Chapter 16.60 — CHARLESTON ARASTRADERO CORRIDOR PEDESTRIAN

AND BICYCLIST SAFETY IMPACT FEE

Sections:

This chapter may be referred to as the "Charleston Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee Ordinance."

(Ord. 4880 § 2 (part), 2005)

For the purposes of this chapter, the following definitions shall apply:

(a) "Affordable housing" shall mean housing with a purchase price or rent that is affordable to a "moderate," "low" or "very low" income household, as those terms are defined by the California Department of Housing and Community Development, as applicable to Santa Clara County.

(b) "Construction cost index" shall mean the construction cost index for the San Francisco Bay Area set forth in theEngineering News Record published by McGraw Hill and Associates. In the event the Engineering News Record ceases to calculate and publish this index, then the city manager may designate a comparable, alternative index to serve as the construction cost index.

(c) "Dwelling unit" shall have the meaning set forth in Section18.04.030 of this code

(d) "Eligible safety enhancements" shall mean (i) the improvements identified in the Charleston Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee Nexus Study approved by the city council, and (ii) other improvements to streets, sidewalks, and related facilities that are approved by the city council that may be substituted for an identified improvement because they will mitigate similar pedestrian or bicyclist safety impacts.

(e) "Existing development" shall mean structures present (at the time the amount of the fee is calculated) on parcels upon which new development is planned to occur.

(f) "Fee" shall mean the Charleston Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee imposed pursuant to this chapter.

(g) Any reference in this chapter to the "Government Code" or to a section of the "Government Code" shall refer to the California Government Code as it exists at the time this ordinance is applied and shall include amendments to that code made subsequently to the adoption of this chapter, it being the intent of the city to maintain the fee in compliance with applicable law.

(h) "New development" shall mean the construction of new structures or additions to existing structures in the city and, with respect to residential development, any development project that creates additional dwelling units. "New development" shall not mean replacement or expansion of an existing dwelling unit. With respect to nonresidential development, "new development" shall also mean any development project that creates additional square footage of useful area or changes the use of an existing structure.

(Ord. 4880 § 2 (part), 2005)

The fee is hereby imposed as a condition of the issuance of any permit for any new development, unless expressly exempted by this chapter.

(Ord. 4880 § 2 (part), 2005)

The provisions of this chapter shall not apply to:

(a) City buildings or structures.

(b) Public school buildings or structures.

(c) Affordable Housing, either for sale or rental, which, by recordable means, is permanently obligated to be 100% affordable.

(d) Retail service, eating and drinking service, personal service, or automotive service when the total square footage (including new development) is 1,500 square feet or less.

(e) Day care centers used for childcare, nursery school or preschool education.

(f) Below market rate housing units above and beyond the minimum number required for projects subject to the city's Below Market Rate (BMR) Housing Program. The additional units must be offered and constructed consistently with the requirements of the BMR program.

(g) Accessory dwelling units (ADU) established by the conversion of an existing garage or carport, provided that the existing garage or carport was legally constructed, or received building permits, as of January 1, 2017, and is converted to an ADU with no expansion of the existing building envelope.

(h) Junior accessory dwelling units (JADU).

(i) New development which is exempt from the fee by virtue of the Constitutions of the United States and California or by virtue of other applicable state or federal law.

(Ord. 5456 § 4, 2018: Ord. 4880 § 2 (part), 2005)

(a) The fee shall be paid as set forth in Chapter 16.64 of this code.

(b) A credit against the fee may be given for dedications of eligible safety enhancements constructed or provided at private expense and for the value of land dedicated to the city that is necessary or useful to an eligible safety enhancements. Such credit will be granted only if the city council determines that: (i) the city will experience a substantial cost savings or service quality improvement as a result of private construction or provision of the eligible safety enhancements or the dedication of land, (ii) the eligible safety enhancements can be expected to immediately and significantly improve bicyclist or pedestrian safety, and (iii) the grant of the credit, in lieu of the fee, will not cause the city to delay the implementation of elements of the Program that are of higher priority, in the judgment of the city council, than the land or eligible safety enhancement that will be dedicated. The credit shall be applied at the time the city accepts the land or eligible safety enhancement. Where the city council has made the determinations required by this subdivision, payment of a portion of the fee equal to the amount of an expected credit against the fee may be deferred to the date of final building inspection approval of the development, provided the owner of the real property for which the fees are required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which from the date of recordation, shall constitute a lien on the property and shall be enforceable against successors in interest to the property owner. The agreement shall provide that final occupancy approval shall not be given until the fees are paid or the credit issued. The agreement shall also provide that, in any action to collect the fees or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorney’s fees. The director of planning and development services may execute the agreement on behalf of the city in a form acceptable to the city attorney. Any deferral granted pursuant to this paragraph (b) shall be consistent with the requirements of Government Code Section 66007. Where a credit is given for the provision of a service that is an eligible safety enhancement, the deferral of the fee, and the application of the credit, may be according to a schedule set forth in the recorded agreement, which schedule shall be designed to ensure that no credit is applied in advance of the provision of services for which the credit is made.

(Ord. 5494 § 3, 2020: Ord. 5400 § 13, 2016: Ord. 4880 § 2 (part), 2005)

(a) The fee imposed upon a new development shall be calculated with respect to any residential use by multiplying the number of dwelling units (after the completion of the new development) on the parcels comprising the new development by the then applicable residential rate. With respect to any non-residential use the fee shall be calculated by multiplying the number of square feet of such use (after the completion of the new development) on the parcels comprising the new development by the then applicable non-residential rate.

(b) The fee imposed upon a new development shall be reduced by the amount of the fee which would be imposed on the existing development on the parcels comprising the new development if such existing development were to be constructed at the time the fee was calculated. However, such adjustment shall not cause the amount of the fee to be below $0.

(c) To the extent existing development on a parcel qualified as new development after the effective date of this section, but was exempt from the fee by virtue of Section 16.60.040 of this code, that existing development shall not be considered for purposes of subdivision (b) of this section.

(d) The rate of the fee shall be established from time to time by resolution or ordinance of the city council in the manner required by Government Code Sections 66004 and 66018.

(e) The rate of the fee shall be subject to annual adjustment for inflation pursuant to Section16.64.110.

(f) The department of planning and development services shall be responsible for the calculation of the fee at the time of plan review or when the fee is due, whichever is earlier.

(Ord. 5494 § 3, 2020: Ord. 5400 § 14, 2016: Ord. 4880 § 2 (part), 2005)

(a) There is hereby established a special fund, entitled the "Charleston Arastradero Corridor Pedestrian and Bicyclist Safety Mitigation Fund," into which all fee proceeds and any interest thereon shall be deposited. The fund shall be maintained as required by Government Code Section 66006.

(b) Moneys in the fund shall be expended only on the installation, acquisition, construction, maintenance and operation of eligible safety enhancement.

(Ord. 4880 § 2 (part), 2005)

(a) At least annually and as required by Government Code Section 66006, the city manager, or his or her designee, shall review the estimated cost of the public improvements to be funded by the fee, the continued need for those improvements and the reasonable relationship between such need and the impacts of pending or anticipated new developments. The city manager, or his or her designee shall report his or her findings to the city council at a noticed public hearing and recommend any adjustment to the fee or other action as may be needed.

(b) The city council shall review such report in the manner required by Government Code Section 66006(b)(2).

(c) To the extent required by Government Code Section 66001(d), the city council shall make the findings required by that section.

(Ord. 4880 § 2 (part), 2005)

(a) All remedies provided for in this chapter shall be cumulative and not exclusive.

(b) Violation of any provision of this chapter, including, but not limited to, converting an exempt use to a use to which this chapter applies without paying the fee, is a misdemeanor punishable as provided in this code.

(c) Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person.

(d) Any person violating any provision of this chapter, including, but not limited to, converting an exempt use to a use to which this chapter applies, without paying the fee, shall be liable civilly to the city in a sum not to exceed five hundred dollars for each day in which such violation

occurs.

(e) Persons employed in the following designated employee positions are authorized to exercise the authority provided in the California Penal Code Section 836.5 and are authorized to issue citation for violations of this chapter: development services director, planning and community environment director and their designee.

(Ord. 5400 § 15, 2016: Ord. 4880 § 2 (part), 2005)