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“Street facility improvement” means any collector street, arterial street or other major street or highway; any bridge, storm drain, sidewalk, curb, gutter, street light, traffic signal, street sign or other facility necessary or appurtenant to a collector street, arterial street or other major street or highway; and any real property acquired for the purpose of constructing and installing a collector street, arterial street, or other major street or highway, or any bridge, storm drain, sidewalk, curb, gutter, street light, traffic signal, street sign or other facility necessary and appurtenant thereto.
(Ord. 1956 §1 (part))
“Street maintenance equipment” means all of the vehicles and equipment used by the city in maintaining the city’s street system, including all buildings and real property constructed or acquired for the purpose of storing or servicing such vehicles and equipment.
(Ord. 1956 §1 (part))
A. Residential Property. A transportation facility fee, consisting of a street facility improvement fee, a street maintenance equipment fee and a bikeway improvement fee shall be assessed and levied upon the owners of residential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:
1. The construction of a new building on the property containing 1 or more dwelling units;
2. The construction of alterations or additions to an existing building on the property which adds 1 or more dwelling units to such existing building; or
3. The change in use of an existing building on the property from a previous nonresidential use to a residential use;
B. Nonresidential Property. A transportation facility fee, consisting of a street facility improvement fee and a street maintenance equipment fee shall be assessed and levied upon the owners of nonresidential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:
1. The construction of a new building or structure on the property;
2. The construction of alterations or additions to an existing building or structure on the property which results in the expansion of such existing building or structure; or
3. The change in use of an existing building on the property from a previous residential use to a nonresidential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code.
C. Mixed Used Projects. A transportation facility fee, consisting of a street facility improvement fee, a street maintenance equipment fee and a bikeway improvement fee shall be assessed and levied upon the owners of a mixed use project, however, the mixed uses may be divided into separate fee categories (e.g., residential, nonresidential) based on varying uses by building story (vertical) or reasonable separation on the same level (horizontal), so long as the different uses do not support the higher intensity use. Supporting uses will be considered as part of the more intense use for fee category determination. Subsequent changes in use may require payment of fees to account for a more intense use.
(Ord. 1956 §1 (part), Ord. 2521 §7)
A. Residential Property. The transportation facility fee assessed and levied upon the owner of residential property pursuant to the provisions of this chapter incident to the construction of a new building on the property, construction of alterations or additions to an existing building on the property, or the change in use of an existing building on the property shall be based on the kind of residential development occurring on the property and number of new residential dwelling units being added to the property.
B. Nonresidential Property. The transportation facility fee assessed and levied upon the owner of nonresidential property pursuant to the provisions of this chapter incident to the construction of a new building or structure on the property, construction of alterations or additions to an existing building or structure on the property, or the change in use of an existing building on the property shall be based on the kind of nonresidential development occurring on the property and the square footage of any new building or structure being constructed on the property, the square footage being added to any existing building or structure on the property, and/or the square footage of any existing building or structure on the property or portion of an existing building or structure on the property being changed to a different use.
(Ord. 1956 §l (part))
If, on July first following the city council's adoption of a resolution establishing the amount of the transportation facility fees to be assessed and levied pursuant to the provisions of this chapter or on July first of any year thereafter, there has been an increase in building construction costs within the city, the city manager, without any further action by the city council, shall increase that portion of the transportation facility fees and, where appropriate, that portion of the transportation facility fee credits hereinafter provided for by this chapter which is allocable to the costs of constructing and installing street facility improvements and bikeway improvements in an amount proportional to the increase in such costs. The determination of whether there has been an increase in the costs of constructing and installing street facility improvements and bikeway improvements and the amount of the increase in the transportation facility fees and transportation facility fee credits which is proportional to the increase in such costs shall be made by the city manager and shall be based exclusively on the net percentage increase during the preceding year, as published in the Caltrans Highway Construction cost index. The index used shall be a rolling three (3) year average, or prior twelve (12) quarters index average.
Similarly, if, on July first following the city council's adoption of a resolution establishing the amount of the transportation facility fees to be assessed and levied pursuant to the provisions of this chapter or on July first of any year thereafter, there has been an increase in the cost of acquiring street maintenance equipment, the city manager, without any further action by the city council, shall increase that portion of the transportation facility fees and, where appropriate, that portion of the transportation facility fee credits which is allocable to the acquisition of such street maintenance equipment in an amount proportional to the increase in such costs. However, the determination of whether there has been an increase in the cost of acquiring street maintenance equipment and the amount of the increase in the transportation facility fees or transportation facility fee credits which is proportional to the increase in such costs shall be made by the city manager and shall be based exclusively on the net percentage increase during the preceding year in the Consumer Price Index published by the Federal Bureau of Labor Statistics for all Urban Consumers - U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such Consumer Price Index that measures the cost of living in U.S. cities.
(Ord. 1956 §l (part), Ord. 2521 §9)
In determining the transportation facility fee to be assessed and levied upon the owner of residential or nonresidential property pursuant to the provisions of this chapter incident to the construction of a new building on such property, the reconstruction of a building on the property, the construction of alterations or additions to an existing building on the property or the change in use of an existing building on the property, the owner of the property shall be entitled to one or more of the following credits against such fee; provided, however, that no such credit or credits shall exceed the amount of the fee, nor shall any credit or credits be transferable from one property to another property. Note that credits shall only be given for the highest and most intense use dating back to November 4th, 1997, which is the date the city council adopted its first development impact fee program. In the downtown area (as delineated in the General Plan's Downtown Element), credits are allowed for past uses with no time limitation; however, proper documentation of the prior use must be furnished by the applicant if city records do not indicate such use.
A. Where the owner of residential property is changing the use of an existing building on such property from a residential use to a nonresidential use, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee which would have been assessed and levied pursuant to the provisions of this chapter for the previous residential use. Similarly, where the owner of nonresidential property is changing the use of an existing building or structure on the property from a nonresidential use to a residential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee which would have been assessed and levied pursuant to the provisions of this chapter for the previous residential or nonresidential use;
B. Where the owner reconstructs a building or structure or constructs a new building or structure on the property which contained a building or structure damaged or destroyed by fire or other casualty, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee that would have been assessed and levied pursuant to this chapter for the building or structure damaged or destroyed;
C. Where the owner reconstructs a building or structure or constructs a new building or structure on the property which contained a building or structure voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee that would have been assessed and levied pursuant to this chapter for the building or structure voluntarily demolished or ordered demolished; and
D. Where the owner constructs a new building or structure on the property which contained a building or structure that was removed by the owner to another property, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee that would have been assessed and levied pursuant to this chapter for the building or structure removed from the property.
(Ord. 1956 §1 (part), Ord. 2391, Ord. 2521 §10)
Notwithstanding any provisions of this chapter to the contrary, a transportation facility fee shall not be assessed and levied upon the owner of property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:
A. The reconstruction of a building or structure located on the property which was damaged or destroyed by fire or other casualty, provided that any reconstructed residential building does not contain any additional dwelling units and provided that any reconstructed nonresidential building or structure does not contain any additional area within the reconstructed building or structure; or
B. The reconstruction of a building or structure voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, and provided further that any reconstructed residential building does not contain any additional dwelling units and provided that any reconstructed nonresidential building or structure does not contain any additional area within the reconstructed building or structure; or
C. The construction of, expansion of or addition to a publicly owned building or structure, or the commencement of the use of a building or structure for public purposes; provided, however, that where the city constructs, expands or adds to a city- owned building or structure, the city council shall consider the need for any additional street facility improvements caused by such building or structure, and, where appropriate, shall construct and install or fund the construction and installation of such street facility improvements.
(Ord. 1956 §1 (part), Ord. 2000 §1, Ord. 2391)
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