For the purposes of this chapter, the following definitions shall apply:
(a) “Affordable unit” shall have the meaning provided in Section 16.65.020 of this title.
(b) “Citywide transportation enhancements” shall mean public facilities that relieve citywide traffic congestion caused by new development projects. Citywide transportation enhancements include, but are not limited to, bicycle and pedestrian improvements, and roadway and intersection improvements. Citywide transportation enhancements do not include (i) intersection improvements designed primarily to accommodate increased traffic generated by a specific development or (ii) the addition of through-traffic lanes designed for primary use by private motorized vehicles.
(c) “Construction cost index” shall mean the construction cost index for the San Francisco Bay Area set forth in the Engineering News Record published by McGraw Hill and Associates. In the event the Engineering News Record ceases to calculate and publish this index, then the city manager may designate a comparable, alternative index to serve as the construction cost index.
(d) “Eligible citywide transportation enhancements” shall mean (i) the citywide transportation enhancements identified in the most recent citywide transportation impact fee nexus study approved by the city council, and (ii) other citywide transportation enhancements that are approved by the city council that may be substituted for an identified improvement or service because they will mitigate similar congestion.
(e) “Existing development” shall mean structures present (at the time the amount of the fee is calculated) and in use (within the two years prior to the time the amount of the fee is calculated) on parcels upon which new development is planned to occur. Where it is necessary to project PM peak hour vehicle trips generated by existing development, such projection shall be made based on either (i) the trip generation estimates used to determine the fee owed with respect to such existing development when the fee was last paid with respect to such existing development or (ii) if the fee has not been paid with respect to such existing development (or any portion thereof), the most recent use of the existing development.
(f) “Fee” shall mean the citywide transportation impact fee imposed pursuant to this chapter.
(g) Any reference in this chapter to the “Government Code” or to a section of the “Government Code” shall refer to the California Government Code as it exists at the time this chapter is applied and shall include amendments to the Government Code made subsequently to the adoption of this chapter, it being the intent of the city to maintain the fee in compliance with applicable law.
(h) “New development” shall mean the construction of new structures or additions to existing structures in the city and, with respect to residential development, any development project that creates additional residential units. “New development” shall not mean replacement or expansion of an existing residential unit. With respect to nonresidential development, “new development” shall also mean any development project that creates additional gross floor area, or involves a change in use that requires a use and occupancy permit.
(i) “Transportation Impact Analysis Guidelines” shall mean the most recent edition of the “Transportation Impact Analysis Guidelines” promulgated by the Valley Transportation Authority or such other trip projection methodology adopted by the city for the purpose of traffic impact analysis reports.
(Ord. 5463 § 2 (part), 2019: Ord. 4958 § 2 (part), 2007)