§ 13-230. GRADE SEPARATION STRUCTURES AND RELATED FACILITIES.

(a)  Purpose. The purpose of this section is to ensure the provision of grade separation structures and related street facilities, including but not limited to frontage roads, freeway off-ramps, and off-street realignments, necessary for the accommodation of vehicular and pedestrian traffic at or near railroad crossings. This section is further intended to provide a means for the levying and collecting of fees within the Urban Growth Management Area to be used for the purpose of designing and constructing such grade separation structures and related street facilities.

(b)  UGM Grade Separation Service Areas. The Council may establish by resolution Grade Separation Service Areas within the Urban Growth Management Area for grade separation projects in or near the Urban Growth Management Area.

(c)  UGM Grade Separation Fee. The council shall designate in the Master Fee Resolution a schedule of UGM Grade Separation Fees for each UGM Grade Separation Service Area. The total amount of fees to be generated shall be based upon an equitable allocation determined by the Council after considering the estimated amount of grant funds available from the state, county, or affected railroad company, traffic generated from future developments, gas tax revenues, and any other funds available to contribute to the engineering, design, and construction of the grade separation and related or alternate facilities. In no event, however, shall the total amount of fees generated equal less than ten per cent of the total cost of designing and constructing such grade separation and facilities. The Council may review and amend the fees set forth in the Master Fee Resolution from time to time to reflect inflation or any change in the factors which were considered in estimating the cost of designing or constructing such grade separation and related or alternate street facilities. Area calculations shall be based upon the following:

(1) Gross acreage shall be calculated to include street right-of-way and shall include one-half of the right-of-way on boundary streets, except that areas dedicated or condemned for public street purposes for any arterial or collector street shown on any master or official plan of streets and highways shall be excluded in calculating gross acreage.

(2) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Director may require the payment of the Grade Separation Fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet, or one-fourth of the lot, whichever is greater. When the balance of the lot is developed, the Grade Separation Fee shall be paid therefor. The Director shall fix the portion of the lot which is to be considered as developed.

(3) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the Grade Separation Fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

(d)  Reimbursement. Reimbursement shall be made according to the terms of Section 12-4.504-C of this Code.

(e)  Fees Payable at Final Subdivision Map. The UGM Grade Separation Fee allocable to any lot shall be payable upon the recordation of the final subdivision or parcel map or in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

(f)  Construction of Grade Separation and Related Facilities. All Grade Separation Fees collected from development within an established UGM Grade Separation Service Area shall be deposited in a UGM Grade Separation Fund for the area in which collected. Each fund shall be used solely for the purposes of designing and constructing a grade separation structure and related facilities within the UGM Grade Separation Area in which such fees were generated, and for administration, inspection, and engineering costs of the city directly related thereto. In the event the city determines grant funds from the state, county, or railroad company are unavailable or insufficient to complete the design and construction of a grade separation and all related facilities, the fund shall be used for such alternate facilities as the Council deems most appropriate for the facilitation of vehicular and pedestrian traffic at or near the railroad crossing.

(g)  Agreements. The Director is authorized to enter into any agreement acceptable to the City Attorney, which is consistent with, and promotes the purposes and goals of, this section. (Added Ord. 80-54, § 1, eff. 5-2-80; Am. Ord. 80-132, § 11, eff. 10-3-80; Am. Ord. 82-82, § 4, eff. 9-17-82; Am. Ord. 89-85, § 4, 7-28-89; Am. Ord. 95-38, § 3, eff. 6-9-95).