Chapter 15.48 — TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE FOR TRAFFIC MITIGATION

A.

There exists in Alameda County a portion of the area within Alameda and Contra Costa Counties referred to as the Tri-Valley Area. The Tri-Valley Area is composed of the Cities of Dublin, Livermore, Pleasanton, and San Ramon, the Town of Danville, and portions of unincorporated Alameda and Contra Costa Counties. This area is forecasted to receive one hundred twenty-three thousand (123,000) new residents and fifty-six thousand (56,000) new jobs by the year 2040.

B.

The traffic impact from these new residential units, commercial uses and other uses, as well as additional development beyond the year 2040, will adversely affect the quality of life for the existing residents of the cities and counties within the Tri-Valley Area unless those regional traffic impacts are mitigated by off-site transportation improvements.

C.

To accomplish this goal, in 1991, the seven Tri-Valley jurisdictions listed above adopted the joint exercise of powers agreement pertaining to Tri-Valley transportation development fees for traffic mitigation providing for the collection of fees on certain development to be used to mitigate traffic congestion in the Tri-Valley

Area. The agreement created the Tri-Valley Transportation Council ("TVTC"). The agreement was revised in 1998, 2003 and 2009.

D.

Recognizing the need for operational flexibility, the signatories agreed to revise the joint exercise of powers agreement to create a separate public agency. A final version of the new joint exercise of powers agreement ("Tri-Valley JEPA") was unanimously approved by representatives from each member agency on July 31, 2013, and by the Board of Supervisors on October 15, 2013. A copy of the Tri-Valley JEPA is on file with the clerk of the Board of Supervisors and the director of public works.

E.

The TVTC commissioned a study entitled, Tri-Valley Transportation Council Nexus Study, adopted on February 26, 2008 ("study") to determine current projected traffic impacts from development in the TriValley Area, a new list of recommended projects to mitigate those projected impacts, and the fee rates necessary for each type of land use to generate sufficient revenue to fund the unfunded cost of the selected transportation mitigation projects.

F.

The Tri-Valley jurisdictions have identified, through the Tri-Valley Transportation Plan/Action Plan for routes of regional significance ("plan") and the strategic expenditure plan ("SEP") (both on file with the clerk of the Board of Supervisors and the director of public works), the traffic impact of the projected Tri-Valley Area new development and certain regional transportation improvement projects that will mitigate these traffic impacts. These projects are listed in the plan and SEP.

G.

The purpose of this chapter is to authorize collection of the Tri-Valley transportation development fee ("TVTD fee") within the unincorporated portion of Alameda County shown and described in Exhibit 1 to the ordinance codified in this chapter and on file with the clerk of the Board of Supervisors (the "Tri-Valley development area"), in order to mitigate the traffic impacts of new development in the Tri-Valley Area.

H.

The fees collected pursuant to this chapter shall be used to finance the transportation improvement projects listed in the SEP.

I.

The Board of Supervisors approves and adopts the plan, the study and the SEP and incorporates them herein, and further finds that future development in the Tri-Valley development area will generate the need for the transportation improvement projects and that the transportation improvement projects are consistent with the county's general plan.

J.

There is a reasonable relationship between the need for the transportation improvement projects and the impacts of the types of development for which the corresponding fee is charged in that new development in the Tri-Valley development area, both residential and nonresidential, will generate traffic which generates or contributes to the need for the transportation improvement projects.

K.

There is a reasonable relationship between the TVTD fee's use (to pay for the construction of the transportation improvement projects) and the type of development for which the TVTD fee is charged in that all development in the Tri-Valley development area, both residential and nonresidential, generates or contributes to the need for the transportation improvement projects.

L.

The cost estimates set forth in the plans and studies are reasonable cost estimates for constructing the transportation improvement projects and the TVTD fees expected to be generated by future development will not exceed the projected costs of constructing the transportation improvement projects.

M.

The method of allocation of the TVTD fee to a particular development bears a fair and reasonable relationship to each development's burden on, and benefit from, the transportation improvement projects to be funded by the TVTD fee, in that the TVTD fee is calculated based on the number of vehicle trips each particular development will generate.

N.

Because the plan identifies new impacts that existing programs are not mitigating, the fees provided for in this chapter are in addition to the cumulative traffic impact mitigation fees provided for in Chapter 15.44 of the Alameda County Ordinance Code. This TVTD fee shall be for traffic improvements over and above any improvements required to mitigate project-specific impacts.

(Ord. 98-90 § 1 (part))

(Ord. No. O-2015-34, § 1, 6-23-15)

As used in this chapter:

"Gross floor area" means the sum of the area of all floor levels of a structure, including, but not limited to, cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is to be considered as a part of the overall square footage of the building. All unroofed areas and unenclosed roofed-over spaces, except as defined above, are to be excluded from area calculations. The gross area of any parking garages within the building shall not be included within the gross area of the entire building.

"Industrial" means developments for the purpose of manufacture or fabrication of products, the processing of materials, the warehousing of merchandise for sale or distribution, research and development of industrial products and processes, and the wholesaling of merchandise.

"Land use entitlement" means a permit or approval granted for a development project as that term is defined in Government Code Section 66000.

"Multifamily residential" means buildings or parts thereof designed and used exclusively as a dwelling unit among other dwelling units, either on the same parcel (e.g., apartments and mobile home parks) or under separate ownership (e.g., condominiums, townhomes, duplexes, or duets).

"Office" means developments or parts thereof designed for the purpose of housing non-retail, nonmanufacturing businesses.

"Other uses" means land use categories not implicitly included within the land use categories of "singlefamily residential," "multifamily residential," "retail," "office," or "industrial," and for which alternative rates can be found in the Institute of Transportation Engineers Trip Generation Manual or in a rate schedule that the Tri-Valley transportation council has explicitly approved.

"Retail" means developments or parts thereof designed for the purpose of the retail sale of merchandise and services.

"Single-family residential" means buildings or parts thereof designed and used for occupation as the residence of one family.

"Strategic expenditure plan" or "SEP" means the TVTC's May 16, 2011 funding and project prioritization plan, adopted by the TVTC by execution of the Tri-Valley JEPA, and as may be amended from time to time.

"Subsidized housing development" means housing facilities developed by public agencies, limited dividend housing corporations, or nonprofit corporations, and maintained exclusively for persons or families of very low, low or moderate income, as defined in Section 50093 of the Health and Safety Code.

"Transportation improvement projects" or "projects" means those public improvements required to mitigate the regional traffic impacts of development within the Tri-Valley development area as specified in the SEP.

"Tri-Valley development area" means that portion of the area marked on Exhibit 1 of the ordinance codified in this chapter and on file with the clerk of the Board of Supervisors that is within Alameda County and is unincorporated. The legal description of the area boundary is on file with the Alameda County Surveyor. Generally, the Tri-Valley development area is bordered on the north, east, and south by the county lines and on the west by the western boundary of the Pleasanton Township and the City of Fremont boundary, plus the portion of the Dublin sphere of influence which crosses into the Eden Township.

"Tri-Valley transportation development fee" or "TVTD fee" means the fees to be imposed by the county on development within the Tri-Valley development area pursuant to this chapter.

"TVTC" means the Tri-Valley transportation council, an interagency council formed by a joint powers agreement by and among the County of Alameda, County of Contra Costa, Town of Danville and Cities of Dublin, Livermore, Pleasanton and San Ramon, dated October 17, 2013.

(Ord. 98-90 § 1 (part))

(Ord. No. O-2015-34, § 1, 6-23-15)

Except for the exempt categories of new development listed in Section 15.48.040, all development within the Tri-Valley development area that receives a land use entitlement from Alameda County shall be required to pay the TVTD fee.

(Ord. 98-90 § 1 (part))

The following categories of development are exempt from the fee:

A.

Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single-family residential unit or another unit is added to an existing multifamily residential unit;

B.

Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished; provided, that the building permit for reconstruction is obtained within one year after the building was destroyed or demolished unless the replacement or reconstruction increases the square footage of the structure fifty (50) percent or more;

C.

Any replacement or reconstruction of an existing nonresidential structure that has been destroyed or demolished; provided, that the building permit for new reconstruction is obtained within one year after the building was destroyed or demolished and the reconstructed building would not increase the destroyed or demolished building's average peak hour trips;

D.

Public schools;

E.

Subsidized housing developments;

F.

Governmental buildings owned by any public entity;

G.

Development projects which are subject to a development agreement, except that the fee shall be applicable to any "significant" changes to any development agreement adopted after January 1, 1998. As

used herein, "significant" means any of the following:

1.

Change in land use type (e.g., office to retail);

2.

Intensification of land use types (e.g., increases in square footage of approved office);

3.

Extension of term of development agreements; and

4.

Reduction or removal of project mitigation requirements or conditions of approval.

(Ord. 98-90 § 1 (part))

(Ord. No. O-2015-34, § 1, 6-23-15)

A.

Fees required pursuant to this chapter shall be paid to the county prior to the issuance of building permits for the project to the extent permitted by law.

B.

No county official or agency shall authorize issuance of a building permit for any development that is subject to the fee under Section 15.48.030 until notification is received from the director of public works that all TVTD fee monies required by this chapter have been paid or no fees are required of the project due to fee credits or reductions received.

(Ord. 98-90 § 1 (part))

A.

Each applicant for a land use entitlement shall submit the following information to the director of public works or other appropriate county officials:

1.

The proposed number and type of residential units and/or gross square footage of building area for each use category listed in Section 15.48.070 of this chapter;

The proposed and existing uses in the development shall be assigned to use categories according to the list in Section 15.48.070.

B.

The director of public works shall notify the applicant in writing of the amount of the required TVTD fee.

(Ord. 98-90 § 1 (part))

A.

The TVTD fees shall be set by the Board of Supervisors by resolution.

B.

An applicant for a land use entitlement who is dissatisfied with the number of peak-hour trips or fee determination under the "other uses" land-use type, as calculated by county, may appeal the determination to the Alameda County Director of Public Works. The director of public works' determination can be appealed to the Board of Supervisors.

C.

On March 1st of each year, the TVTD fee shall be automatically adjusted. This adjustment shall be based on the increase or decrease in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31st of the preceding calendar year.

D.

In addition to the automatic adjustment provided in the TVTD fee, the county may by resolution adjust the TVTD fee to reflect revisions in the project list in the plan, increased costs or other factors.

E.

The effective date of this Tri-Valley transportation development fee shall be September 1, 1998.

(Ord. 2004-9 § 1 (part); Ord. 2000-38; Ord. 98-90 § 1 (part))

(Ord. No. O-2015-34, § 1, 6-23-15)

A developer may be entitled to credit against the TVTD fee or to reimbursement from TVTD fees if the developer constructs all or a portion of one of the transportation improvement projects. Credit or reimbursement shall be provided in the manner set forth in the joint exercise of powers agreement; provided, that the Board of Supervisors has approved the construction by the developer of all or a portion of the transportation improvement project.

(Ord. 98-90 § 1 (part))

(Ord. No. O-2015-34, § 1, 6-23-15)

A.

Revenue collected from fees imposed under this chapter shall be deposited by the treasurer into a separate interest-bearing account.

B.

Within thirty (30) days of the end of each quarter, the treasurer shall remit to the TVTC eighty (80) percent of all TVTD fee revenue collected during that quarter, and any interest or income generated on such eighty (80) percent amount. Included along with this remittance the treasurer shall include the most recently approved list of projects described in subpart C.

C.

At least as frequently as the time at which the director of public works submits the report described in subpart E to the Board of Supervisors, the director of public works shall also submit a recommendation for the projects to which the remaining twenty (20) percent of TVTD fee revenue should be directed. Upon approval with or without amendment of the director of public works' recommendation for expenditure by the Board of Supervisors, the clerk of the board shall transmit the approved list of projects to the treasurer for inclusion as part of the remittance described in subpart B.

D.

The treasurer shall maintain a current record of all TVTD fee revenue collected and retained, including interest or income on such funds, and shall make said record available to the TVTC for auditing purposes.

E.

The director of public works shall prepare and submit to the Board of Supervisors the report called for in Government Code Section 66006 not later than one hundred eighty (180) days following the last day of the fiscal year, except that the director of public works shall be relieved of this obligation when the TVTC timely creates a similar report that complies with Government Code Section 66006. Upon the Board of Supervisors' receipt of the report, the clerk of the board shall place the report on the next regular agenda of the Board of Supervisors occurring no sooner than fifteen (15) days from the date of submission of the report.

F.

Every fifth fiscal year following the first deposit into the account, the director of public works shall prepare a report regarding that portion of the account remaining unexpended, whether committed or uncommitted, identifying the purpose to which the unexpended fee revenue is to be put and the continuing reasonable relationship between the fee and the purpose for which it is charged. The director of public works shall be relieved of the obligation to prepare such a report where the TVTC has prepared a substantially similar report.

(Ord. 98-90 § 1 (part))

(Ord. No. O-2015-34, § 1, 6-23-15)

A.

In case of noncompliance with this chapter, the TVTD fees and interest that would have accumulated shall be calculated from the date that a building permit was issued and not from the date of discovery, complaint, or enforcement.

B.

Payment of fees shall be enforced as a lien on the property.

(Ord. 98-90 § 1 (part))

Failure of any county official or agency to fulfill the requirements of this chapter shall not excuse any applicant for a land use entitlement from payment of the TVTD fee required by this chapter.

(Ord. 98-90 § 1 (part))