16.44.070   Fee schedule.
   A.   The council shall establish by resolution, a schedule of transportation impact fees calculated to provide the sum of money necessary to fund the portion of the total cost of the planned transportation facilities allocated to new development, as set forth in the nexus study. The resolution adopting such schedule shall be approved following at least one public hearing in conformity with the provisions of state law and this chapter, shall be based on the nexus study, and shall include the following findings by the council:
   1.   That the planned transportation facilities are in conformity with the circulation element of the general plan of the city;
   2.   That the development of property will require construction or acquisition of planned transportation facilities and that the fees are fairly apportioned on the basis of benefits conferred on property developed or to be developed or on the need for planned transportation facilities created by proposed or existing development of property;
   3.   That transportation facilities are in addition to any existing transportation facilities serving the city at the time of adoption of the circulation element of the general plan are necessary to complete the planned transportation facilities.
   B.   The schedule of fees adopted pursuant to subsection A above shall remain in effect until revised pursuant to the following process and criteria:
   1.   On April 1st of each year the city engineer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, CA. When the average of such indices differs from the average of the indices for the preceding April 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the average ENRCCl for the current April 1st by that pertaining to the previous April 1st. The individual transportation impact fee rates may be multiplied by the factor to determine the adjusted schedule of fees. The city engineer shall present the new fee schedule for adoption by resolution of council after at least one public hearing. The city engineer shall also apply such factor to the schedule of reimbursement unit rates as established pursuant to Section 16.44.150. Modifications of the fee rates and reimbursement unit rates as called for by this division shall be considered programmed adjustments, provided that such adjustments are addressed by the nexus study then in effect or the resolution approving such nexus study, and therefore shall not require a new, amended or revised nexus study.
   2.   In the event of a future amendment of the circulation element that has the effect of adding or removing new planned transportation facilities, the city engineer shall review the nexus study and if such review concludes that the costs of the planned transportation facilities attributable to new development is changed as a result of the addition or removal, the city engineer shall modify, amend or revise the nexus study, as may be appropriate. The city engineer shall present such modification, amendment or revision to the council together with a revised schedule of transportation impact fees, for approval by resolution in a manner that is consistent with this chapter.
   3.   If in the determination of the city engineer the adjustment of the schedule of fees produced by the procedure in subdivision (1) of this subsection is not representative of the actual change in costs of the planned transportation facilities, the city engineer may, in lieu of the procedures set forth in said paragraph, compute a new schedule of fees by initiating a modification, amendment or revision of the nexus study, as may be appropriate, and presenting such new schedule of fees together with such modified, amended or revised nexus study for adoption by resolution of the council after at least one public hearing.
   4.   In the event of the adoption of a new schedule of fees by resolution of the council, such new schedule shall become effective sixty (60) days after the adoption thereof by the council. The adjustment of such schedule provided in subdivision 1. of this division shall begin the April 1st next occurring after adoption of the new schedule. (Ord. 2017-01 (part), 2017: Ord. 2008-14, 2008: Ord. 9719 § 2, 1997)