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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)
The fees established by this Division have been established based on estimated costs to construct TIF Facilities. The RTCIP Impact Fee shall be adjusted annually on July 1st of each year in accordance with the construction cost index adjustment made by SANDAG in accordance with the TransNet Ordinance and Expenditure Plan, SANDAG Ordinance 04-01. Annual adjustments to the RTCIP Impact Fee made by SANDAG in accordance with the TransNet Ordinance and Expenditure Plan shall be automatic and shall not require further action by the Board of Supervisors. The remaining portions of the TIF fee shall be adjusted based on the following criteria:
(a) On July 1st of each year, by the annual increase applied by SANDAG to the RTCIP Impact Fee, or an increase of 2.0%, whichever is more. Annual adjustments to the fee made in accordance with this provision shall be automatic and shall not require further action of the Board of Supervisors.
(b) Changes in the type, size, location or cost of the transportation facilities (if any) to be financed by the fee, changes in land use designations in the General Plan, and upon other sound engineering, financing and planning information. Adjustments to the fees resulting from the above reviews may be made by resolution amending the Fee Rate Tables contained in the TIF Report and subject to the notice and public meeting requirements of Government Code § 66016.
(c) The Board of Supervisors may reduce the fee by up to 50% for a specific project if it determines there are public financial benefits that warrant such a reduction, and funding to replace the excused fee amounts is committed as part of such action.
(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)
Fees collected hereunder, shall be segregated into a TIF Facilities Fund with a separately identified TIF State Route and Ramp Account included as part of the fund and the TIF RTCIP Fund. Each TIF fund shall be placed in an interest-bearing account.
(a) TIF RTCIP Fund. RTCIP Impact Fees shall be placed in the TIF RTCIP Fund and shall be accounted for on a County-wide basis. The TIF RTCIP Funds shall be expended solely for the construction or reimbursement for construction of TIF RAS Facilities.
(b) TIF Facilities Fund. All other TIF fees, excluding funds placed in the TIF RTCIP Fund and TIF State Route and Ramp Account, shall be segregated into separate accounts by TIF Area and Region to separately account for TIF paid for local and regional TIF Facilities. TIF Area funds shall be expended solely for the construction or reimbursement for construction of local TIF Facilities within the TIF Area from which the fees comprising the fund were collected. Fees collected hereunder by TIF Region shall be expended solely for the construction or reimbursement for construction of TIF Facilities within the TIF Region from which the fees comprising the fund were collected. These fees may also be used to reimburse the County for TIF Facilities constructed by the County with funds from other sources. TIF Facilities and funds shall be identified in a Department of Public Works Detailed Work Program, which includes capital improvements and other transportation related expenditures. The TIF Facilities within the Detailed Work Program (DWP-TIF) will be presented for Board approval as part of the annual budget approval process or in stand-alone Board letters. TIF Facilities funds within the DWP-TIF will not be co-mingled with other project funds to ensure that revenues and expenditures are solely and exclusively used for TIF Facility construction. However, these funds may be augmented by other sources, if available, in order to complete TIF Facility projects. For North TIF Regional funds, there is an existing reimbursement agreement between the County and Granite Construction Company, and the terms of that agreement will remain in full effect and will be used to continue to reimburse Granite Construction each quarter.
(c) TIF State Route and Ramp Account. Fees collected for the State Route and Ramps portion of the TIF shall be segregated into a TIF State Route and Ramp Account within the TIF Facilities Fund. TIF State Route and Ramp funds shall be expended solely for the construction of State facilities within the TIF Region from which the fees comprising the fund were collected.
Expenditure for interim improvements that provide incremental progress and measurable benefits, such as increased capacity or traffic flow, will be allowed. These interim improvements will be consistent with the long-term objectives of full TIF Facility construction as determined by the Director. When recommended by the Director, interim improvements will be identified in the DWP-TIF or in stand-alone Board letters and expenditures from the applicable TIF funds will be authorized commensurate with DWP-TIF approval. In selecting which specific road improvements shall be recommended, priority shall be given to those roads that serve projects that have paid impact fees.
When DPW Capital Improvements Program (CIP) is requesting use of funds for a specific project, the Department shall allocate those funds out of the applicable TIF fund so as to be available before the docket date of the necessary approving Board letter. Such funds held for the CIP project shall not be eligible for reimbursement by agreement in accordance with this Division. If sufficient cash is available for full reimbursement from the TIF fund or account, then DPW CIP shall receive cash payment. If funds available in the TIF fund or account are insufficient to fully reimburse the DPW CIP project, reimbursements shall be made in quarterly payments as TIF funds accrue.
(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)
This Division shall apply to all development permits, including building permits, associated with the generation of traffic through new construction or expansion of an existing facility that add square footage space to a facility, as determined by the County. With the exception of the RTCIP Impact Fee which shall be collected for all residential development projects except as exempted by Section 77.210, the TIF shall not be collected for the following development activities:
(a) Alterations, improvements, or additions to an existing residential dwelling, or rebuilding of a destroyed residential dwelling that does not change its classification of occupancy.
(b) Apartment to condominium conversions.
(c) Interim or temporary use permits of three years or less.
(d) Permitted home businesses such as child day care in a residential unit and other business uses allowed within a residence.
(e) Tenant improvements to existing non- residential facilities including changes of occupancy or changes in use for an existing facility.
(f) Minor expansions to existing non-residential facilities. Minor expansions for purposes of this ordinance refer to expansions that increase the total floor space of a facility by no more than 1,000 square feet. Expansions of greater than 1,000 square feet would require payment of TIF for all additional floor space beyond the initial 1,000 square foot expansion. For example, an existing facility that expands from 10,000 square feet to 20,000 square feet would have a TIF obligation based on 9,000 square feet. To prohibit incremental expansions to avoid payment of the TIF, any prior expansions over the preceding five years will be considered part of the current expansion.
(g) Rebuilding of a destroyed non-residential facility that does not increase floor space greater than 1,000 square feet. Expansions of greater than 1,000 square feet would require payment of TIF for all additional floor space beyond the initial 1,000 square foot expansion.
(h) Uncovered outdoor areas for tables or seating for a café or restaurant that do not require a building permit.
(i) Accessory buildings such as non-commercial garages, barns, sea containers, workshops and sheds at residences, and non-residential agricultural buildings (agricultural labor dwellings are not exempt).
(j) Signs, water tanks, propane tanks, other liquid tanks, wells, or similar structures.
(k) Permitting of un-permitted structures (residential or non-residential) constructed prior to September 2005.
(l) Projects with TIF payment obligations of less than $25.
This Division shall not exempt any new development except as provided for in this Division, as required by state or federal law, or in the case of the RTCIP Impact Fee the TransNet Ordinance and Expenditure Plan, SANDAG Ordinance 04-01. In cases where a development is specifically exempt from this Division, but said development has cumulative transportation impacts required to be mitigated as a condition of project approval, the County can accept TIF payment for mitigation purposes.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; 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)
Notwithstanding any other provision of this Division, the applicant as defined in this Division shall, as a part of the development permit process, have the right to present evidence to the Director to demonstrate that the fee calculation or amount of TIF is incorrect or inequitable as applied in such case. In certain cases, assumptions that are built into the program may not apply equitably to a particular land use. In order to address these potential inequities, it is necessary to have a process for appeal. The applicant shall have the burden of demonstrating any inaccuracy or inequity by serving on the Director engineering studies and cost estimates necessary to support the applicant's contentions.
If the applicant is processing an application for which the TIF is a condition of approval, the studies and cost estimates must be served on the Director no later than sixty (60) days prior to approval of the project. The Director shall then make a recommendation regarding fee adjustment to the County hearing body. Upon review of the Director's recommendation, the hearing body shall have the authority to change the amount of fee when it finds the amount so established is incorrect or inequitable in the specific case. The decision of the County's hearing body shall be final, and any additional appeals shall be in accordance with the County subdivision ordinance or zoning ordinance, whichever applies to the application being processed.
If the applicant is seeking a ministerial permit, the appeal, required engineering studies and cost estimates can be served on the Director any time prior to development permit issuance. The Director shall review the requested fee adjustment and shall have the authority to change the amount of fee when it finds the amount so established is incorrect or inequitable in the specific case. The decision of the Director shall be final.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
A development which is designed and intended as a temporary use (3 years or less) and which is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular buildings (including mobile homes, trailers and other residential facilities of ready highway use or relocation not located in an established mobile home park, subdivision, or other non-temporary residential development) may apply to the Director for a TIF fee waiver. The Director shall have the authority to grant such waivers. No waivers shall be granted for the RTCIP Impact Fee. If the temporary use extends beyond three (3) years, the TIF fee must be paid as if the use is a permanent use based on the TIF fee effective at the beginning of the third year.
(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)
Developers may elect to construct TIF Facility improvements rather than pay the TIF. Projects for which developers have elected to construct improvements of sufficient size and scale to mitigate both direct and cumulative impacts, but for which permits that would otherwise trigger the payment of TIF are outstanding, shall be exempt from the payment of TIF. The following projects are exempt from the payment of TIF as a result of the construction of facilities by the developer:
4S Ranch (Areas covered by the Public Benefit Agreement (DA 99-001) dated December 6, 2000),
Pepper Tree Park (SP87-007), and
Alpine Village Center (SP99-047).
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
If a building permit or development permit expires, is cancelled, or is voided and if any fees paid pursuant to this Division have not been expended and no construction has taken place pursuant to such building permit or development permit, the Director shall, upon written request, refund the fee and any interest, if earned, on the fee, to the record property owner or his or her representative.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
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