A. The Land Use Element of the Larkspur General Plan specifies the permitted uses of land within the City and places limits on the intensity and density of such use.

B. The City Council has examined the relationship between the land uses and densities permitted under the General Plan and the Downtown Specific Plan. Based upon this examination, the City Council has identified trends in growth and development which enable the City Council to project, with substantial certainty, the magnitude and extent of future development based upon the City’s General Plan and Downtown Specific Plan.

C. The City Council also has examined the extent to which different land uses generate vehicle trips. The City Council, in evaluating these trip generation rates, has taken into consideration, among other things, the General Plan Technical Studies, the City-wide Traffic Study, and various reports and memorandums by staff and consultants regarding trip generation rates. The City Council finds that these trip generation rates represent a reasonable estimate of the actual trip generation rates for these land use categories.

D. The City has identified certain major street and interchange improvements, transit way projects and other traffic-related improvements which are necessary or appropriate to accommodate the new development described in the City’s General Plan. The Larkspur General Plan and the City-wide Traffic Study indicate that build-out of the development permitted under the General Plan will result in unacceptable levels of service at many of the key intersections identified in the report. The City Council finds that this level of congestion will have adverse effects throughout the City and that implementation of the Transportation Element will substantially reduce these adverse effects.

E. Full implementation of the Transportation Element will require the construction of major improvements to the existing City-wide transportation system. The City Council has, after review of all relevant information, determined the estimated reasonable cost of those improvements and estimated funds available to make such improvements, as well as the extent to which funding is inadequate to make the necessary improvements.

F. The City Council, in determining the extent to which funds are available to make transportation improvements, has evaluated present and future sources of federal, state and county funding, City revenues which are earmarked for transportation improvements, and the extent to which committed projects are required to construct or fund transportation improvements that will assist in the implementation of the Transportation Element. The City is committed to actively pursuing all available funding sources for transportation improvements, in cooperation with interested members of the development community.

G. Although the traffic volume generated by an individual development project may not be, in and of itself, sufficient to overload the existing City-wide transportation system, the cumulative impact of all new development permitted under the City’s General Plan (including development currently approved or submitted for approval) will result in unacceptable levels of congestion. Implementation of the Transportation Element will result in a significant reduction in the level of traffic congestion generated by new development. It is the policy of the City, as set forth in the Transportation Element, that new development pay for the cost of the improvements to the City-wide transportation system which are identified in the Transportation Element and the City-wide Traffic Study and are necessary to accommodate the traffic volumes generated by new development. For these reasons, a fair and equitable method of securing some of the revenues necessary to construct the required transportation improvements is to impose a traffic impact fee based on the extent to which new development generates additional traffic volumes.

H. The transportation improvements will be constructed or implemented with funds generated by this chapter and will significantly benefit the contributor in that the adverse impacts, such as noise, air pollution, delay, accidents, increased fuel consumption, harm to the local economy, and inconveniences caused by traffic congestion will be substantially mitigated. The inability or failure to reduce the adverse impacts caused by traffic congestion in all parts of the City will have adverse effects throughout the City.

I. The City Council further finds that all portions of the existing local street system, except as noted below, currently operate at acceptable service levels. The funds collected under this chapter shall be exclusively used to mitigate the impacts of the trips generated by new development within the City. The following intersections have been identified as currently operating below acceptable service levels and in accord with the policies of the General Plan will not be improved in order to resolve the existing congestion problems.

J. The City Council further finds that the traffic fees to be charged pursuant to this chapter do not exceed the estimated reasonable cost of implementing the Transportation Element, that implementation of the Transportation Element is necessary to reduce the traffic congestion which will be created by new development, and that the method of allocation adopted by this chapter which is based upon the trip generation rates for the land uses permitted under the City’s General Plan assures that the fee applicable to a particular development bears a fair and reasonable relationship to each such development’s burden on, and benefit from, the City-wide transportation improvements to be funded by this chapter.

K. Periodic review, and possible revision, of the resolutions adopted by the City Council pursuant to this chapter will allow for the adjustment of the fees to be paid under this chapter to ensure that those fees are fair and equitable and that the traffic fees imposed pursuant to this chapter continue to reflect the reasonable cost of implementing the Transportation Element. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)

“Developer” shall mean an individual or entity submitting an application for a building permit or other entitlement for development.

“Development project” shall mean the construction of a new structure, the addition to an existing structure, or the change of use of an existing structure.

“Gross floor area” shall mean the square footage of the area included within the surrounding exterior walls of a building or portions thereof, exclusive of floor area devoted to vehicle and parking.

“Land use category” shall mean a specific land use as described in the General Plan, Zoning Code or Institute of Transportation Engineers (ITE) “Trip Generation Manual.”

“New development” shall mean the total amount of potential forecasted new development in the City of Larkspur as permitted under the General Plan calculated to occur between 1990 and build-out estimated to occur by 2005.

“Peak hour trip” shall mean a one-way vehicle trip measured during the hour of peak traffic volume occurring between four p.m. and six p.m.

“Peak hour trip rate” shall mean the average number of peak hour trips adjusted by a pass by factor generated by a land use category per unit of development. The peak hour trip rate for each land use category shall be as defined in the most recent edition of the ITE “Trip Generation Manual.” The City may establish a trip rate for any category of land use which is not included in the ITE “Trip Generation Manual.”

“Programmed transportation system improvements” shall mean those improvements necessary to complete the major street, interchange and transit way improvements necessary to meet the goals of the General Plan, including paving, curb and gutter, sidewalks, medians, landscaping, drainage facilities, traffic signals, street lighting, noise walls, right-of-way acquisition, public park and ride facilities, bicycle paths, public transit, bridges, grade separations, downtown parking facilities, and other improvements in connection therewith, which are not otherwise provided by, or required of, development within the City pursuant to Larkspur Municipal Code Title 17 (Subdivisions), this title, as amended, or Larkspur Municipal Code Title 15 (Building Regulations), and other applicable statutes and ordinances. Programmed transportation system improvements also shall include the architectural, administrative, engineering, legal, planning, environmental and other services required in connection with the implementation of this chapter.

“Size of development projects” shall be the number of dwelling units for residential projects and the gross floor area for nonresidential projects.

“Transportation Element” shall mean the text and maps of the Transportation Element of Larkspur’s General Plan, as the same may be amended from time to time by the City Council in accordance with Government Code Section 65358. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)

A. Development projects, except as noted in subsection (B) of this section, shall be subject to the imposition of a traffic impact fee.

B. Exemptions. The following development projects are exempt from the payment of an impact fee:

A. The rate of the traffic impact fee shall be calculated in accordance with the procedure set forth in this section and shall be established by resolution of the City Council as that resolution may be amended from time to time pursuant to subsection (E) of this section enacted after a properly noticed public hearing and shall be effective no sooner than sixty (60) days after the resolution is adopted.

B. The City Council shall determine by resolution the transportation system improvement costs as follows:

C. The City Council shall determine the total number of peak hour trips which will be generated by the development projects as allowed under the policies of the General Plan and the Downtown Specific Plan.

D. The City Council shall determine the rate of the traffic impact fee by dividing the costs of the programmed transportation system improvements by the number of peak hour trips which will be generated by the development projects as allowed under the General Plan and the Downtown Specific Plan.

E. Once every twelve (12) months, or more frequently if it deems it necessary, the City Council shall review the development assumptions, the peak hour trip generation, the transportation system improvements costs and the cost per trip and, if necessary, amend the resolutions adopted pursuant to this chapter to ensure that the traffic impact fee remains a fair and equitable method for the distribution of costs of constructing or providing the transportation improvements necessary to accommodate traffic volumes generated by development. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)

A. The traffic impact fee shall be calculated as follows:

TRAFFIC IMPACT FEE = SIZE OF DEVELOPMENT PROJECT × PEAK HOUR TRIP RATE × RATE OF FEE.

B. The amount of the fee shall be calculated at the time of payment of the fee. The calculation of the fee shall be based on the peak hour trip rate and rate of fee in effect at the time of the payment of the fee. The size of the development project shall be determined as follows:

C. The traffic impact fee for either (1) the reuse of an existing building, or (2) the replacement of an existing building by a new structure shall account for the prior use of the project site if the new use will commence within five (5) years of the termination of the prior use. The fee shall be based on the difference between the trip rate for the new use or building and that of the immediate prior use(s) of the building. This calculation shall apply only when the building permit for the new use is issued no later than five (5) years from the date of the last active use of the prior building.

D. Each developer may submit additional information that the City shall consider insofar as it is relevant to establishing the peak hour trip rate applicable to the development project. Following review of all pertinent studies and submittals, the City shall determine the appropriate peak hour trip rate to be used for each project.

E. The amount of the traffic impact fee determined in accordance with this section shall be considered by the City as mitigation of the project’s impact on the City-wide transportation system. The City may also require project site specific transportation system improvements in addition to the payment of the traffic impact fee. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)

A. The full amount of the traffic impact fee determined in accordance with Larkspur Municipal Code Section 18.15.060 shall be paid at the times set forth in this section.

B. The traffic impact fee may be paid at any time following the issuance of a Circulation Assessment Permit (CAP), Larkspur Municipal Code Chapter 18.14, but must be made prior to the issuance of an occupancy permit by the City.

C. No City official or agency may issue a certificate of occupancy for a development project until the traffic impact fee with respect to such development required by this chapter is paid in accordance with this section. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)

A. Refunds asked of the City may be made where: