A. Except as provided in Section 15.84.090 of this chapter, any person who applies to the city for the issuance of a building permit to make an improvement to land for one of the uses which is specified in the current resolution adopting the transportation impact fee schedule, and which will generate or attract additional traffic, shall be required to pay a transportation impact fee in a manner and amount set forth in this chapter provided that the land development activity is consistent with the designations of the Metropolitan Bakersfield General Plan.

B. In the case of structures, mobile homes, or recreational vehicles which are moved from one location to another, a transportation impact fee shall be collected for the new location if the structure, mobile home or recreational vehicle is a type of land development listed in the current resolution adopting the transportation impact fee schedule, regardless of whether transportation impact fees have been paid at the old location, unless the use at the new location is a replacement of an equivalent use at the new location. If the structure or mobile home so moved is replaced by an equivalent use within five years, no transportation impact fee shall be assessed the replacement use. If replaced within ten years, fifty percent of the otherwise applicable fee shall be paid. If replaced after ten years, one hundred percent of the otherwise applicable fee shall be paid. In every case, the burden of establishing past payment of transportation impact fee or equivalency of use rests with the fee payer.

C. Nothing in this chapter shall exempt land development from the requirements of the site plan review policy regarding major retail projects adopted by City Council Resolution No. 111-83.

D. In the event of development that necessitates a general plan amendment, the transportation impact fee shall be as established in subsection A. Any additional local mitigation measures or fees for facilities (not provided for in the facilities list and therefore not a part of the transportation impact fee) shall be established by independent study which shall be based on the actual impacts of said development. The independent study shall measure the impact of the development in question on the road system by following the prescribed methodologies and formats for the study established by the administrator. Any local mitigation fees shall be adjusted annually by the annual Construction Cost Index.

E. Each fiscal year, the administrator shall present to the city council a proposed fee schedule as defined in Section 15.84.030. The fee schedule shall be adjusted annually by the annual Construction Cost Index. Also, the fee schedule shall be evaluated to account for changes in the Regional Transportation Facilities List, changes in cost estimates for the various projects on the list, and any other item which would change new developments proportionate share of the cost of the Regional Transportation Facilities List. This fee schedule shall be adopted by a resolution of the city council following a noticed public hearing. (Ord. 4532 § 1, 2008; Ord. 4150 § 1, 2003; Ord. 4069 § 1, 2002; Ord. 3736 § 1, 1996; Ord. 3513 § 1, 1993; Ord. 3429 § 1, 1992)