Title
Ordinance adding Chapter 15.66 (“Heavy Construction Vehicle Fee”) to Title 15 (“Buildings and Construction”) of the South San Francisco Municipal Code to establish a Heavy Construction Vehicle Fee to mitigate the impacts of new developments on paved streets in the City.
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WHEREAS, the City of South San Francisco (“City”) is responsible for maintaining 140 centerline miles of street pavements. The City currently has an average pavement condition index score of 76. In 2023 the City sought professional consulting services to assist in evaluating the impacts of utility cuts and heavy construction vehicles on the City’s street network; and
WHEREAS, heavy construction vehicles and equipment associated with new development cause rapid deterioration and worsen pavement conditions; and
WHEREAS, heavy construction vehicles required for new development degrade City-maintained streets and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance, and repair; and
WHEREAS, the City Council desires to ensure that new development pays for the impacts of the construction related to that development on the City’s streets; and
WHEREAS, the City is authorized to assess the Heavy Construction Vehicle Fee through the Mitigation Fee Act; and
WHEREAS, in accordance with Section 66016 of the Mitigation Fee Act, at least fourteen (14) days prior to the public hearing at which this Ordinance was introduced, notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and
WHEREAS, in accordance with Government Code Section 66016, the Fee Study was available for public inspection, review, and comment for ten (10) days prior to the public hearing at which the Council considered the adoption of the Heavy Construction Vehicle Fee; and
WHEREAS, ten (10) days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 66018; and
WHEREAS, based on all of the information at the September 24, 2025 and October 8, 2025 City Council meetings, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials (hereafter the “Record”), the City Council finds that under CEQA Guidelines Section 15061, addition of this Ordinance does not constitute a project under CEQA as it will not result in any direct or indirect physical change to the environment and therefore review under CEQA is not required pursuant to CEQA Guidelines Section 15060.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference.
SECTION 2. Addition of Chapter 15.66 to Title 15
The City Council hereby adds Chapter 15.66 to the South San Francisco Municipal Code to read as follows:
CHAPTER 15.66 HEAVY CONSTRUCTION VEHICLE FEE
15.66.010 Purpose.
This Chapter is for the purpose of providing funds to restore and maintain City streets, which rapidly deteriorate as a result of the impacts of heavy construction vehicles associated with new development.
15.66.020 Heavy Construction Vehicle Fee established.
(a) The Heavy Construction Vehicle Fee is hereby established.
(b) The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fee based upon the special impacts of development activity on the City’s roads that are associated with the unusually heavy vehicles necessary to transport materials and equipment for construction, which impacts are in addition to impacts of standard usage.
(c) Payment of the Heavy Construction Vehicle Fee shall be imposed on every type of development project in the City that requires a building permit and adds new residential or nonresidential building square footage.
15.66.030 Timing of payment.
The Heavy Construction Vehicle Fee shall be charged to and paid by each development subject to the fees at the time of the issuance of any building permit.
15.66.040 Exceptions.
No Heavy Construction Vehicle Fee shall be charged for:
(a) The development of an Accessory Dwelling Unit (ADU) that will be under 750 square feet in size.
(b) The development of an ADU of any size if it is constructed at the same time and under the same permit as a new or expanded main residential unit.
(c) City projects.
15.66.050 Variance from payment of Heavy Construction Vehicle Fee.
(a) Any person subject to the Heavy Construction Vehicle Fee may request that the Director of Public Works or their designee waive or reduce the requirement of payment of the fee due to individual circumstances that demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related to the projected impact of the proposed development.
(b) The decision of the Director of Public Works or their designee may be appealed to the City Manager by letter within five (5) City business days of the date of the Director’s or designee’s decision. Appeals shall state the name, address, telephone number, and, if available, the email address of the person making the appeal and the reason(s) for the appeal. The City Manager may delegate all of the duties of this section to another person. The decision of the City Manager or designee is final.
(c) The failure to appeal the Director’s or designee’s decision or to file a timely appeal shall render the Director’s or designee’s decision final and the right to appeal is waived. The timeliness of an appeal shall be determined from the date the City Manager received said appeal.
(d) No fee shall be charged for an appeal.
15.66.060 Use of fee revenues.
The fees paid in accordance with the provisions of this Chapter shall be placed in a special fund to be known as the Pavement Recovery Fee Fund. The revenues from the fees will be used for restoration and maintenance of City pavement and other related costs and for the purposes outlined in this chapter and by resolution, consistent with the purposes of the fee.
SECTION 3. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance.
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