ORD 2192 - Laserfiche WebLink

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 development, and the corresponding rate set forth in the master fee schedule (on file in the office of the city clerk). 1. If a developer is not satisfied with the calculation of the fee by the building division, he or she may request that the traffic engineer 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 engineer 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 materials 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 transportation 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 engineer pursuant to Section 3.26.020(K) of this chapter. Such application shall include 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 engineer determines are sufficient to establish the peak hour trip rate applicable to the development. The developer may also submit additional information which the city traffic engineer 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 engineer, 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 transportation development fee shall be paid only on any additional dwelling units or additional gross floor area resulting 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 existing structure, the transportation 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 transportation development fee determined in accordance with subsection A of this section, shall be reduced by the amount of any credits authorized by Section 3.26.070 of this chapter. E. The amount of the fee shall be reviewed at least every four years. 3.26.060 Payment of fee. A. The 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 permit from the city, the transportation development fee shall be payable within 30 days of final action on the development entitlement. B. If the developer has appealed the determination of the fee, and such appeal is pending at the time he or she applies for a building permit, the developer must pay the transportation 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 reduced, the developer shall be refunded the difference within 30 days. C The city shall not accept prepayments of the transportation development fee, unless prepayment is authorized in a development or other agreement.