San Ramon Municipal Code Ch. II Traffic Impact Mitigation Fees

Administrative charge Cumulative impact Development agreement Gross square feet Improvements related to specific impacts New development P.M. peak-hour trip generation rate P.M. peak-hour vehicle trip Project Total transportation improvement cost Trip demand factor C4-13. - Applicability. C4-14. - Exemptions. C4-15. - Retroactivity. C4-16. - Calculation. C4-17. - Review. C4-18. - Payment of fee. C4-19. - In-lieu contribution. C4-20. - Advance of funds by city. C4-21. - Restrictions on use. C4-22. - Contributions supplementary. C4-23. - Enforcement. C4-24. - Subdivision—General requirement.

City of San Ramon, CA | Municipal Code 389

This Chapter is enacted for the purpose of establishing the traffic mitigation fee to defray the actual cost of constructing roadway improvements within the city which are needed to accommodate the cumulative traffic impacts caused by all new development. It is also the purpose of this chapter to establish an equitable fee and administrative program to assure that each new development bears the burden of its individual, incremental share of improvements needed to accommodate the cumulative traffic impacts caused by all new development. The fee shall be for traffic improvements over and above any improvements required to mitigate project-specific impacts as defined in this chapter. (Prior code § C1-70)

As used in this chapter: Administrative charge means a percentage of the traffic impact mitigation fee that shall not exceed two percent which is added to the base fee amount to compensate for legal, accounting, administrative support, revenue collection, and mandated public reporting. Cumulative impact means an impact that is the result of continued growth, the cause of which is associated with all new development. Development agreement means an agreement between the city and any person having a legal or equitable interest in real property for the development of such property adopted pursuant to Resolution 86-2 of the city council (adopted pursuant to Section 65865 of the California Government Code). Gross square feet means the total enclosed area of all floors of a building and the unenclosed area of all floors of a building enclosed by exterior walls and which are located under a floor above, measured to the inside surfaces of exterior walls and including halls, stairways and elevator shafts. Improvements related to specific impacts means improvements, including frontage improvements and improvements to streets and intersections that provide access to a development or circulation within a development, and off-site improvements, if a significant proportion of the need for the improvements is created by the development. Land use category means the following specific land uses, including, but not limited to:

1. Residential. Single-family detached, single-family attached, townhouse, condominium and apartment.
2. Nonresidential. Retail, retail building supply, local serving office, professional office, service commercial and business service. New development means any construction, addition, enlargement, conversion or renovation of a structure that requires the issuance of a building or zoning permit and that has the potential to add one or more p.m. peak-hour trips to the city's circulation system, and for which the permit is issued after the effective date of the ordinance codified in this chapter. P.M. peak-hour trip generation rate means the number of p.m. peak-hour trips generated by land use category per unit of development (residential unit, gross square foot, room). P.M. peak-hour vehicle trip means an arrival or departure of a motor vehicle during the p.m. hour of the highest volume of traffic on the street network in the vicinity of the development. Project means any property subject to the provisions of this chapter.

City of San Ramon, CA | Municipal Code 390

Total transportation improvement cost is the sum of the estimated construction costs of all circulation improvements in the Five-Year Capital Improvement Program, subtracted by the amount of current or projected funding available for those improvements. Trip demand factor means the average trip length for the land use for which fees are being computed divided by the average trip length for all land uses according to most recent trip length data published by the Metropolitan Transportation Commission. (Ord. No. 469, § 1, 9-27-2016; Prior code § C1-71)

The provisions of this chapter shall apply to all new development as defined in Section C4-12 of this chapter, unless otherwise provided herein. (Prior code § C1-74)

The following categories of new development shall be exempt, in whole or in part, from the contributions otherwise required by this chapter: A. New developments undertaken by public agencies or entities; B. New developments that has a building permit application on file with building services and such application has been deemed complete by the chief building inspector prior to the effective date of the ordinance codified in this chapter; C. The addition, extension, enlargement, conversion or renovation of a residential structure that does not add one or more dwelling unit; D. New development that has been required, through prior development approval, to pay a fee or assessment as a condition of approval of a discretionary permit, if the purpose of the fee as stated in the permit approval was to mitigate the projects share of cumulative traffic impacts; E. In the event a site contains one or more structures which are proposed to be demolished in conjunction with a new development, the contributions otherwise required by this chapter shall be reduced in an amount equal to the contribution that would have been required had the existing structure(s) been subject to the provisions of this chapter; F. In the event that no new construction is proposed, no contribution shall be required for the conversion from one land use category to another unless the land use category to which the property is to be converted generates more p.m. peak-hour trips than the existing use. In such cases, the contribution shall be the difference between the contributions required for each land use as set forth herein; G. The provisions of this section shall not apply to structures or uses which were demolished or terminated more than one year prior to the approval of a new development on the property; H. Where a land use proposed for a site is less intensive than the existing land use, no refund will be available to the developer; I. Those projects which are part of a valid development agreement shall conform to the provisions of said development agreement; J. Temporary uses as determined by the planning commission or city council. (Prior code § C1-75)

City of San Ramon, CA | Municipal Code 391

In those cases where a developer has submitted a traffic mitigation fee required as a condition of approval prior to the effective date of the ordinance codified in this chapter, refunds are prohibited. In those cases where a condition of approval on a development approved prior to the effective date of the ordinance codified in this chapter states that a traffic mitigation fee shall be determined prior to the issuance of building permits the fee shall be based upon the amounts set forth in this chapter and the fee resolution at the time building permits are issued. (Prior code § C1-78)

A. Calculation of Fee. The traffic impact mitigation fee shall be calculated in accordance with the following procedure and as established by the fee resolution adopted by the city council in conjunction with this chapter: 1. Determine the total transportation improvement cost as defined in Section C4-12. 2. Determine the total estimated peak-hour traffic generation from the projected development as follows: a. Determine the number of projected development units from current land use data, as prepared by the planning department, taking into account development that has occurred since time of last update. b. Establish the appropriate p.m. peak-hour trip generation rate for specific land use categories, as defined in Section C4-12 of this chapter. Data from the current Institute of Traffic Engineers (ITE) Manual and any other applicable studies is to be used in the determination of appropriate trip rates given specific land use categories. In the case where the defined trip rate for a land use is questionable, a public works department designee with a valid California Traffic Engineer Registration will make a final determination as to the appropriate trip rate applicable to such use. c. The total estimated p.m. peak-hour traffic generation from projected development is the sum of the products of subdivisions (a) and (b) of this subsection. 3. Determine the cost per p.m. peak-hour trip by dividing the total transportation improvement cost by the total estimated p.m. peak-hour traffic generation. 4. Determine the cost per dwelling unit or per 1,000 gross square feet of floor area by multiplying the cost per p.m. peak-hour trip by the number of trips generated by each dwelling unit or per 1,000 gross square feet of floor area, and by the respective trip demand factor according to land use. B. Required Fee. The traffic impact mitigation fee required of any project shall be calculated by adding the administrative charge to the cost per dwelling unit or per 1,000 gross square feet. The required fee is then multiplied by the total number of dwelling units or 1,000 gross square feet of floor area to determine the total traffic impact mitigation fees payable for any project. (Ord. No. 469, § 2, 9-27-2016; Prior code § C1-79)

City of San Ramon, CA | Municipal Code 392

Every five years, or more often as deemed necessary, the public works department shall review the estimated cost of described capital improvements, the continued need for those improvements and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which this fee is charged. The planning department shall be responsible for updating the land use inventory. The planning department shall report the findings to the public works department and the city council for the purpose of determining whether any adjustment to this fee or other action may be needed to ensure that the traffic impact mitigation fee is a fair and equitable method of distributing the cost of roadway improvements necessary to accommodate traffic volumes associated with increased development and growth. (Ord. No. 469, § 3, 9-27-2016; Prior code § C1-80)

A. For residential developments which require a building permit, the fee shall be paid prior to the date of issuance of a building permit or as authorized and determined by the city under Government Code Section 66066. B. For nonresidential developments the fee shall be paid prior to the issuance of a building permit, and no such permit shall be issued until said fees are paid. C. For new development not requiring a building permit the fee shall be paid prior to the issuance of a zoning permit or final occupancy. D. In cases where the required fee was not collected prior to issuance of a building or zoning permit, or final occupancy, the fee is still payable and due as of the date of issuance of said permit or occupancy. (Prior code § C1-82)

The provisions of this chapter may be satisfied, in whole or in part, by the dedication of right-of-way, or the construction of roadway or related improvements necessary to implement the capital improvement program, as set forth herein: A. In-lieu credit may be given where discretionary approval of a specific development results in improvements that are included in the capital improvement program, except: 1. Improvements required that may be temporary in nature, or may have to be relocated, altered or removed in the future shall not be eligible for consideration as an in-lieu contribution; 2. Improvements required that exceed the improvements in the capital improvement program, that are necessary to accommodate a specific development shall not be eligible for consideration as an in-lieu contribution. B. If an assessment district or special taxing district is established for all or part of the area subject to this chapter to fund circulation improvements which are or will be funded in whole or in part by the fee established by this chapter, the owner or developer of a project may apply to the city council for an in-lieu credit against the fee in an amount equal to the assessment or taxes paid. C. Acceptance of all proposed in-lieu contributions shall be subject to approval of the city council on appeal or review. (Prior code § C1-83)

City of San Ramon, CA | Municipal Code 393

The city may advance money from any available source or fund for the construction of improvements which would otherwise be paid for from the fees collected pursuant to this chapter and reimburse itself from future fees. (Prior code § C1-84)

The fees collected pursuant to the provisions of this chapter shall be set aside by the city in a fund to be used solely for the purpose of constructing roadway and related improvements, acquiring right-of-way necessary to carry out the circulation section of the Capital Improvement Program, and meeting the city's debt service on the aforementioned actions. During the annual budget review, the city council shall review fund balances and required roadway improvements and make a determination for use of the funds for the coming year. (Prior code § C1-85)

It is the intent of the city council that the contributions required by this chapter shall be supplementary to the contributions and conditions imposed upon projects pursuant to the provisions of this code, the Subdivision Map Act, the California Environmental Quality Act and other state and local laws, ordinances or charter provisions which may authorize the imposition of conditions or contributions on development. (Prior code § C1-86)

A. Enforcement. In the case of noncompliance with this chapter, the fees and interest that would have accumulated shall be calculated from the date that the fee was due and payable and not from the date of discovery, complaint or enforcement. B. Performance. Failure of any city official to fulfill the requirements of this chapter shall not excuse any applicant from payment of the fee required by this chapter. (Prior code § C1-87)

Applicants for new construction building permits, excluding permits for signs and interior improvements shall, as a condition of the issuance of the building permit, pay such traffic mitigation fees as the city council finds, by resolution, reasonable and necessary to mitigate the effects of increased traffic resulting from the project. (Prior code § C1-90)

Those building permits issued pursuant to a tentative or parcel map, or development plan, for which traffic mitigation fees were required as a condition of approval, are exempt from the requirements of C4-24 of this chapter. (Prior code § C1-91)