The city council finds and determines that in order to provide sufficient funding to achieve the city’s goal of maintaining bicycle and pedestrian infrastructure levels and providing adequate bicycle and pedestrian improvements to residents, employees, and visitors of the city, in accordance with the standards established in the general plan, bicycle master plan, and other applicable plans and regulations, development projects identified in Section 8.68.050 below shall pay a bicycle and pedestrian impact fee as outlined in this chapter, in order to mitigate the impacts of these development projects on bicycle and pedestrian infrastructure in the city.
The specific purpose of the bicycle and pedestrian impact fee
is to mitigate the impact of development projects by collecting sufficient
funds to pay for the bicycle and pedestrian improvements in the city
that are listed in the bicycle master plan.
(Ord. 1539 § 1, 2017)
(a)
Bicycle
and Pedestrian Impact Fee. The city council finds and determines that:
(1)
There is a reasonable relationship between the bicycle and pedestrian
impact fee and the type of development projects to which the fee is
imposed because the development projects that are subject to the fee
outlined in this chapter will generate additional daily trips that
will place additional demands on bicycle and pedestrian infrastructure
in the city. The bicycle and pedestrian improvements built with the
proceeds of this fee will address and mitigate the additional impacts
created by these development projects.
(2)
There is a reasonable relationship between the need for the additional
bicycle and pedestrian improvements and the type of development projects
subject to the fee outlined in this chapter because these development
projects will attract additional residents, visitors, and employees
to the city that will place a greater demand on bicycle and pedestrian
infrastructure. The bicycle and pedestrian improvements constructed
with the proceeds of this fee will serve those new residents, visitors
and employees.
(3)
There is a reasonable relationship between the amount of the fee and the cost of providing the bicycle and pedestrian improvements attributable to the types of development upon which the fee is imposed because, pursuant to Section 8.68.070 below, the fee is calculated by apportioning the cost of paying for the required additional bicycle and pedestrian improvements to the number of trips projected to be generated by each type of new residential unit, and to the number of trips projected to be generated by each new type of non-residential unit.
(Ord. 1539 § 1, 2017)
The city council finds and determines that the public interest,
convenience, health, welfare, and safety require that adequate bicycle
and pedestrian facilities are provided for residents, visitors, and
employees of the city.
(Ord. 1539 § 1, 2017)
(a)
The
bicycle and pedestrian impact fee is hereby established, pursuant
to California Government Code Sections 66000 et seq.
(b)
Payment of the bicycle and pedestrian impact fee shall be imposed as a condition of development for every type of development project specified in Section 8.68.060.
(c)
The
bicycle and pedestrian impact fee shall be charged to and paid by
each development subject to the fees upon the date of final inspection
or issuance of the certificate of occupancy for the development, whichever
is earlier. However, if the fees are to reimburse the city for expenditures
previously made, or if the city determines that the fees will be collected
for bicycle and pedestrian improvements for which an account has been
established and funds appropriated, and for which the city has adopted
a proposed construction schedule prior to issuance of the building
permit for such development projects, then the fee or fees shall be
charged and paid upon issuance of the building permit for such development.
However, with respect to a residential development proposed by a nonprofit
housing developer in which at least forty-nine percent of the total
units are reserved for occupancy by lower income households, as defined
in Health and Safety Code Section 50079.5 at an affordable rent, as
defined in Health and Safety Code Section 50053, the payment procedures
described in Government Code Section 66007(b)(2)(A)-(B) shall apply.
(Ord. 1539 § 1, 2017)
All residential and nonresidential development projects shall be required to pay the bicycle and pedestrian impact fee established pursuant to this chapter, unless subject to the transportation impact fee provided for in Chapter 8.73.
(Ord. 1539 § 1, 2017; Ord. 1607 § 2, 2020)
(a)
In calculating the bicycle and pedestrian impact fee pursuant to subsection (b), the city will use the data contained in Formula Table 8.68.060(a) below.
|
Table 8.68.060(a)
Bicycle and Pedestrian Improvements Formula
| ||
|---|---|---|
|
Land Use Type
|
ADT per Units or 1,000 square feet
|
Cost per ADT(*)
|
|
Residential, per unit
|
|
|
|
Single-family
|
9.60
|
$25.31
|
|
Multifamily
|
6.70
|
$25.31
|
|
Mobilehomes
|
5.00
|
$25.31
|
|
Nonresidential, per 1,000 square feet
|
|
|
|
Office
|
3.71
|
$25.31
|
|
Commercial/Retail
|
14.40
|
$25.31
|
|
Hotel/Visitor Services (rooms)
|
9.45
|
$25.31
|
|
Industrial
|
4.91
|
$25.31
|
|
*
|
Cost per ADT may be adjusted annually pursuant to subsection (d)
|
(b)
Bicycle
and Pedestrian Impact Fee Formula. The bicycle and pedestrian impact
fee formula shall be calculated by multiplying the number of average
daily trips (ADT) per unit or one thousand square feet generated by
a particular development type by the cost per ADT.
|
Formula 8.68.060 (b)
|
|
ADT per unit or 1,000 square feet X Cost per ADT = Bicycle and
Pedestrian Impact Fee
|
(c)
Administrative
Fee. The city may collect a reasonable administrative fee to cover
the cost of administering the program described in this chapter, as
determined by the finance director and approved by resolution of the
city council.
(d)
Annual
Adjustment. Fees paid pursuant to this section may be adjusted annually
in accordance with the Engineering New Record Construction Cost Index
(CCI) for the San Francisco area. Such annual adjustment shall be
approved by resolution of the city council.
(Ord. 1539 § 1, 2017)
The bicycle and pedestrian impact fee funds shall only be used
for the purposes outlined in this chapter.
(Ord. 1539 § 1, 2017)
