§ 8601-3. Computation of fee.

Except as otherwise provided in this section, and subject to the provisions of Section 8601-7, the amount of the traffic impact mitigation fee to be paid pursuant to Section 8601-2 for each traffic impact district shall be computed in accordance with the following formula:

Fee = [A × B × (1 + C) × D] + E

where:

"A" equals the estimated ADT for the development for which the building permit or zoning clearance is issued;

"B" equals the estimated cost per ADT expressed in 2001 dollars of the pro-rata cost per ADT for each traffic district. To fund the improvements to that portion of the regional road network lying within the unincorporated area of the County that are or will have to be made between January 1, 2001, and January 1, 2020, in order to maintain an acceptable LOS on that portion of the regional road network, if the development that is projected by the General Plan to occur between January 1, 2001, and January 1, 2020, within both the incorporated and unincorporated areas of the County, actually occurs;

"C" equals 0% of the value "B" which 0% is hereby determined to be the estimated amount, expressed in 2001 dollars of the development's pro-rata share of the cost of administering this chapter;

"D" equals an inflation adjustment factor, based upon the Engineering News Record Construction Cost Index as published by the McGraw-Hill Companies, to account for inflation from January 1 , 2001 , to the date the fee is computed; and

"E" equals the amount of the traffic impact mitigation fee, if any, imposed by this chapter on development located within the unincorporated portion of a traffic impact district pursuant to an agreement between the County and a city for the purposes of reimbursing the city or other responsible agency for the development's pro-rata share of the cost of improvements to the city road system that are needed to accommodate additional traffic generated by that development.

The value "E," with respect to development within the unincorporated portion of the traffic impact district, as identified above, of any city in the County is the dollar amount determined in accordance to a separate cooperative traffic impact fee agreement between the County and the city pursuant to this chapter. In the absence of a signed agreement between the County and the city, the value of "E" is zero. This amount equals the portion of the traffic impact mitigation fee imposed by the Traffic Impact Mitigation Fee Ordinance within the unincorporated portion of the city's area of interest pursuant to an agreement between the County and that city for the purposes of reimbursing the city or other responsible agency for the development's pro-rata share of the costs of improvements to the city road system that are needed to accommodate additional traffic generated by that development.

The specific number value to be assigned to "A" with respect to any development for which an adequate traffic study has been prepared shall be the estimated ADT specified in the traffic study for that development. The specific number value to be assigned to "A" with respect to any other development shall be the applicable estimated ADT determined by reference to a Traffic Generation Factor Table to be adopted from time to time by resolution of the Board of Supervisors based upon evidence presented to it. That table shall list appropriate land use categories, appropriate measurement units within each category, and the estimated ADT for each measurement unit. For example, the table might list senior citizen housing as one category of land use, list a dwelling unit as the appropriate measurement unit, and list an estimated ADT for each dwelling unit within such housing. The estimated ADT for each measurement unit on the table shall be computed in consideration of the average trip length, pass-by trips and diverted linked trips, if any, associated with the land use category to which the measurement unit belongs. In cases where the development use does not clearly fall within one of the land use categories listed on the table, the person issuing the building permit or zoning clearance shall assign the development to the category that he or she deems most nearly applicable, subject to the appeal process specified in Section 8601-5. In any case where the development is the modification or replacement of an existing structure or use, the value "A" for the development shall be the estimated ADT for the new or modified structure or use minus the estimated ADT for the existing structure or use.

The specific number values to be assigned to "A" and "B" in the foregoing formula shall be determined by resolution of the Board of Supervisors from time to time on the basis of evidence submitted to it, subject to the provisions of this chapter.

(Add Ord. 4246—11/6/01)