32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968," the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.)

b. New residential development within the entire Town will create an additional burden on the existing circulation systems.

c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications are needed to mitigate existing and potential future circulation impacts.

d. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee to compensate for the additional burden it places on existing circulation systems.

e. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council.

f. This section is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Sections 65000 et seq.

Ord. #95, §8-4301; Ord. #94-03, §1)

A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, subsection 32-12c. of the Danville Municipal Code. (Ord. #95, §8-4302; Ord. #94-03, §1)

The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #95, §8-4303; Ord. #94-03, §1)

The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)