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.
"Johnson Drive Economic Development Zone"
means the area subject to PUD-105, adopted by Ordinance No. 2171, as shown on Exhibit A.
"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)