Chapter 3.20 — TRANSPORTATION IMPROVEMENT PROGRAM FEE

The City Council of the city of Orinda declares that: A. Improvements to the circulation systems are needed to promote the health, safety and general welfare of the citizens of Orinda; B. New development within the city will create an additional burden on the existing circulation systems; C. The Orinda general plan circulation element (§ 2.3) includes policies relating to providing adequate transportation systems. Two of the policies direct the city to: 1. Permit new development only when adequate transportation systems and parking are provided (§ 2.3.1A); and 2. Establish a transportation system improvement fee to be paid as a condition of approval of all development projects based on travel and parking demand generated by the project and its location (§ 2.3.2B); D. Modifications in the existing circulation systems are needed to mitigate existing and potential future circulation impacts; E. All new development within the city of Orinda is required by law to be consistent with the general plan. The approval of such development must assure that the general plan and implementation of the policies relating to circulation and parking are, or will be, implemented; F. In order to implement the general plan, and promote the health, safety and general welfare of the community it is necessary that new development pay a fee in lieu of the installation of the improvements necessary for implementation of the circulation element of the general plan, including new streets, street repair, street widening, and other improvements to existing streets, traffic signals, traffic signal interconnects, parking facilities, and other transportation facilities;

G. 1. The fee is based upon the premise that new commercial and residential development generates additional vehicle trips which in turn place an additional burden upon the local circulation system and should be expected to pay a share of new infrastructure. New development will lead directly to the need for improvements to streets, intersections and parking facilities in Orinda. 2. A rational method of calculating and distributing fees to pay for these circulation improvements includes applying assumptions regarding the amount of new development expected (number of units in the case of residential development square footage in the case of nonresidential development) to a peak trip traffic generation factor. This yields an estimate of peak trip traffic that can be used to allocate identified circulation and parking improvement costs to different types of development and subsequently to each residential unit or commercial square foot; H. The ordinance codified in this chapter 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 section 65000 et seq.; and I. It is beneficial to coordinate with the cities of Lafayette and Moraga in a joint traffic mitigation program to address the regional traffic impacts of certain types of development in three cities. (Ord. 98-5 § 2: prior code § 7-4601)

In this chapter, unless the context otherwise requires, the following terms are defined in this section: "Affordable housing" means the development of housing for individuals or families of very low, low and moderate income as those terms are defined in California Health and Safety Code Section 50093 (or as it may be amended). "Downtown" means the areas zoned for office and commercial uses (O-1, A-O, C-B, R-B, N-B, office or commercial PUD) on the city's zoning map. "Nonresidential use" includes all land uses except residential dwellings, residential accessory uses and agricultural uses. "Off-site street improvements" mean land dedication and public improvements to the public street right-of- way other than within: (a) the adjacent half-width of the right(s)-of-way fronting the site; and (b) street intersections within fifty (50) feet of the site as measured from the property line closest to the intersection right-of-way.

"Residential use" means single-family and multi-family dwellings and accessory uses, and agricultural uses. (Ord. 99-5 § 6 (part): prior code § 7-4602)

A. A person who applies for a permit to construct or add to a residential or nonresidential building shall pay to the city a transportation improvement program fee for circulation, transportation and parking improvements in an amount to be determined by resolution of the City Council. The fee for new floor area which replaces existing floor area is charged only the increase except for residential conversions to habitable floor area as described in this section. B. The fee for residential construction shall be charged for each new dwelling unit and an addition to a residential structure (including the conversion of a garage or other structures to habitable living area) if the new construction, remodeling or alteration adds one hundred (100) square feet or more of habitable floor area. C. The fee for nonresidential construction shall be charged on a per square foot basis for all new gross floor area, including an addition where floor area is increased. No fee is charged for remodeling or restoration only, where the floor area is improved or replaced but not increased. Gross floor area is determined by calculating the combined area of all floors contained within the building's exterior walls. The enclosed and unenclosed parking area is not included in the calculation. D. A proposed land use other than those mentioned above will pay a fee charged on a cost per peak hour trip end, which is one trip from origin to destination. This fee will be determined on the basis of a traffic study performed by the project proponent and reviewed and approved by the Community Development Director. (Ord. 99-5 § 6 (part): Ord. 98-5 § 3: prior code § 7-4603)

The fee imposed by this chapter does not apply to a permit for the erection, construction or alteration of a building for the following uses: A. Day care center; B. Hospital, charitable or philanthropic institution or convalescent home;

C. Church, religious institution, and parochial or private school including a nursery school; D. Publicly owned buildings and structures; E. Affordable housing in a single-family or multifamily development, on an individual lot or as a secondary living unit (permitted by Section 17.3.4 of this code); provided, a written contract restricting the use as affordable housing for a period of thirty (30) years is entered into with the city. If during the term of the contract any unit subject to the contract does not qualify as affordable housing, then the contractor or successor shall pay the then current fee attributable to all of the units covered by the contract. (Ord. 99-5 § 6 (part): prior code § 7-4604)

The City Council shall approve credit against the transportation improvement program fee commensurate with the cost of dedication or improvements for a person who dedicates off-site land or makes substantial off-site circulation, transportation or parking-related improvements in the city in connection with a development project. To qualify for credit under this subsection, the dedication or improvement must be an off-site street improvement as defined in Section 3.20.020 of this chapter. (Ord. 99-5 § 6 (part): prior code § 7-4605)

The transportation improvement program fee shall be paid to the city before recordation of a final subdivision map or issuance of a building permit, whichever occurs first. (Ord. 99-5 § 6 (part): prior code § 7-4606)

The City Engineer is responsible for administering and collecting the transportation improvement program fee. A decision by the City Engineer regarding a fee imposed under this chapter may be appealed in accordance with the appeal provisions of Municipal Code Section 1.16.050. (Ord. 99-5 § 6 (part): prior code § 7-4607)

A. The city shall deposit the fees collected under this chapter in a special fund designated for improvements to the transportation system. B.

Except as provided by the joint exercise of powers agreement implementing the Lamorinda fee and financing authority, the fees and interest earned shall be used only to complete circulation, transportation and parking improvement projects specified in the Orinda general plan or the Orinda capital improvements program or the budget of the city of Orinda. (Ord. 99-5 § 6 (part): Ord. 98-5 § 4; prior code § 7-4608)

A. If the land in a final subdivision map or parcel map is reverted to acreage and the fees paid have not been committed, the city council may, upon written request of the applicant, order return of the fee and interest earned less administration costs. B. If a building permit is canceled or voided and the fees have not been committed, the city council may, upon written request of the applicant, order return of the fee and interest earned on it less administration costs. C. If a fee is not spent or committed five years or more after it was paid, the city council may authorize a refund to the then owner of the property for which the fee was paid under Government Code Section 66001. (Ord. 99-5 § 6 (part): prior code § 7-4609)