Appendix 81102. Transportation impact mitigation fee.

(a)

As a condition of approval of any building permit or zoning clearance for a development in the Piru Area of Interest, the applicant must pay a transportation impact mitigation fee, as calculated according to subdivision (b).

(b)

The transportation impact mitigation fee must be calculated according to the following formula:

Fee = (A × B × (1+C)) + D

where:

"A" equals the estimated ADT;

"B" equals eighty-eight dollars and ninety-four cents ($88.94), as approved by the Board of Supervisors in amending the Piru Area Plan;

"C" equals the total percentage change in the ENR Construction Cost Index between January 1, 2016 and the year in which the application for a building permit or zoning clearance is filed to adjust for inflation (for example, if the ENR Construction Cost Index for 2016 were two thousand (2,000), and that for the year of the permit application were three thousand (3,000), "C" would equal one-half (0.5) ((3,000—2,000)/2,000 = 0.5); and

"D" equals four dollars and fifteen cents ($4.15), representing the pro-rata cost of writing the ordinance adding this Chapter, as approved by the Board of Supervisors in amending the Piru Area Plan.

(c)

Any transportation impact mitigation fee imposed as a condition of approval of a building permit must be paid before issuance of the permit or, if otherwise specified in Section 66007 of the Government Code, on the earliest date payment can be required under that section. Any transportation impact mitigation fee imposed as a condition of approval of a zoning clearance must be paid before issuance of the zoning clearance.

(d)

The transportation impact mitigation fee must be paid in cash, except as provided in subdivision (e).

(e)

With the prior permission of the Director, an applicant for a building permit or zoning clearance may pay any portion of the transportation impact mitigation fee by dedication to the County of certain road improvements identified in the Piru Area Plan having at least an equivalent value. Before payment by dedication is made, the Director must first determine the value of the dedicated improvements, based on adequate engineering studies and cost data. If the value of the dedicated improvements is less than the portion of the fee that may be paid by dedication, the applicant must pay the balance of the fee in cash. If the value of the dedicated improvements is greater than the portion of the fee that may be paid by dedication, the applicant must forfeit the difference. For the purposes of this section, payment by dedication of improvements that have not yet been completed is deemed to have been paid when the County has title to the right-of-way to be improved and the improvements are to be completed under an improvement agreement secured in the manner required by this Code for improvement agreements pertaining to subdivisions.

(Ord. No. 4500, § 12-13-2016)