As used in this chapter:
"New development"
shall include:
1. 
New construction which generates additional traffic impacts from those generated by the previous use of the land;
2. 
Conversion of one use to a new use when the new use generates an additional traffic impact when compared to the previous use as indicated by the trip generation data presented by the Institute of Transportation Engineers (ITE) in their reference text entitled "Trip Generation," latest edition;
3. 
Expansion of an existing use at its current location or at a different location;
4. 
A new use in an existing structure when the previous use relocated to a parcel with identical ingress and egress as the previous location (regardless of intensity of traffic use);
A use which relocates to another location having the same ingress and egress as the previous location shall not be considered as "new development," unless the relocation resulted in an expansion of the use, in which case only the expansion of the use shall be considered as "new development";
5. 
Any other use upon which a condition was imposed on a required conditional use permit that the use be required to pay the street improvement fee.
"Developer"
shall include every person, firm or corporation constructing new development, directly or through the services of any employee, agent, independent contractor, or otherwise.
(O4127; O93-017)
A street improvement fee is established to be imposed on the developer of all new development in the city to pay for street improvements, which includes, but is not limited to, the construction of new streets and bridges, the reconstruction of existing streets, and the installation or modification of traffic signals, as well as the undergrounding of existing overhead utilities along arterials and collectors. The Council shall, in a Council resolution, set forth the specific amount of the fee, describe the estimated cost of these improvements, describe the reasonable relationship between the fee and the various types of new developments and set forth time for payment. On an annual basis, the Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public improvements are still needed.
(O4127; O93-017)
The revenues raised by payment of this fee shall be placed in a separate and special account, which also separately tracks the amount of money attributed toward undergrounding existing overhead utilities, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the city's future construction of improvements described in the resolution enacted pursuant to Section 15.84.020, or to reimburse the city for those described or listed improvements constructed by the city with funds advanced by the city from other sources. Previously collected in-lieu undergrounding fees may be tracked from this new account.
(O4127; O93-017)
A. 
In the event an area of the city is made subject to a special street improvement fee, the Council may by resolution provide for an adjustment in the street improvement fee to be paid by new development in such area to reflect improvements which will be funded by such special street improvement fees rather than the street improvement fee established by Section 15.84.020.
B. 
A developer who installs an off-site improvement as a specific mitigation measure for a project which improvement is identified in the resolution adopted pursuant to Section 15.84.020 as an improvement to be funded by the street improvement fee may claim a credit on such fee, not to exceed the street improvement fee payable for the project; however, any costs associated with the relocation of existing utility poles resulting from improvements to the frontage of a new development shall not be credited to a developer. The Public Works Director is authorized to allow such credit. If a developer is dissatisfied with the decision of the Public Works Director, the developer may appeal for relief to the Council by filing an appeal in writing with the City Clerk within 10 days after the disputed decision. The appeal shall state in detail the basis for the claimed credit. The decision of the Council shall be final.
C. 
In the event that a developer, as a condition of project approval, has: (1) placed existing overhead utilities underground; (2) bonded for said requirements; (3) paid an in-lieu fee as a condition of waiving said requirement; or (4) recorded a final map or parcel map with the requirement that the existing overhead utilities would be undergrounded or an in-lieu fee would be paid, any such developer who receives a building permit or, if no building permit is required, commences a new or expanded use prior to June 30, 1998, shall receive credit toward the portion of the street improvement fee due. The credit shall not exceed the component of the street improvement fee which is attributed to undergrounding existing overhead utilities. The Public Works Director is authorized to allow such credit. If a developer is dissatisfied with the decision of the Public Works Director, the developer may appeal for relief to the Council by filing an appeal in writing with the City Clerk within 10 days after the disputed decision. The appeal shall state in detail the basis for the claimed credit. The decision of the Council shall be final.
D. 
A developer of any new development subject to the fee described in Section 15.84.020 may apply to the Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of improvements to be financed. The application shall be made in writing and filed with the City Clerk not later than: (1) 10 days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(O4127; O93-017)