Article 3 — Transportation Development Fees

The purpose of this article is to adopt the Lamorinda development mitigation fee program, identifying fees to be charged for highway or arterial improvements, transit projects, and pedestrian or bicycle improvements of sub-regional or regional significance. This article is enacted as part of the Subregional Transportation Mitigation Program (STMP) approved by the Southwest Area Transportation Committee (SWAT) and its member agencies (the cities of Lafayette, Orinda, Moraga, Danville, San Ramon and the county of Contra Costa) under the authority of Measure C, the Contra Costa County half-cent sales tax measure adopted in 1988. It implements the fee program, which is established by the Lamorinda Fee and Financing Authority (LFFA), a joint exercise of powers authority organized by the Cities of Lafayette and Orinda and the town of Moraga, dated April 22, 1998, a copy of which is on file with the Lafayette city clerk.

(Ord. 488 § 1 (part), 1998)

(Ord. No. 647, § 1, 4-11-2016)

The fees imposed by Section 1-624 are to fund the highway or arterial improvements, transit projects, and pedestrian or bicycle improvements as referenced in the joint exercise of powers agreement entered into by the Cities of Lafayette, Orinda and the Town of Moraga.

(Ord. 488 § 1 (part), 1998)

(Ord. No. 647, § 2, 4-11-2016)

The city council finds that:

(a)

There is a reasonable relationship between proposed uses for the fees imposed by this Article 3 and the types of development upon which the fees are imposed in that the developments will generate additional traffic on thoroughfares in the Lamorinda area, thus creating a need to expand, extend or improve existing thoroughfares and other transportation facilities or construct new ones to mitigate adverse traffic and infrastructure impacts otherwise resulting from those developments.

(b)

The fees will be used to pay for the administration, planning, environmental documentation, design, right- of-way acquisition and construction of transportation-related projects referred to in section 1-622. The fees will be used solely for eligible improvements approved by the parties to the joint exercise of power agreement.

(c)

The nexus findings, in conformity with Government Code section 66000, et seq. contained in the 2015 Lamorinda Fee Nexus Study (2015 Nexus Study) prepared for LFFA by DKS Associates, which is on file with the city clerk, are incorporated in this Article 3 by reference.

(Ord. 488 § 1 (part), 1998)

(Ord. No. 647, § 3, 4-11-2016)

(a)

A fee is imposed on each land use type as set forth in the 2015 Nexus Study unless updated by resolution at such time as agreed upon by the LFFA.

(b)

The fee is imposed as a condition to and shall be collected before the issuance of a building permit.

(Ord. 488 § 1 (part), 1998)

(Ord. No. 647, § 4, 4-11-2016)

(a)

Exemptions. The following exemptions apply to the fees noted in Section 1-624:

(1)

A project that replaces an existing structure or development to the extent that it does not generate more daily vehicle miles traveled (VMTs) than the existing structure or development;

(2)

A development agreement that is approved by an ordinance that is adopted before July 1, 2016; and

(3)

A subdivision map for which the final map was approved on or before June 30, 2016, if the fee for the applicable land use category set forth in Section 1-624 was paid, the city shall provide a credit as follows:

If at the time the subdivision map was approved a fee was imposed in an amount less than that provided in Section 1-624, the city shall provide a credit for the amount paid, and the balance measured by the difference between the amount set forth in Section 1-624 and the amount paid shall be imposed;

If at the time the subdivision was approved, the city required the developer to install improvements that were intended to improve or increase vehicular traffic capacity outside the boundaries of the subdivision, the city shall provide a credit against the amount of the fee imposed under Section 1-624 for each lot, based on the actual cost of such construction, divided by the number of lots in the subdivision.

(b)

Reductions. In addition to the exemptions in subsection (a) above, the city may grant an exemption in the form of a full or partial reduction of fees as provided by rule or regulation adopted by the LFFA. The basis for a reduction must be based upon: (1) a finding that a development will generate lower daily VMTs than data that was used as the basis for the 2015 Nexus Study and (2) a traffic study that determines that the traffic impacts of the proposed development would generate fees that are less than those set forth in Section 1-624. The traffic study shall utilize trip calculation methodology within the 2015 Nexus Study and shall be reviewed by the technical advisory committee for the LFFA. City shall determine the appropriate fee reduction based upon the proportionate reduction in trips demonstrated by the traffic study.

(c)

Credits.

(1)

The city may grant a credit against fees for the dedication of land for right-of-way or construction of improvements or traffic mitigation programs for specific major transportation-related improvements referred to in Section 1-622; if the dedication of right-of-way or construction or traffic mitigation programs exceeds that which would otherwise be required for approval of the proposed development.

(2)

The city may grant a credit only upon its determination that the credit is exclusive of the dedication, setback, improvement or traffic mitigation measures, which is otherwise required by a provision of this municipal code or any ordinance, standard or other city requirement.

(3)

The city shall calculate the credit upon the actual cost of construction or, in the case of dedication of land, an approved independent appraisal.

(Ord. 517 § 2, 2000; Ord. 497 § 1, 1999; Ord. 488 § 1 (part), 1998)

(Ord. No. 647, § 5, 4-11-2016)

The city shall collect each fee imposed and remit the non-setaside portion of the fees to the designated treasurer in accordance with the Joint exercise of powers agreement and the bylaws adopted by the LFFA. The set-aside portion of the fee proceeds shall be retained by the city in a separate account to be used for the purpose described in Sections 1-622 and 1-623. Interest accumulated on the fees collected may be used only for the same purposes.

(Ord. 488 § 1 (part), 1998)

(Ord. No. 647, § 6, 4-11-2016)

Effective January 1, 1999 and January 1st of each subsequent year, the amount of the fees set forth in Section 1-624 shall be adjusted by the amount of increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the preceding period ending September 30th. The adjustment shall be automatic and does not require further notice or public hearing.

(Ord. 488 § 1 (part), 1998)