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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)
The transportation facility fees assessed and levied pursuant to the provisions of this chapter shall be due and payable as follows:
A. Where a transportation facility fee is assessed and levied upon the owner of property located within the city at the time of the construction of a new building or structure on such property or at the time an alteration or addition is made to an existing building or structure on such property, such fee will be due and payable prior to the issuance of a building permit for such new building or structure, or alteration or addition to such existing building or structure. For purposes of updates and new fees going into effect, the fees due are those that are in effect at the time in which building plans are submitted. For projects that require a planning entitlement, building plans are able to be submitted after a project approval that has successfully cleared any appeal processes;
B. Where a transportation facility fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon which does not require a building permit, such fee will be due and payable prior to the issuance of a certificate of occupancy for such changed or expanded use;
C. Where a transportation facility fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon which requires neither a building permit nor a certificate of occupancy, then such fee will be due and payable prior to the commencement of the changed or expanded use.
(Ord. 1956 §1 (part), Ord. 2521 §11)
The transportation facility fee assessed and levied pursuant to the provisions of this chapter upon the owner of property located within the city incident to the construction of a new building or structure on such property, or incident to the construction of alterations or additions to an existing building or structure on the property, may be deferred by the owner of the property under the following circumstances:
A. Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used solely for single-family residential purposes, payment of such transportation facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date 1 year from the issuance of such building permit, or the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:
1. Entered into an agreement with the city undertaking to pay such deferred transportation facility fee at the time and in the manner provided for by this subsection, which agreement shall be in a form approved by the city attorney and recorded against the property, or provided a letter of credit from a lending institution, in a form approved by the city attorney, which guarantees payment of such deferred fees at the time and in the manner provided for by this subsection; and
2. Paid to the city an additional fee in the amount equal to 2% of the deferred transportation facility fee as and for the administrative costs to be incurred by the city by reason of such fee deferral;
B. Where the owner of the property is constructing a new building or structure on the property, or constructing alterations or additions to an existing building or structure on the property which is or will be used for multifamily residential purposes or for a nonresidential purpose, payment of such transportation facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date 1 year from the issuance of such building permit, or the date of the issuance of a certificate of occupancy for the building or structure on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:
1. Entered into an agreement with the city undertaking to pay such deferred transportation facility fee at the time and in the manner provided by this subsection, which agreement shall be in a form approved by the city attorney, and
2. Executed a deed of trust securing performance of the property owner's duties and obligations under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust, and
3. Paid to the city an additional fee in an amount equal to 2% of the deferred transportation facility fee as and for the administrative costs to be incurred by the city by reason of such fee deferral;
C. Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used for single- or multiple-family residences occupied by "persons and families of low or moderate income" as defined by Section 50093 of the Health and Safety Code, and the entire amount of such transportation facility fee will be financed by a loan made to the owner or developer of the property by the city, payment of the transportation facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed.
(Ord. 1956 §1 (part), Ord. 2112 §1, Ord. 2521 §12)
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