It is intended to implement the goals and objectives of the growth management element and the circulation element of the general plan, and to mitigate the traffic impacts caused by new development within the city through the construction of certain traffic improvements. As a development traffic mitigation measure, future developments must incorporate fair share participation to the cost of maintaining level of service standards and to develop future transportation systems.
(Ord. 1452 § 1, 1993)
"Circulation improvements"
includes but is not limited to the construction of or improvement to street rights-of-way, traffic signals, over crossings, underpasses, curbs, gutters, sidewalks, street pavement, and drainage improvements incidental to street improvements necessary to provide traffic circulation consistent with the circulation component of the community development plan of the La Habra general plan 2020. For purposes of this definition street includes highway or road.
"Development"
means any new construction or use that requires the issuance of a building permit or other city use entitlement and which generates additional traffic impacts above that generated by the previous use of the land.
"Development permits"
means a building permit required by and issued pursuant to Chapter 15 of this code, or other city use entitlement such as but not limited to a conditional use permit, an environmental design review permit, a zone change, variance or subdivision required by Chapters 17 and 18 of this code.
"Master plan of arterial highways"
means the roadway system as defined in the circulation component of the community development plan of the La Habra general plan 2020.
"PM peak hour trip ends"
means the number of one-way (in and out) vehicular trips generated by a given land use during the one-hour period of highest traffic volume during the PM peak period of 3:30-6:30 p.m.
(Ord. 1452 § 1, 1993)
A. 
A traffic improvement fee is hereby established on issuance of development permits for development in the city of La Habra to pay for their fair share of the needed circulation and roadway improvements.
B. 
In subsequent city council resolutions, the city council may review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.
C. 
As described in the fee resolution, this development fee shall be paid by each developer either prior to issuance of building permit or prior to issuance of a certificate of occupancy for any project not required to obtain a building permit from the city of La Habra.
(Ord. 1452 § 1, 1993)
The revenues raised by payment of the traffic improvement fee shall be placed in a separate and special account as provided by council resolution and such revenues along with any interest earnings on that account, shall be used for the following purposes:
A. 
To pay for right-of-way acquisition, engineering, and construction of designated public facilities as identified in the resolution establishing each fee;
B. 
To reimburse the city for roadway improvements constructed by the city with local funds from other sources; or
C. 
To reimburse developers who have constructed designated public facilities having size, length or capacity beyond that needed to mitigate impacts of the individual development project as determined by city engineer or designee.
(Ord. 1452 § 1, 1993)
Developers may be required to construct transportation improvements designated to be financed with traffic improvement fees in lieu of paying a development fee. If a developer is required, as a condition of approval of a development permit, to construct a transportation improvement that has been designated to be financed with traffic improvement fees. The cost of the improvements, paid for by the developer may be used as in-lieu credit against the traffic improvement fees as determined by the city engineer or designee.
(Ord. 1452 § 1, 1993)
The application shall be accompanied by a fee as established by resolution of the city council to defray the expense of administering this chapter. The fee is as follows:
A. 
Initial Traffic Impact Assessment Fee (preliminary traffic analysis and fee assessment).
(Ord. 1452 § 1, 1993; Ord. 1454 § 1, 1993)
A. 
A developer of any project subject to the fee described in Section 10.48.030 may apply to the city for a reduction or adjustment to that fee, or a waiver of that fee. If an appeal of the assessed fee cannot be resolved after review and consideration by the city engineer or designee, an application shall be made in writing and filed with the planning department not later than ten days after the decision of the city engineer or designee. The item shall be scheduled for planning commission action in accordance with customary filing deadlines for projects submitted to the planning commission.
B. 
The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The planning commission shall consider the application at the public meeting on the permit application. The decision of the planning commission may be appealed to the city council, whose decision shall be final. If the reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
C. 
The fee for an appeal is as follows:
1. 
Appeal Fee (review of assessed fee by city engineer or designee).
(Ord. 1452 § 1, 1993; Ord. 1454 § 1, 1993)