Claremont City Zoning Code
CHAPTER 16
200 TRANSPORTATION IMPACT FEES
§ 16.200.000 Purpose.
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.
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§ 16.200.010 Establishment on fee requirement.
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.
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§ 16.200.020 Applicability.
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.
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§ 16.200.030 Time for payment of fee.
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.
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§ 16.200.040 Limited use of transportation impact fees.
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.
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§ 16.200.050 Developer credit.
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.
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§ 16.200.060 Fee exemptions, waivers, reductions, and refunds.
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)