§ 10.40.080. Signal mitigation program fees.

The signal mitigation program fees are adopted as follows:

A.

The signal mitigation program fees shall be in accordance with the fee schedule set out in Exhibit "A," attached to the ordinance codified in this chapter, which is incorporated into this chapter, and shall be adjusted annually in accordance with the annual change in the Construction Cost Index or similar index that may be established by the board of supervisors.

B.

Signal mitigation program fees shall be comprised of a calculated base fee and additional fee elements calculated as a percentage of the base fee. Those additional fee elements are as follows:

1.

Traffic signal coordination/interconnect;

2.

Intelligent vehicle highway systems (IVHS);

3.

Administrative.

C.

Fee categories are established for the land uses, listed and described as follows:

1.

"Residential single-family" means all single-family residential dwellings, including those within mobilehome subdivisions.

2.

"Residential multiple-family" means all residential dwellings other than residential single-family. This category shall include but shall not be limited to multiple-family dwellings, two-family dwellings, apartment houses, boarding, rooming, and lodging houses, congregate care residential facilities, and individual spaces within mobilehome parks and recreational vehicle parks.

3.

"Institutional/nonprofit" means all property used exclusively for institutions such as churches, museums or schools, as well as properties used exclusively for nonprofit religious, scientific or hospital purposes. The exclusive use of the property shall be considered to mean that no profit making uses shall be allowed on the properties. The applicant shall provide documentation from the California Franchise Tax Board certifying that the proposed use of the property is for nonprofit purposes to qualify for this fee category.

4.

"Industrial/commercial" means land uses that are consistent with any of the following descriptions:

a.

An industrial or manufacturing business that employs personnel and capital in a productive or profit-making enterprise;

b.

A commercial business engaged in wholesale or retail marketing or products or services with an intent to make a profit;

c.

A commercial business engaged in the growth, production or processing of plant and animal products. This shall include, but shall not be limited to, agricultural, dairy and poultry uses.

5.

"Senior/retirement residential single-family" means all residential single-family dwellings which are legally restricted to occupancy by senior citizens, pursuant to a senior citizen zoning classification adopted in accordance with Section 18.7 of Riverside County Ordinance No. 348.

6.

"Senior/retirement residential multiple-family" means all residential multiple-family dwellings which are legally restricted to occupancy by senior citizens, pursuant to a senior citizen zoning classification adopted in accordance with Section 18.7 of Riverside County Ordinance No. 348.

D.

The fees established by this chapter shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year in the Construction Cost Index for the Los Angeles metropolitan area. The first fee adjustment shall not be made prior to minimum of ten (10) months subsequent to the effective date of this chapter. The fees, as adjusted annually, shall be compiled by the transportation and land management agency, and shall be included in an annual report to the board of supervisors pertaining to the signal mitigation program. The annual report shall be presented to the board of supervisors by May 15th of each year, and fee adjustments shall be effective on July 1st of each year. The continued validity of the fee calculation methodology shall be evaluated by the transportation and land management agency, and a summary of the evaluation shall be presented to the board of supervisors every five years subsequent to the date of the enactment of this chapter. The individual fee element percentages may be adjusted by a resolution of the board of supervisors.

E.

All applicants for building permits shall pay signal mitigation program fees to the transportation and land management agency as a condition of the building permit, and as follows:

1.

Notwithstanding any written requirements to the contrary, the signal mitigation program fee shall be paid whether or not the property is subject to Riverside County conditions of approval for payment of the fees.

2.

The fees shall be included in the county conditions of approval for land divisions and discretionary permits.

3.

The signal mitigation program fee shall be paid in full at the time of final inspection, or at the time that a certificate of occupancy is issued, whichever occurs first. Advance payment may be made concurrent with application for building permits. Advance payments prior to issuance of a building permit may be made if formally agreed upon by the county and the applicant.

4.

The signal mitigation program fee for residential developments which contain more than one dwelling, and for which county conditions of approval for payment of the fees have been imposed, shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first, notwithstanding any provisions to the contrary that may be contained in the conditions of approval.

5.

The signal mitigation program fee for industrial/commercial developments shall be paid on a lump sum basis for the entire project area as approved for the discretionary permit.

6.

If all or part of development properties are sold prior to payment of the signal mitigation program fee, such property shall continue to be subject to the requirement for payment of the fees by the purchaser of the development property, as provided in this chapter.

7.

No final inspection shall be made, and no certificate of occupancy shall be issued, prior to full payment of the signal mitigation program fee.

8.

Discretionary uses, for which the county does not require a final inspection or issuance of a certificate of occupancy, shall pay required signal mitigation program fees prior to any use allowed under the discretionary permit, or as otherwise provided in the conditions of approval.

F.

Fee payment shall be assessed one time per lot or parcel except in cases of changes in land use. Fees for changes in land use shall be reduced by the amount of any previously paid fees for that property, and no refunds will be provided for changes in land use to a lower fee category. It shall be the responsibility of the applicant to provide documentation of any previously paid fees.

G.

Fees shall be in accordance with the signal mitigation program fee schedule in effect at the time of payment, unless a prior condition of approval or agreement between the county and the applicant includes a requirement for a different fee amount. It shall be the responsibility of the applicant to provide documentation of a prior fee amount requirement. Fee credits or in lieu payments shall be allowed only as specifically provided within this chapter. There shall be no deferments of signal mitigation program fees.

H.

Acreage-based contributions shall be computed on the basis of the project area in accordance with the following:

1.

The project area shall be determined or verified by county staff based upon the applicant's development plot plan as submitted to the planning department.

2.

If the difference between the net acreage, as exhibited on the plot plan, and the project area is less than one-quarter acre, the fees shall be charged on the full gross acreage.

3.

The applicant may elect, at his or her own expense, to have the project area evaluated, dimensioned and certified by a registered civil engineer or a licensed land surveyor. The engineer or land surveyor shall prepare a wet-stamped letter of certification of the project area dimensions and a plot plan exhibit that clearly delineates the project area. Upon receipt of the letter of certification and plot plan exhibit, the fees will be established based upon the certified project area.

4.

Appeals regarding the determination of a project area or fee shall be submitted in writing to the director of transportation.

I.

Accounting, recordkeeping, expenditure and management of signal mitigation program funds shall be in accordance with the established procedures of the transportation and land management agency, this chapter, and all applicable federal and state laws. For accounting purposes, signal mitigation program funds expended shall be considered to be the earliest deposited funds in the signal mitigation program account.

J.

Refunds of signal mitigation program fees shall not be made, except in cases of overpayment or miscalculation of fees.

(Ord. 748.1 § 1, 1999; Ord. 748 § 8, 1994)