The purpose of this chapter is to establish transportation impact
fees in accordance with the provisions of the California Government
Code. New development generates additional traffic in the City that
incrementally impacts the City's existing transportation facilities,
endangers the safety of pedestrians and bicyclists, and threatens
the quality of life of Claremont residents. The transportation impact
fees are necessary in order to fund needed improvements to the City's
circulation and transportation systems to reduce the cumulative transportation
impacts caused by new development, and are apportioned to new development
based on new development's fair share of the estimated costs of the
improvements.
(08-05)
Except as otherwise provided in this chapter, the developer
of any new development project shall pay a transportation impact fee.
A.
Transportation
impact fee amounts for new development shall be established by separate
resolution of the City Council. Such resolution shall list the specific
transportation improvements to be financed and the estimated costs
of the transportation improvements, and describe the reasonable relationship
between the transportation impact fees and the various types of new
development.
B.
For
each specific new development project, the Director of Community Development
shall determine the type of development and the corresponding fee
to be charged in accordance with the resolution enacted pursuant to
this chapter.
C.
City
staff shall from time to time review the transportation impact fees,
prepare reports to the City Council regarding the continued need for
the improvements and their relationship to new development, and schedule,
notice and conduct public hearings. Considering the reports from staff,
the City Council may adjust the fee amounts.
(08-05)
For purposes of this chapter, new development shall mean the
subdivision of land for new residential dwelling units, the construction
of new dwelling units, the construction of residential group quarters,
the expansion of group quarters, the construction of commercial, office,
industrial, educational and other nonresidential buildings, the addition
of floor space to existing commercial, office, industrial, educational,
or other nonresidential buildings, new student enrollment or increase
in student enrollment at a educational institution, or a change in
land use.
(08-05)
A.
Residential
Parcel and Tract Maps
The subdivider shall pay transportation impact fees prior to
the recordation of a residential parcel or tract map.
B.
Building
Permit for Residential Construction
If no transportation impact fee has been previously paid for
a dwelling unit or group quarters, as provided above, the applicant
shall pay a transportation impact fee prior to the issuance of a building
permit for the dwelling unit or group quarters.
C.
Nonresidential
Development
The applicant shall pay a transportation impact fee prior to
issuance of a building permit for any nonresidential development,
except as otherwise specified in a separate agreement executed by
the applicant and the City Manager on behalf of the City of Claremont.
D.
New
or Increased Student Enrollment at Educational Institutions
Existing educational institutions shall pay a transportation
impact when an increase in a student enrollment cap is approved by
the City and an institution with no enrollment cap shall pay a transportation
impact fee when a net increase occurs in actual student enrollment,
except as otherwise specified in a separate agreement executed by
the applicant and the City Manager on behalf of the City of Claremont.
E.
Change
of Use
The applicant shall pay a transportation impact fee prior to
issuance of a building permit for a new use which has an applicable
trip generation rate of 20 percent or greater than the existing or
previous use at the site. If the change of use requires no building
permit, the applicant shall pay a transportation impact prior to issuance
of a occupancy permit or business permit.
(08-05)
Fees collected pursuant to this chapter shall be deposited,
invested, accounted for and expended pursuant to California Government
Code Section 66006. The revenue raised by payment of the fees shall
be placed in a separate and special account, and such revenues, along
with any interest earnings on the account, shall be expended solely
to:
A.
Pay
for the City's future design and construction of transportation improvements
listed in the City Council resolution enacted pursuant to this chapter;
B.
Reimburse
the City for transportation improvements listed in the City Council
resolution enacted pursuant to this chapter and constructed with funds
advanced by the City from other sources; or
C.
Reimburse
developers who have been required to construct transportation improvements
subject to the provisions in the following section.
(08-05)
A developer, who is required to construct a transportation improvement
as a condition of approval of a development permit, may receive a
credit against the transportation impact fee that would otherwise
be charged on the development project pursuant to this chapter, subject
to the following:
A.
The
improvement is part of the transportation improvements listed in the
resolution adopted pursuant to this chapter and is otherwise a component
of improvements to be financed by the fee to be paid pursuant to this
chapter.
B.
The
credit does not include the cost of any portion of an improvement
needed to provide adequate circulation to the proposed development
or mitigate a direct impact created by the development.
C.
The credit does not include the costs of off-site improvements otherwise required along the street frontage of new development pursuant to Chapter 16.139, Dedication and Off-Site Improvements.
D.
The
credit does not exceed the fee amount that would otherwise be charged
on a development project pursuant to this chapter.
(08-05)
A.
Fee
Exemptions
Traffic transportation impact fees shall not be required as
a condition for the issuance of a building permit for:
1.
Alterations which will result in no additional floor area, and which
will not expand or change the use at the site to one that will generate
20 percent or more vehicle trips than the previous or existing use;
2.
Reconstruction when permits are issued within two years of the destruction
of a structure due to fire, vandalism, wind, earthquakes or other
natural or manmade disasters and the reconstruction is substantially
equivalent to the damaged or destroyed property. (Any reconstruction
or portion thereof, which is not substantially equivalent to the damaged
or destroyed property shall be deemed to be new construction and shall
be subject to the applicable fee.);
3.
Additions to single-family or multiple-family residential units,
or construction of or additions to residential accessory structures.
(Note: Transportation impact fees shall be required for new additions
or conversions of existing space which result in new dwelling units.);
4.
Projects of a temporary nature (one year or less) as determined by
the Director of Community Development; and
5.
New public facility improvements constructed by public agencies if
doing so will further the implementation of the General Plan as determined
by the Director of Community Development.
B.
Fee
Waivers or Reductions for Certain New Housing
The transportation impact fees may be waived or reduced by the
City Council for the following types of development if doing so will
further the implementation of the City's General Plan:
C.
Fee
Refunds
1.
When a fee is paid for a development project and that project is
subsequently reduced so that it is entitled to a lower fee, the fee
shall be re-computed and a partial refund of the fee shall be issued.
2.
When a fee is paid for a development project and the project is subsequently
abandoned without any further action beyond the obtaining of a building
permit, the fee paid shall be refunded upon the Building Official's
written confirmation that the building permit has been canceled.
(08-05)
