This chapter establishes fees to be charged as a condition of
development approval to defray the cost of transportation improvements
required to serve new development within the Johnson Drive Economic
Development Zone.
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)
The fees required by this chapter apply to new development in the Johnson Drive Economic Development Zone. The fees required by this chapter are supplementary to the fees, dedications and conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, the California Environmental Quality Act, Chapter
3.26 (Traffic Development Fee), regional traffic fees, and other state laws and city ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions on development.
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)
For the purposes of this chapter, the following definitions
apply:
"Developer"
means an individual or entity submitting an application for
a building permit or other entitlement for development in the Johnson
Drive Economic Development Zone.
"Development"
means new development or change in use of existing development
in the Johnson Drive Economic Development Zone.
"Street improvements"
means the following improvements, described in more detail
in the Supplemental Environmental Impact Report that the city council
certified, by Resolution No. 17-976, for the Johnson Drive Economic
Development Zone:
1.
Commerce Drive at Johnson Drive signal (Mitigation 4.D-1a);
2.
Johnson Drive at Owens Drive (north) signal (Mitigation 4.D-1b);
3.
Johnson Drive at Stoneridge Drive intersection - left turn (Mitigation
4.D-1c);
4.
Johnson Drive widening (Mitigation 4.D-3).
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)
A. The
amount of the fee shall be established by resolution of the city council.
The fee shall be based on the cost of the street improvements divided
by the total new trips generated by development. The number of total
trips shall be based on land use type and building square footage
of development.
B. The
fee shall be subject to an annual inflation adjustment on January
1 of each year based upon the Engineering New Record Construction
Cost Index for the San Francisco – Bay Area.
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)
A. The
full amount of the fee shall be paid at the time of: issuance of a
building permit; or conversion or change in use of an existing structure
which individually or cumulatively increases the number of peak hour
trips by 10 or more.
B. Development
consisting of the repair or replacement of structures, provided that
such repair or replacement does not result in any conversion or change
in land use, or any enlargement of gross floor area beyond that of
the previous structure, is exempt from the fee.
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)
The fees shall be placed in a separate fund and shall be used
only for the purpose of acquiring land for, and constructing, the
street improvements.
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)
If a developer dedicates land for and/or constructs a portion
of the street improvements, the city and the developer may enter into
an agreement to provide a credit against payment of the fee or a portion
of the fee. Credits shall be reasonably calculated by the community
development director, or designee.
(Ord. 2178 § 2, 2018; Ord. 2215 § 2, 2021)