A. 
There is established the Los Alamitos comprehensive transportation system improvement program ("program").
B. 
The program shall be comprised of the following city documents:
1. 
The city's seven-year transportation capital improvement program;
2. 
The development mitigation program;
3. 
The comprehensive phasing program;
4. 
The performance monitoring program.
C. 
The program shall also include the goals, objectives, policies and implementation program of the growth management element of the city's general plan.
D. 
The foregoing program documents shall be used in determining the traffic impact fees herein established; the documents are incorporated herein by this reference.
(Ord. 569 § 1, 1993)
A. 
The traffic impact fee shall be determined in accordance with the methodology described in the program documents. The program documents shall set forth the specific amount of the fee for each development category.
B. 
The program documents shall be reviewed annually during the month of June by the city council. Upon conclusion of such review the city council shall, by resolution, adopt the program documents as amended or revised and shall set forth therein the amount of the fee to be imposed.
C. 
Prior to the annual city council review the city engineer shall prepare a program monitoring report to determine whether the fee is reasonably related to the impacts of development in the city, whether traffic improvement facilities should be added, deleted or modified and whether the methodologies contained in the program are producing the desired results.
(Ord. 569 § 2, 1993)
A. 
There is established a traffic impact fee ("fee") which shall be imposed on all nonexempt developments which contribute measurable traffic to one or more intersections listed in the program documents. The intersections shall include intersections listed in the program documents at the date of adoption of this section and any future listings added the program documents by action of the city council.
B. 
The decision to impose the fee on each nonexempt development project shall be based upon a traffic report prepared at the expense of the project applicant and in accordance with the minimum requirements of GME traffic analyses described in the program documents together with such additional information as may be reasonably required by the city engineer.
C. 
An adjustment to the fee may be made in the following instances:
1. 
A reduction or adjustment of the fee not to exceed 25% based upon improving the local balance between jobs and housing;
2. 
An adjustment of the fee based upon providing land uses that generate primarily nonpeak hour vehicular trips;
3. 
A reduction in the fee in consideration of participation in a transportation demand management program, designed to reduce the peak-hour traffic demand of the property.
D. 
The fee assessment process shall take into account the existing use of the property, so that a property owner will be charged only for increased traffic impacts.
(Ord. 569 § 3, 1993)
The fee established herein shall be paid upon issuance of the first building permit or grading permit and shall be imposed as a condition of subdivision approval.
(Ord. 569 § 4, 1993)
The revenue derived from the fees, together with the interest earned, shall be used by the city to pay for:
A. 
Past or future construction of transportation facilities or projects listed in the program documents; or
B. 
To reimburse developers qualifying with the fee adjustments provisions set forth in Section 12.16.030 (C)).
(Ord. 569 § 5, 1993)
A refund of fees collected may be made when the building permit, grading permit or subdivision approval for the project expires and no extensions have been granted.
(Ord. 569 § 6, 1993)
Where there is a requirement imposed upon a phased project pursuant to this section for the payment of the fee it shall be payable serially as to each phase of the project, in conjunction with improvements accomplished and not in one payment for the entire project.
A. 
Any residential development of 100 or more dwelling units shall be developed in phases not to exceed 100 dwelling units per phase.
B. 
Any nonresidential development or improvement of 500,000 square feet of gross floor area shall be developed in phases not to exceed 500,000 square feet of gross floor, area per phase.
C. 
Fees shall be payable for each phase at such time as the building permits for that phase are issued.
D. 
No permits shall be issued for any subsequent phase of a development until such time as all infrastructure improvements associated with any previous phase are in place and operational.
(Ord. 569 § 7, 1993)
A. 
The city engineer shall annually prepare a list of developments subject to traffic impact fees. This report shall include the identification, location and description of applicable developments and/or modifications thereto and the fees assessed. Such report shall be submitted to the city manager by the first day of March of each year.
B. 
A performance monitoring program shall be initiated and reviewed annually by the city engineer to evaluate the project list, assign infrastructure improvement priorities and the applicability of the program fees. Developers of approved projects shall be required to submit needed information to the city engineer who shall then submit an annual report based on this review to the city manager for incorporation, as applicable, into the seven year capital improvement program.
(Ord. 569 § 8, 1993)
New development or changes in existing development or property use which fall within any of the categories listed below shall be exempt from the provisions of this chapter:
A. 
Any development on an existing lot resulting a total daily traffic generation of less than 200 trips;
B. 
Any agricultural, open space, conservation or passive park use;
C. 
Any rebuilding of an existing development damaged or destroyed by fire or natural disaster if uses and square footage remain substantially the same;
D. 
Public health and safety facilities such as police, fire and safety facilities;
E. 
Minor alterations and remodeling of existing structures resulting in no substantial change in traffic generation as determined by the city engineer;
F. 
Development that creates less than a one percent increase in the intersection capacity utilization (ICU) at one of the previously cited monitoring intersections identified in the program documents. A traffic study shall be prepared and submitted to the city engineer. The city engineer shall then determine if the development may be exempt from the provisions of the impact fee.
(Ord. 569 § 9, 1993)