Transportation Impact Fee (TIF) - Mountain Empire

“SEC. 77.202. PURPOSE. The purpose of this Division is to make provision for assessing and collecting fees in accordance with the Mitigation Fee Act, California Government Code §§ 66000 et seq., as a condition of approval of a land development project or prior to issuance of a development permit, including a building permit, to defray the actual or estimated costs of constructing planned transportation facilities necessary to accommodate increased traffic generated by future development. Application of this fee will include, but is not limited to, development for residential, commercial and industrial land uses.”

“The fees collected pursuant to this Division are to fund identified transportation facilities, or portions thereof, that will mitigate for the cumulative impacts of future development on transportation facilities within the unincorporated county as identified in the Mobility Element (ME) of the General Plan. The transportation facilities for which these fees are collected are identified as "TIF Facilities" and include improvements to Mobility Element roads identified in the County's General Plan, Regional Arterial System (RAS) roads as identified by the San Diego Association of Governments and certain State routes, ramps and interchanges.”

2012-10-31

“PASSED, APPROVED, AND ADOPTED by the Board of Supervisors of the County of San Diego this 31st day of October, 2012. ... The above Ordinance was adopted by the following vote: AYES: Cox, Jacob, Slater-Price, Roberts, Horn ... ATTEST my hand and the seal of the Board of Supervisors this 31st day of October, 2012. THOMAS J. PASTUSZKA Clerk of the Board of Supervisors ... No. 10231 (N.S.)”

Ordinance No. 10231 (N.S.)

“PASSED, APPROVED, AND ADOPTED by the Board of Supervisors of the County of San Diego this 31st day of October, 2012. ... The above Ordinance was adopted by the following vote: AYES: Cox, Jacob, Slater-Price, Roberts, Horn ... ATTEST my hand and the seal of the Board of Supervisors this 31st day of October, 2012. THOMAS J. PASTUSZKA Clerk of the Board of Supervisors ... No. 10231 (N.S.)”

at building permit

“(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.”

“SEC. 77.218. APPLICABILITY. 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. ... (l) Projects with TIF payment obligations of less than $25.”

“SEC. 77.211. CREDITS FOR RTCIP IMPACT FEE. Credits, reductions and other offsets for the value of the construction of road improvements shall not be used to reduce the TIF otherwise owed, except for credits required by the TransNet Ordinance and Expenditure Plan, SANDAG Ordinance 04-01, to be applied to the RTCIP Impact Fee paid by residential developers. If a residential developer funds or constructs a TIF RAS improvement, the developer shall receive a credit in the form of a reimbursement for the improvement up to, but not exceeding, the cost estimates identified in the TIF Report for the RAS facility.”

“(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.”