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K. "Peak hour trip rate" means the average number of peak hour trips generated by a land use cate- gory per unit or per square foot of development, as es- tablished by the city's traffic manager in accordance with Section 3.26.040(A) of this chapter. (Ord. 1765 § 2, 1998) 3.26.030 Applicability. Except as otherwise expressly provided in this chapter, this chapter applies to, and the traffic develop- ment fee required under this chapter is payable with respect to, each development within the city for which a building permit or other entitlement for development is issued on or after the effective date of the fee as adopted in the master fee schedule (on file in the office of the city clerk). (Ord. 1765 § 2, 1998) 3.26.040 Rate of fee. The rate of the traffic development fee shall be calculated in accordance with the procedure set forth in this section and shall be established and adjusted by resolution of the city council and set forth in the master fee schedule (on file in the office of the city clerk) as fol lows: A. Establishment of the Rate. The city council shall establish the rate of the traffic development fee by dividing the net traffic improvement costs attributable to new growth by the total additional peak hour trips gen- erated by future growth. The city council may review and make adjustments to the net traffic improvement costs and peak hour trips as necessary. The net traffic improvements and total peak hour trips shall be deter- mined as follows: 1. Net Traffic Improvement Costs. a. The city council shall determine the traffic improvements which are necessary to implement the circulation element of the general plan and reduce the adverse impacts caused by the increased traffic volume generated by future growth. For purposes of determining the amount of the net traffic improvement costs, the city council shall not include the cost of traffic improve- ments required directly of development pursuant to Ti- tles 18, 19, and 20 of this code. Such direct development requirements, improvements, and dedications in addition to or in lieu thereof, shall continue to be imposed in ac- cordance with Titles 18, 19 and 20 of this code, as ap- propriate, in addition to the traffic development fees unposed pursuant to this chapter. In addition, the city council shall take into account the similarly situated traffic improvements provided and funded by the North Pleasanton Improvement District #3 ( "NPID -3 ") in de- termining the net traffic improvements requiring fund- 81 3.26.030 ing, and the rate of the fee for properties within the NPID -3. b. The city council shall make a reasonable estimate of the total costs necessary to construct, reno- vate, or provide the traffic improvements. c. The city council shall estimate the current and anticipated funding available to satisfy the costs of constructing and implementing the traffic improve- ments. In determining the amount of funding available, the city council shall include funding from other gov- ernmental entities to the extent the receipt by the city of such funding is reasonable, and city revenues appropri- ated for construction or implementation or traffic im- provements, if any. d. The city council shall attribute the need for the traffic improvements between new development and existing development. e. The city council shall determine the differ- ence, if any, between the estimated costs of the construc- tion and implementation of the traffic improvements and the estimated funding available therefor. The extent to which the cost of such construction and implementation exceeds the funds available, or expected to be available, therefor shall be the "net traffic improvement costs." 2. Total Peak Hour Trips. a. The total gross square footage or dwelling unit count, as the case may be, of potential new devel- opment within each land use category as projected to occur during the period of build -out under the general plan shall be multiplied by the peak hour rate for each land use category established pursuant to Section 3.26.020(H) of this chapter. b. The peak hour trips generated by potential new development within each land use category as de- termined pursuant to subsection (A)(2)(a) of this section shall be added together to determine the total additional peak hour trips created by new development which the city's transportation system must accommodate upon build -out under the general plan. 13. Annual Adjustment of the Rate. The traffic development fee rate shall be subject to an annual infla- tion adjustment on January 1st of each year based upon the Engineering News Record Construction Cost Index for the San Francisco —Bay Area. (Ord. 1765 § 2, 1998) 3.26.050 Amount of fee. A. The amount of the fee shall be determined by the building division prior to issuance of the building permit, based upon the type and number of residential units, or upon the amount of gross square footage for commercial, office /retail, and industrial /warehouse de- velopment, and the corresponding rate set forth in the (Pleasanton Stipp. No. 3, 1 -10)