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February 14, 2008

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Supervisors approve changes to TIF ordinance  

By Joe Naiman
The Alpine Sun

     Under a plan approved 3-2, by the San Diego County Board of Supervisors, some Transportation Impact Fee charges will increase while others will decrease.
     Since an ordinance amendment is involved, a second reading and adoption is required. The Jan. 30 action approved the first reading, and the introduction of the ordinance and second reading is scheduled for Feb. 27.
     The motion also directed the county’s Chief Administrative Officer to work on issues brought forward during the public comments, particularly a spending plan, credits for frontage improvements, and a potential oversight committee.
     “It’s important to continue the work to see how we can make this better,” said Supervisor Dianne Jacob. “It’s not perfect today, what we have before us.”
     All five supervisors sought a reduction in the TIF charges for commercial and industrial development, but revenue-neutrality considerations led to the elimination of credits for frontage improvement. Supervisor Bill Horn’s substitute motion to continue the hearing for 60 days was defeated on a 3-2 vote with Ron Roberts supporting Horn on the substitute motion and Jacob, Greg Cox, and Pam Slater-Price seeking quicker action.
     Jacob, Cox, and Slater-Price supported the final motion with Horn and Roberts in opposition.
     “I’m sure we’re going to be taking an additional look at it,” Cox said.
     “I just think there’s some language in here that has some very, very serious implications,” Horn said. “I do think this is an issue that has to be addressed.”
     In April 2005 the San Diego County Board of Supervisors adopted a Transportation Impact Fee ordinance in order to comply with state law and provide funding for the construction of transportation facilities needed to support the increased traffic generated by new development. The TIF ordinance was expected to help small developers who could address their projects’ impacts easier with a single check rather than with a comprehensive cumulative impact study.
     Prior to a 2002 court case, the California Environmental Quality Act allowed exemptions for relatively small “de minimus” cumulative traffic impacts, but after the exemptions were declared invalid CEQA was changed to require all traffic impacts to be addressed and mitigated.
     The change in the CEQA law held up about 300 projects in the unincorporated area due to the difficulty of developers to fund the required traffic studies as well as the road improvements. In some cases the road improvements exceeded the actual cost of the project.
     “I don’t think any of us actually wanted to adopt a TIF fee in the first place,” Jacob said.
     Since the adoption of the TIF ordinance, citizens and local community groups as well as applicants and developers have expressed concern that the industrial and commercial fees are too high, producing a heavy strain on economic growth and development in unincorporated communities.
     “This board got stampeded into doing something that was ill-conceived,” Roberts said. “An enormous amount of damage has been done.”
     In November 2007 the supervisors requested that county staff address specific issues and return to the board in 60 days with recommendations to change the TIF program to encourage commercial and industrial development in unincorporated San Diego County.
     “The results of that study highlight an improved program,” Jacob said. “These changes, they should encourage, not hinder, industrial development in the unincorporated area.”
     The TIF assessment itself would be reduced by an average of 40 percent for commercial and industrial projects, although the elimination of frontage credits offsets that savings for many projects. The adjustment for residential projects would range from a reduction in 28 percent to an increase of 3.5 percent.
     If approved during the second reading, the TIF for a single-family detached residential unit in Alpine would be $5,526, which consists of $1,812 for local improvements, $3,294 for regional impacts, and $150 for freeway ramps. The Central Mountain and Mountain Empire areas each carry total costs of $2,198 to account for $2,195 of regional impacts and $3 for freeway ramps.
     Multi-family attached homes, condominiums and apartments, lodging including hotel rooms and timeshare units, and accessory apartments (granny flats) will be charged at 67 percent of the single-family dwelling fee for each unit. Mobilehomes, agricultural labor housing, and retirement communities will be assessed at 33 percent of the single-family dwelling rate for each unit, and congregate care facilities for residents unable to care for themselves will pay 20 percent of the single-family dwelling cost for each unit.
     Alpine’s general commercial rate will be $9,235 per 1,000 square feet, which covers $5,426 in local costs, $3,342 in regional impacts, and $467 for freeway ramps. The Central Mountain and Mountain Empire rates will be $5,075 to cover $5,066 of regional costs and $9 for freeway ramps.
     If a project’s building plan check fees are paid on or before Feb. 29, regardless of whether the building permit has been obtained prior to the effective date of the ordinance update, the builder has the option of paying the existing TIF rate or the new rate.
     The exemptions to the TIF charges were also expanded to specify conversions from apartments to condominiums, tenant improvements to an existing facility including changes of occupancy or use, minor expansions of up to 1,000 square feet, uncovered outdoor restaurant seating, fuel tanks and gas pumps, and permitted home businesses such as child care.
     If the second reading and adoption is approved Feb. 27, the revised ordinance will take effect April 28.
     “I just really think there needs to be more discussion here,” Horn said.
     “The idea of an oversight committee would be a good one,” Slater-Price said.
     “All we did is stop building. We didn’t improve the roads,” Roberts said. “This thing needs an overhaul.”
     Roberts noted that the state law requiring mitigation of cumulative impacts allows for numerous options. “We went down the wrong path,” he said.
     “We’re going to have no development if we continue this,” Horn said.
     Roberts said that the fees were based on theoretical scenarios. “None of it worked,” he said. “It’s wrong in the housing. It’s wrong in the commercial. It’s wrong in the industrial. It’s just plain wrong.”


                                           
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