San Ramon Municipal Code Art. 2 Tri-Valley Transportation Development Fee

This article provides for the imposition of fees to be collected for the purpose of funding transportation improvements provided for under a joint exercise of powers of agreement entered into by the cities of San Ramon, Dublin, Livermore, Pleasanton, Town of Danville and the counties of Contra Costa and Alameda.

City of San Ramon, CA | Municipal Code 396

A. This ordinance is enacted pursuant to Government Code Sections 66016 and 66017. All required notices have been properly given and public hearings held. B. The purpose of the fee described in this article is to generate funds to finance transportation improvements within the Tri-Valley area. The fee will be used to finance the transportation improvements listed in the joint exercise of powers of agreement. There is a reasonable relationship between the fee and the types of development projects that are subject to the fee in that the development projects will generate additional traffic impacting the Tri-Valley area, thus creating a need to expand, extend or improve existing major thoroughfares and a need to undertake other transportation projects identified in the JEPA to mitigate adverse traffic and infrastructure impacts that would otherwise result from such new development. The fee imposed hereunder is in addition to the traffic impact mitigation fee provided for under Chapter II, DIVISION C4 of the Municipal Code as well as the Southern Contra Costa regional and subregional fees provided for under Article 1 of Chapter IIA, DIVISION C4 in that each fee is utilized to fund different transportation improvements. (Ord. 302 § 4 (part), 1998)

The following fees to fund transportation improvements are adopted and shall be paid prior to issuance of a building permit. Land Use Type Fee Per Unit Single-family residential $2,181 Dwelling unit Multifamily residential $1,387 Dwelling unit Office $3.91 Square foot of gross floor area Retail $1.46 Square foot of gross floor area Industrial $2.65 Square foot of gross floor area Other uses $2,181 Average a.m./p.m. peak hour trip Affordable housing $0 Dwelling unit

*Note: Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Trip Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing, the Parties may provide in their implementing ordinance or resolution that an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the Party, may appeal the determination to the Party's legislative body. If such an appeal is granted by the Party, and the Party adjusts the number of peak-hour trips, the Party shall have such decision ratified by five members of the TVTC. Absent such ratification, the Party shall pay the difference between the actual fee imposed and the fee set forth in this Section 9 or the Party shall notify the applicant that the full amount of the fee must be paid by the applicant. (Ord. 323 § 1, 1999: Ord. 302 § 4 (part), 1998) (Ord. No. 422, § 2, 1-26-2010)

Implementation of the fee established by this article shall conform to provisions of the joint exercise of powers agreement described in Section C4-29.01 of this article. The JEPA was approved by the city of San Ramon on May 12, 1998. (Ord. 302 § 4 (part), 1998)

City of San Ramon, CA | Municipal Code 397

Nothing in this chapter shall be construed to abridge or modify the council's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915.5, to adjust or waive the fees provided for under either Article 1 or Article 2 of this chapter. (Ord. 302 § 4 (part), 1998)

If any fee or provision of this Chapter is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the council declares that it would have adopted each part of Article 1 and Article 2 irrespective of the validity of any other part. (Ord. 302 § 4 (part), 1998)