that all local and regional cumulative traffic impacts were identified through a cumulative traffic study and fully mitigated through physical improvements.
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
(a) The fees required pursuant to this Division shall be paid to the County as a condition of approval of a development permit, including a building permit. For development projects that require both discretionary and building permits, the fees shall be paid no later than time of building permit issuance. If the fee is paid prior to the time of building permit issuance and the amount of the fee increases, the additional fee amount must be paid before the building permit is issued. If the fee is paid prior to time of building permit issuance and the amount of the fee is reduced, then at the time the building permit is issued, a refund for the overpayment amount will be provided to the applicant. Once a building permit is issued, the amount of the fee is set and will not be adjusted by subsequent increases or decreases to the TIF rates. In the case of discretionary permits that will not involve a building permit but which will generate additional traffic, payment of the fee shall be recommended as a condition of permitting to the decision-making body that would approve such permit.
(b) Notwithstanding subsection (a) above, the payment of TIF and RTCIP fees in connection with residential tracts and commercial building permits may be deferred and paid prior to or at the time of scheduling a final building inspection, if the applicant executes an agreement with the County for a fee deferral in a manner consistent with the requirements of Government Code § 66007.
(c) Projects in process that have building permits issued after October 31, 2012, are eligible to receive a TIF refund for the difference between higher TIF previously paid and the lower TIF established by this ordinance. Refunds shall be automatically processed to customers who receive building permits after October 31, 2012 but before the new rates are in effect.
(d) As identified in the TIF Report, Village and Village Cores shall receive a TIF discount. The reductions are ten percent (10%) of the otherwise due TIF for Village areas and twenty percent (20%) of the TIF otherwise due for Village Cores. The Village and Village Core discount shall not apply to the RTCIP Impact Fee.
(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. 9975 (N.S.), effective 4-24-09; amended by Ord. No. 10163 (N.S.), effective 9-2-11; amended by Ord. No. 10231 (N.S.), effective 12-30-12; amended by Ord. No. 10321 (N.S.), effective 2-28-14; amended by Ord. No. 10407 (N.S.), effective 2-5-16; amended by Ord. No. 10420 (N.S.), effective 4-15-16)
The State Route and Ramp fund collects for State routes and ramps identified in the TIF Report. Reimbursement or funding agreements shall be executed between the County and Caltrans, and SANDAG, if necessary, to allocate these funds when available towards Caltrans or SANDAG projects to enhance capacity on these facilities. If sufficient cash is available for full reimbursement from the State Route and Ramp account then Caltrans and SANDAG shall receive the cash payment. If State Route and Ramp account levels are insufficient to fully reimburse Caltrans or SANDAG, a reimbursement agreement shall be executed to allow for quarterly payments as State Route and Ramps funds accrue. The amount and timing of the reimbursements or funding allocations shall be specified in the agreements. Reimbursements and funding allocations from State Route and Ramp funds shall never exceed the estimated costs per facility as identified in the TIF Report.
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
Loading...