Chapter 14.34

INTERSTATE 280/WINCHESTER BOULEVARD TRAFFIC IMPACT FEE REQUIREMENTS

Sections:

• 14.34.020 Definitions.

• 14.34.030 Application of chapter.

• 14.34.040 Traffic impact fee requirement.

• 14.34.050 Accounting of Interstate 280/Winchester Boulevard traffic impact fees.

• 14.34.060 Expiration of Interstate 280/Winchester Boulevard traffic impact fees.

On September 20, 2016, the city council adopted the September 2016 Interstate 280/Winchester Boulevard Transportation Development Policy in order to accommodate new development and address the traffic impacts from new development in the area of the Interstate 280/Winchester Boulevard interchange. The intensification of development in the proximity of the existing Interstate 280/Winchester Boulevard interchange creates a need for new vehicle capacity upon segments of the in-

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§ 14.34.010

terchange and to alleviate traffic on impacted intersections in the vicinity of the interchange. The Interstate 280/Winchester Boulevard Transportation Development Policy specifies an improvement to the interchange by the addition of an Interstate 280 northbound off-ramp to Winchester Boulevard. The improvement would improve access from Interstate 280 to Santana Row, Winchester Boulevard and the surrounding areas - providing a more direct way to travel from Interstate 280 northbound to the West San José Urban Village areas and surrounding areas. It is the intent and purpose of the city council in adopting this chapter to provide in part for the traffic improvements through the adoption of an Interstate 280/Winchester Boulevard Traffic Impact Fee to be charged to all new development subject to the Interstate 280/Winchester Boulevard Transportation Development Policy in the manner specified herein. (Ord. 29789.)

The definitions set forth in this section shall govern the application and interpretation of this chapter:

• A. "Interstate 280/Winchester Boulevard Traffic Impact Fee" means the fee adopted by the city council pursuant to this chapter.

• B. "Interstate 280/Winchester Boulevard Traffic Impact Fee Plan" is the fee study entitled, Interstate 280/Winchester Boulevard Transportation Development Policy Nexus Study, dated September 2016, and accepted by the city council on September 20, 2016. The Interstate 280/ Winchester Boulevard Transportation Development Policy Nexus Study is maintained for public review in the transportation, planning, and project delivery division of the department of transportation.

• C. "Interstate 280/Winchester Boulevard Transportation Development Policy Area" or "plan area" means that project

  • area within the corporate limits of the City of San José generally bounded by Stevens Creek Boulevard/Forest Avenue to the north, I-880 to the east, the city limit line to the south, north of Hamilton Avenue, and San Tomas Expressway/ Saratoga Avenue to the west as specified and depicted in the Interstate 280/Winchester Boulevard Transportation Development Policy adopted by the city council on September 20, 2016. The Interstate 280/Winchester Boulevard Transportation Development Policy is maintained for public review in the transportation, planning, and project delivery division of the department of transportation.

• D. "Trip" means any vehicle trip that will occur from new development in the plan area that will contribute to the need for the addition of a new northbound offramp from Interstate 280 to Winchester Boulevard, which is the transportation improvement identified in the Interstate 280/Winchester Boulevard Traffic Impact Fee Plan. "New development" that is subject to this policy includes any project that will generate vehicle trips that will utilize the I-280 Northbound/Winchester Boulevard off-ramp improvement upon construction during the p.m. peak hour.

(Ord. 29789.)

This chapter establishes the requirements for the Interstate 280/Winchester Boulevard Traffic Impact Fee for all new development in the plan area generating vehicle trips that will contribute to the need for the new northbound off-ramp from Interstate 280 to Winchester Boulevard. The Interstate 280/Winchester Boulevard Traffic Impact Fee is limited to providing funding in the amounts and for those improvements specified in the Interstate 280/ Winchester Boulevard Traffic Impact Fee Plan. Nothing in this chapter shall restrict the ability of

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§ 14.35.010

the city to require dedication of land, payment of fees or construction of improvements for needs other than, or in addition to, the improvements specified in the Interstate 280/Winchester Boulevard Traffic Impact Fee Plan. (Ord. 29789.)

• A. Prior to the issuance of any building permit for new development in the plan area, the Interstate 280/Winchester Boulevard Traffic Impact Fee shall be paid in the amount of twenty-five thousand six hundred forty-one dollars per trip.

• B. The Interstate 280/Winchester Boulevard Traffic Impact Fee specified in Subsection A above shall be increased by the Engineering NewsRecord (ENR) Construction Cost Index for San Francisco urban area published by McGraw Hill on January 1 of every year.

• C. No building permit shall be issued for construction within the plan area unless and until the Interstate 280/Winchester Boulevard Traffic Impact Fee has been paid in full.

• (Ord. 29789.)

All Interstate 280/Winchester Boulevard Traffic Impact Fees shall be deposited into the designated Interstate 280/Winchester Boulevard Traffic Impact Fee Fund. The Interstate 280/Winchester Boulevard Traffic Impact Fee Fund, including accrued interest, shall be subject to the all of the applicable provisions of Government Code Section 66000 et seq., including but not limited to the requirements for accounting, reporting and expenditure of the fund for the improvements specified in the Interstate 280/Winchester Boulevard Traffic Impact Fee Plan. (Ord. 29789.)

All Interstate 280/Winchester Boulevard Traffic Impact Fees shall be collected until the improvements specified in the Interstate 280/Winchester Boulevard Traffic Impact Fee Plan are fully funded and constructed. In the event that public funds are advanced to accelerate the construction of the improvements specified in the Interstate 280/Winchester Boulevard Traffic Impact Fee Plan, the Interstate 280/Winchester Boulevard Traffic Impact Fees shall be collected until all advanced city funding is fully reimbursed to the city. (Ord. 29789.)