HomeMy Public PortalAbout03 Amending Chapter 3.33 of the Truckee Municiple Code Regarding Mitigation Fee Programs TOWN OF TRUCKEE
California
ORDINANCE 2016-03
AN ORDINANCE AMENDING CHAPTER 3.33
OF THE TRUCKEE MUNICIPAL CODE
REGARDING MITIGATION FEE PROGRAMS
WHEREAS, the Town of Truckee General Plan includes express policy statements
that require that future land development fund its fair share of necessary public improvements
and require that a Townwide fee program be enacted to fund such improvements; and
WHEREAS, a traffic impact fee study dated February 1, 2016, hereinafter referred to
as the "Report", was prepared by LSC Transportation Consultants Inc pursuant to California
Government Code §§ 66000 etc (the Mitigation Fee Act) and is on file in the Office of the Town
Clerk; and
WHEREAS, the Report has analyzed: (i) the impacts of contemplated future land
development on the existing public road system in the Town; (ii) the need for new roadways and
the improvements to existing roadways required to serve development; (iii) the relationship
between new development and the needed roadway facilities; and (iv) the estimated cost of
such new and improved roadway facilities. The Report contains a list of capital improvement
projects intended to address the need for new and improved roadway facilities; and
WHEREAS, the Report has been made available for public inspection and review prior
to its adoption; and
WHEREAS, future updates to the Report may be necessary to reflect changes in land
development or roadway improvement requirements; and
WHEREAS, the purpose of the fee program amended by this ordinance is to fund new
development's share of public improvements throughout the Town of Truckee; and
WHEREAS, the fees collected pursuant to this ordinance shall be used to finance the
roadway facilities identified and described in the Report; and
WHEREAS, after considering the Report and the testimony received the Town Council
approves the Report and incorporates it herein as if fully set forth; and
WHEREAS, the facts and evidence presented establish that: (i) there is a reasonable
relationship between the need for the described roadway facilities and the impacts of the types
of expected future development for which the corresponding fee is charged because the
roadway improvements funded by the fees are necessary to handle the increase in traffic
created by such development projects, and the development projects paying the fee will benefit
from the roadway system improvements funded by the fees ; (ii) there is a reasonable
relationship or nexus between the use of the fees and the type of development for which the fee
is charged because the fees will be used to construct roadway improvements that are
necessary for the safety, health, and welfare of the users of the development projects for which
fees will be paid; and (iii) these reasonable relationships or nexus are described in greater detail
Ordinance 2016-03
Page 2
in the Report; and
WHEREAS, the cost estimates set forth in the Report are reasonable cost estimates for
constructing these roadway facilities and the fees expected to be generated by new
development will not exceed new development's fair share of the total of these costs; and
WHEREAS, the unexpended funds generated from the previous traffic fee impact
program(s) shall be committed to finance the capital improvement projects identified in the
Report, which incorporates the capital improvement projects set forth in the pre-existing impact
fee ordinance, and there is a reasonable relationship between the development which
generated these funds through the payment of impact fees and the capital improvement projects
contained in the Report; and
WHEREAS, by notice published as required by law, the Town Council set the time and
place for a public hearing on the Report and the fees proposed thereunder, and at least 10 days
prior to the hearing the Town made the Report available to the public; and
WHEREAS, at the time and place set for the hearing, the Town Council duly considered
information and comments provided by the public regarding the Report, the improvements listed
therein, and the fees proposed therein, and all other comments, whether written or oral,
submitted prior to the conclusion of the hearing; and
WHEREAS, the Town Council finds that the Report proposes a fair and equitable
method for recovering from new development a portion of the unfunded costs of improvements
to the Town's roadway system.
The Town Council of the Town of Truckee Does Ordain as Follows:
Section 1.
Town staff have evaluated the potential environmental impacts of the adoption
of this ordinance, the adoption of the Report, the capital improvement plan set forth therein, and
the fees set forth therein pursuant to the California Environmental Quality Act ("CEQA"). Town
staff have determined that these actions do not constitute a "project" under CEQA pursuant to
State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a
government funding mechanism which does not involve any commitment to a specific project
which may result in a potential significant physical effect on the environment. In addition, Town
staff have determined that these actions are categorically exempt from CEQA under Section
15273(a)(4) of the CEQA Guidelines because these actions are merely establishing a fee to
obtain funds for those capital projects necessary to maintain service within existing service
areas and these actions do not provide for the creation of new service areas.
Section 2.
The Town Council concurs with Town staffs determinations set forth in Section 1
above, and directs Town staff to prepare and file a notice of exemption with the County Clerk
pursuant to Section 15062 of the CEQA Guidelines within five days of the date of adoption of
this ordinance.
Section 3.
The Town Council hereby adopts the recitals set forth above as true and correct
and as its findings in connection with the adoption of this ordinance, and adopts the Report and
its findings.
Ordinance 2016-03
Page 3
I
Section 4.
Chapter 3.33 of the Truckee Municipal Code is hereby amended to read as set
forth in Exhibit A, attached hereto and incorporated herein by reference.
Section 5.
The following traffic impact fees are established, and may be reviewed and
revised periodically by resolution of the Town Council:
The traffic impact fee per Dwelling Unit Equivalent (DUE) is $5,651. DUEs are estimated using
the following table:
TABLE 5:Dwelling Unit Equivalent Factors and Fee Calculations
Fee Formula 55,651 x DUE per Unit x Units(from Project)=fee
New
ITE Land Use PM Peak Hour Trip %New Trips per DUE per
Land Use Category Unit Code Rate Per Unita Trips Unit Unit
Resdential
Single-familyt DU 210 1.00 100% 1.00 1.00
Multi-family2 DU 220 0.62 100% 0.62 0.62
Mobile Home DU 240 0.59 100% 0.59 0.59
Retirement DU 252 0.25 100% 0.25 0.25
Hotel/Motel Room 310 0.7 100% 0.70 0.70
Office .
General Office 1,000 s.f. 710 1.49 100% 1.49 1.49
i
Medical Office 1,000 s.t 720 3.57 100% 3.57 3.57
Commercial
General Retail 1,000 s.t
Note 4 6.08 43% 2.64 2.64
Multiplex Moue Theater 1,000 s.t 445 2.94 100% 2.94 2.94
Restaurant-Quality or High-Tumoer 1,000 s.t 931,932 8.67 37% 3.23 3.23
Fast Food Restaurant!Coffee Shop 1,000 s.t 933,934 29.4 30% 8.78 8.78
Supermarket 1,000 s.t 850 9.48 34% 3.24 3.24
Comenlence Market - 1,000 s.f. 851 52.4 24% 12.5 12.5
Bank 1,000 s.f. 912 24.3 27% 6.56 6.56
Gas Station Fueling Position 944 13.87 13% 1.79 1.79
Health Fitness Club 1.000 s.t 492 3.53 75% 2.65 2.65
Industrial
Ught Industrial 1,000 s.t 110 0.97 100% 0.97 0.97
Warehouse 1,000 s.t 150 0.32 100% 0.32 0.32
Hospital 1,000 s.t 610 0.93 77% 0.72 0.72
Public Park '. Acre _ 417 0.2 100% 0.2 0.20
School ` .l
Elementary School ' ' 1,000 s.t. 520 1.21 80% 0.97 0.97
Middle School , • 1,000 el . ., 522 1.19 80% 0.95 0.95
High School 1,000 s.f. 530 0.97 80% 0.78 0.78
Community Cdlege 1,030 s.t 540 2.54 80% 203 2.03
74:401:A secondary dweling win a floor area greater than 850 square feel shal be considered a shgle-famiy residence for the purpose of this Ordnance.
Any snglo-family residence h excess of three bedrooms w0 be assessed en Maternal 0.33 DUE per bedroom h excess of three bedrooms.
Nate 2: hilranityunls are any attached was 0nclo:Ng duplex). h addtbn.a secondary dw ringwih a floor area of 850 square feet or less shal be
considered a rulfarnty residence forme purpose of tris Ordnance.
Nate 3:Rut peak-hour of adjacent sheet traffic.
Note4:Trp generation rate based on calibrated Town of Truckee Nbdel.
2014 Truckee TIFxlsx
Section 6.
111If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of the ordinance. The Town Council of the
Ordinance 2016-03
Page 4
Town of Truckee hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the fact that one or more
sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 7.
Pursuant to California Government Code section 66017(a), the fees adopted by
this Ordinance shall become effective 60 days after its adoption, but the amendments to the
Municipal Code adopted herein shall become effective 30 days after adoption.
Section 8.
The Town Clerk is hereby directed to publish this ordinance in accordance with
the law.
The foregoing ordinance was introduced at a regular meeting of the Truckee Town
Council held on the 9th day of February, 2016, and adopted at a regular meeting of the
Truckee Town Council, on the 23rd day of February, 2016, Council Member Wallace Dee,
moved for the adoption, the motion was seconded by Council Member Barr and was
carried by the following vote:
AYES: Council Member Wallace Dee, Council Member Barr, Council Member
Flora, and Vice Mayor Goodwin.
NOES: None.
ABSENT: Mayor deRyk Jones.
c
0rgan Goodwin, Mayor
ATTEST: APPROVED AS TO ORM:
%'
J dy Pri +, MMC, Town Clerk Andy Morris, Town Attorney
li
Ordinance 2016-03
Page 5
EXHIBIT "A"
CHAPTER 3.33 MITIGATION FEE PROGRAM
3.33.010 Facilities Mitigation Fee Program
Non-traffic facility development impact fees are imposed in connection with the issuance of all
building permits, for development within the Town to pay for certain public facilities and
improvements necessitated by new development, as set forth in the Mitigation Fee Report
adopted by the Town Council, as it may be amended, updated, or superseded from time to time.
The Mitigation Fee Report contains a capital improvement program and analyzed the impacts of
contemplated future land development on the existing public facilities in the Town, the need for
new public facilities, the improvements required by new development, and the relationship
between new development, the needed facilities, and the estimated cost of those facilities.
Until such time as the Town Council by resolution adopts a different schedule of non-traffic
facility development impact fees, the fees identified in the Mitigation Fee Report dated January
2005 shall be applicable to all building permits. The Town Council shall, by resolution, set forth
the specific amount of each fee, the date the fee goes into effect, describe the benefit and
impact area on which the development fee is imposed, list the specific public improvements to
be financed, describe the estimated cost of these facilities, describe the reasonable relationship
between this fee and the various types of new developments, and set forth time for payment.
As described in the fee resolution, these development fees shall be paid by each developer
prior to issuance of a building permit. Pursuant to Government Code Section 66006, on an
annual basis, the Town Council shall review this fee to determine whether the fee amounts are
reasonably related to the impacts of developments and whether the described public facilities
are still needed. The Town Council shall, by resolution, establish detailed rules for the
administration of the non-traffic development impact fee program. The Town Council may, by
resolution, adopt inflationary adjustments to the development impact fees at any time based
upon the Engineering News Construction Index, new information on project costs, or new
information associated with uses of land development.
3.33.020 Traffic Mitigation Fee Program
A traffic impact fee is imposed in connection with the issuance of all building permits, for
development within the Town to pay for designated traffic capacity and safety improvements
necessitated by new development, as set forth in the Truckee Area AB 1600 Traffic Impact Fee
Study adopted by the Town Council, hereinafter referred to as "the Traffic Fee Report", as it
may be amended, updated, or superseded from time to time. The Traffic Fee Report analyzed
the impacts of contemplated future land development on the existing transportation facilities in
the Town, the need for new public facilities, the improvements required by new development,
and the relationship between new development, the needed facilities, and the estimated cost of
those facilities. The Traffic Fee Report will be updated and adopted by the Town Council as
necessary to adequately reflect future land use development projections and transportation
improvements. The current adopted version of the Traffic Fee Report is on file in the Office of
the Town Clerk.
At any time following the establishment of fees by the ordinance amending this chapter, the
Town Council may, by resolution, set forth the specific amount of the fee, the date the fee goes
Ordinance 2016-03
Page 6
into effect, describe the benefit and impact area on which the development fee is imposed, list
the specific public improvements to be financed, describe the estimated cost of these facilities,
111
describe the reasonable relationship between this fee and the various types of new
developments, and set forth time for payment. As described in the fee resolution, this
development fee shall be paid by each developer prior to issuance of a building permit.
Pursuant to Government Code Section 66006, on an annual basis, the Town Council shall
review this fee to determine whether the fee amounts are reasonably related to the impacts of
developments and whether the described public facilities are still needed. The Town Council
shall, by resolution, establish detailed rules for the administration of the traffic fee impact
program. The Town Council may, by resolution, adopt inflationary adjustments to the traffic
impact fee at any time based upon the Engineering News Construction Index, new information
on project costs, new information on cross-jurisdictional impact fee funding, or new information
associated with uses of land development.
1