This chapter is enacted pursuant to
Government Code Sections
66000 through 66009 and the charter city authority provided by the
Constitution of the state of California.
(Ord. 2737-03 § 1)
This chapter applies to fees charged as a condition of development
approval to defray the cost of certain transportation improvements
required to serve new development within the city of Sunnyvale. This
chapter does not replace other subdivision map exactions or other
measures required to mitigate site specific impacts of a development
project including, but not limited to, mitigations pursuant to the
California Environmental Quality Act; regulatory and processing fees;
fees required pursuant to a development agreement; funds collected
pursuant to a reimbursement agreement that exceed the developer' s
share of public improvement costs; or assessment district proceedings,
benefit assessments, or taxes.
(Ord. 2737-03 § 1)
The following definitions apply to this chapter:
Intensification of use.
"Intensification of use" occurs when a use generates a greater
number of peak hour trips than the prior use, according to trip generation
rates contained in the most current edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Traffic/transportation improvements.
"Traffic improvements" or "transportation improvements" includes
all street and intersection improvements and related facilities, including,
for example, sidewalks, bikeways and pedestrian and bicycle bridges,
and equipment.
Uses.
"Uses" shall be defined as set forth in Title 19. The director
of community development shall determine the appropriate land use
category for any use not set forth, based on similarity of use, and
peak hour trip characteristics of the use as indicated in the most
current edition of the Institute of Transportation Engineers (ITE)
Trip Generation Manual.
(Ord. 2737-03 § 1)
The amount of the fee shall be determined by the following formula:
Fee = APHT x ACT x TLUU
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Where
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APHT = Average Peak Hour Trips per Land Use Unit, defined as
the number of evening peak hour trips per Land Use Unit for each category
of land use as determined by the ITE Trip Generation Manual.
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ACT = Average Cost per Trip, defined as the estimated traffic
improvement costs attributable to new development within the city
divided by the number of new evening peak hour trips associated with
new development as determined in the Traffic Mitigation Program Study
or subsequent amendments to the report.
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LUU = Land Use Unit, defined as dwelling units for residential
uses including hotels, or as square feet for nonresidential uses,
or other units as defined in the ITE Trip Generation Manual.
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TLUU = Total Land Use Units, defined as the total number of
residential dwellings or non-residential square feet or discrete units
involved in the project subject to the fee.
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(Ord. 2737-03 § 1)
Transportation impact fees shall be calculated at the time of
complete building permit application submittal and shall be paid in
full to the city before any building permit is issued. If no building
permit is required, the fee shall be paid before a conversion of use
of an existing building may take place. The fee shall apply to any
project for a change in use or receiving a building permit on or after
January 1, 2004.
(Ord. 2737-03 § 1; Ord. 3079-16 § 1)
Fees collected pursuant to this chapter are not intended to
replace or limit requirements to provide mitigation of traffic impacts
not mitigated by the fee and created by a specific project, and imposed
upon development projects as part of the development review process.
(Ord. 2737-03 § 1)
Public park facilities, city buildings, and those government
facilities entitled to an exemption under law, are exempt from the
fee.
(Ord. 2737-03 § 1)
The director of public works may adjust the fee imposed pursuant
to this chapter in consideration for certain on-site and off-site
facilities or improvements constructed or paid for by the developer.
In determining an adjustment, the director shall give a developer
credit for the value of improvements if the improvement is identified
in the Traffic Mitigation Program Study and the developer: dedicates
land for the improvement(s) identified in the study, constructs the
improvement(s), finances the improvement(s) by cash, pays the assessments
of an assessment district, or Mello-Roos Community Facilities District,
or a combination of the foregoing.
(Ord. 2737-03 § 1)
The fee authorized by this chapter, implementing council resolutions,
and supporting documentation, including the Traffic Mitigation Program
Study, shall be reviewed annually in order to make any findings required
by state law.
(Ord. 2737-03 § 1)