2010 JANUARY - Laserfiche WebLink

3.26.060 master fee schedule (on file in the office of the city clerk). 1. If a developer is not satisfied with the calcu- lation of the fee by the building division, he or she may request that the traffic manager review the peak hour trips generated and /or community development director review the gross square footage and land use category to determine the fee in accordance with this chapter. The traffic manager and /or community development director shall calculate the fee within 30 days of the submission of a written request for review, and receipt of all materi- als necessary to determine the amount of the fee. 2. Because the fee for commercial uses has been established based upon an average for several types of commercial uses, the developer may only petition for a review of the commercial traffic development fee to be charged to its development based upon a peak hour trip rate which is substantially different from that established by the city's traffic manager pursuant to Section 3.26.020(K) of this chapter. Such application shall in- clude a traffic study contracted for by the city, and paid for by the developer, or such other reports and analyses in lieu thereof as the city traffic manager determines are sufficient to establish the peak hour trip rate applicable to the development. The developer may also submit ad- ditional information which the city traffic manager shall consider insofar as he or she determines it to be relevant in establishing the peak hour trip rate applicable to the development, including, but not limited to, information contained in the trip generation manual adopted by the Institute of Transportation Engineers. The city traffic manager, based upon his or her review and consideration of the information provided in the foregoing studies, reports, or analyses, and such other information as he or she may deem relevant, may approve a peak hour trip rate for the development which is different than that set forth in Section 3.26.020(K) of this chapter. B. For development consisting of an addition, extension, or enlargement of an existing structure, the traffic development fee shall be paid only on any addi- tional dwelling units or additional gross floor area re- sulting from such addition, extension, or enlargement. C. For development consisting of a conversion or change in use of an existing structure which increases the peak hour trip rate otherwise applicable to such ex- isting structure, the traffic development fee shall equal the fee applicable to the entire new structure minus the fee otherwise applicable to the existing structure. D. The amount of the traffic development fee determined in accordance with subsection A of this sec- tion, shall be reduced by the amount of any credits au- thorized by Section 3.26.070 of this chapter. (Pleasanton Supp- No. 3. I -10) 82 E. The amount of the fee shall be reviewed at least every four years. (Ord. 2000 § 1, 2009; Ord. 1765 § 2, 1998) 3.26.060 Payment of fee. A. 'Ile full amount of the fee shall be paid at the time of issuance of the building permit. For those instances where a developer receives an entitlement for development, but is not required to seek a building per- mit from the city, the traffic development fee shall be payable within 30 days of final action on the develop- ment entitlement. B. If the developer has appealed the determina- tion of the fee, and such appeal is pending at the time he or she applies for a building permit, the developer must pay the traffic development fee to receive a building permit, but may do so under protest. If the developer's appeal is successful, and the fee is subsequently re- duced, the developer shall be refunded the difference within 30 days. C. The city shall not accept prepayments of the traffic development fee, unless prepayment is authorized in a development or other agreement. (Ord. 1765 § 2, 1998) 3.26.070 Credits. When a developer constructs a traffic improve- ment not otherwise required by Titles 18, 19, and 20 of this code, the developer's traffic development fee shall be reduced as provided in this section. A. Eligibility. 1. To be eligible for credit, each of the follow- ing must be satisfied: a. The construction for which credit is given must be a traffic improvement which would otherwise be constructed by the city using traffic development fee funds. b. The traffic improvement must appear on the city council approved list of traffic development fee improvements, as said list may be amended from time to time. c. The land on which the work is done must be owned by the city, or offered for dedication to the city through a recorded document. d. The developer shall have improvement plans for the work approved by the city and shall have pro- vided the required security before beginning construc- tion. e. The developer and the city must enter into a written subdivision or other agreement. 2. The agreement shall include the amount of the credit which will be given (or for unusual projects,