Chapter 12.24
TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE
Sections:
12.24.010 Background.
12.24.020 Findings.
12.24.030 Terms and definitions.
12.24.040 Imposed.
12.24.050 Amount.
12.24.060 Exemptions.
12.24.070 Adjustments.
12.24.080 Credit or reimbursement for developer-constructed projects.
12.24.090 Standards.
12.24.010 Background.
A. The “Tri-Valley transportation council (TVTC)” consists of one representative of each of the following entities: county of Alameda, county of Contra Costa, city of Dublin, City of Livermore, city of Pleasanton, city of San Ramon and town of Danville.
B. The TVTC periodically evaluates the impacts of projected land uses on regional transportation infrastructure in the Tri-Valley area and establishes a cost nexus between land use projections and impacts to the regional transportation infrastructure. With the initial establishment of the TVTC, various technical studies, reports and implementation plans were prepared and adopted. These documents are periodically updated to support restructuring of the Tri-Valley Transportation Development Fee Program, as warranted by changes in regional land use and traffic conditions. The term “plans and studies” as utilized herein refers collectively to the most current version of these support documents, as adopted by the TVTC.
C. The plans and studies describe the impacts of contemplated future development on existing public facilities in the Tri-Valley Development Area, which includes parts of the incorporated and unincorporated portions of Alameda County and Contra Costa County and which includes the City of Livermore, and contain an analysis of the need for new public facilities and improvements required by future development within the Tri-Valley Development Area, including the City of Livermore.
D. The county of Alameda, county of Contra Costa, city of Dublin, City of Livermore, city of Pleasanton, city of San Ramon and town of Danville are parties to an agreement entitled “Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri-Valley Transportation Area,” and addendums to the agreement, which are on file in the office of the city clerk.
E. The plans and studies set forth the relationship between future development in the City of Livermore, the needed improvements and facilities, and the estimated costs of those improvements and facilities. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1889 § 1, 2009; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.020 Findings.
The City Council finds as follows:
A. The purpose of the Tri-Valley transportation development fee (“TVTD fee”) is to finance transportation improvement projects needed to reduce the traffic-related impacts caused by future development in the Tri-Valley Development Area, including the City of Livermore. The transportation improvement projects are all necessary to accommodate new development projected within the Tri-Valley Development Area, including development within the City of Livermore.
B. The fees collected pursuant to this chapter shall be used to finance the transportation improvement projects.
C. The City Council approves and adopts the plans and studies described in LMC 12.24.010 and incorporates them herein, and further finds that future development in the City of Livermore will generate the need for the transportation improvement projects and that the transportation improvement projects are consistent with the City’s general plan.
D. There is a reasonable relationship between the need for the transportation improvement projects and the impacts of the types of development for which the corresponding fee is charged in that new development in the City of Livermore, both residential and nonresidential, will generate traffic which generates or contributes to the need for the transportation improvement projects.
E. There is a reasonable relationship between the TVTD fee’s use (to pay for the construction of the transportation improvement projects) and the type of development for which the TVTD fee is charged in that all development in the City of Livermore, both residential and nonresidential, generates or contributes to the need for the transportation improvement projects.
F. The cost estimates set forth in the plans and studies are reasonable cost estimates for constructing the transportation improvement projects and the TVTD fees expected to be generated by future development will not exceed the projected costs of constructing the transportation improvement projects.
G. The method of allocation of the TVTD fee to a particular development bears a fair and reasonable relationship to each development’s burden on, and benefit from, the transportation improvement projects to be funded by the TVTD fee, in that the TVTD fee is calculated based on the number of vehicle trips each particular development will generate. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.030 Terms and definitions.
For the purposes of this chapter, the following terms shall have the meanings indicated in this section:
A. “Affordable and/or inclusionary housing units” means residential units within development projects that have executed with the City a low income housing agreement, regulatory agreement, or other agreement that outlines the conditions on sales prices and tenure of the affordable and/or inclusionary housing units.
B. “Gross floor area” means the sum of the area at each floor level, including, but not limited to, cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is to be considered as a part of the overall square footage of the building. All unroofed areas and unenclosed roofed-over spaces, except as defined above, are to be excluded from area calculations. The gross area of any parking garages within the building shall not be included within the gross area of the entire building.
C. “Industrial” means developments for the purpose of manufacture or fabrication of products, the processing of materials, the warehousing of merchandise for sale or distribution, research and development of industrial products and processes, and the wholesaling of merchandise.
D. “Joint exercise of powers agreement” means the “Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri-Valley Transportation Area” between the county of Alameda, county of Contra Costa, city of Dublin, City of Livermore, city of Pleasanton, city of San Ramon and town of Danville, which is on file in the office of the city clerk.
E. “Land use entitlement” means a permit or approval granted for a development project as that term is defined in Government Code Section 66000.
F. “Multifamily residential” means buildings or parts thereof designed and used exclusively as a dwelling unit among other dwelling units, either on the same parcel (e.g., apartments and mobile home parks) or under separate ownership (e.g., condominiums, townhomes, duplexes, or duets).
G. “Office” means developments for the purpose of housing noncommercial, nonmanufacturing businesses.
H. “Other uses” refers to land use categories not implicitly included within the land use categories of “single-family residential,” “multifamily residential,” “retail,” “office,” or “industrial,” and for which alternative rates can be found in the Institute of Transportation Engineers Trip Generation Manual or in a list of peak hour trip rates that the Tri-Valley transportation council has explicitly approved.
I. “Plans and studies” refers to all technical reports, analyses, studies, development or action plans, etc., prepared by or under the direction of the TVTC in support of TVTD fee program, current at the time of the fee evaluations.
J. “Retail” means developments for the purpose of the retail sale of merchandise and services.
K. “Single-family residential” means detached buildings designed for occupation as the residence of one family.
L. “Subsidized housing development” refers to housing facilities developed by public agencies, limited dividend housing corporations, or nonprofit corporations, and maintained exclusively for persons or families of very low, low or moderate income, as defined in Section 50093 of the Health and Safety Code.
M. “Transportation improvement projects” shall include the public improvements required to mitigate the regional traffic impacts of development within the Tri-Valley Development Area as described in the joint exercise of powers agreement.
N. “Tri-Valley Development Area” refers to the incorporated and unincorporated portions of Alameda County and Contra Costa County, described in the joint exercise of powers agreement.
O. “TVTC” means the Tri-Valley transportation council.
P. “TVTD fee” means the Tri-Valley transportation development fee. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1889 § 1, 2009; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.040 Imposed.
A. A TVTD fee shall be charged and paid for each land use entitlement granted for each single-family residential unit and each multifamily residential unit within the City of Livermore by the date that the building permit is issued for any such residential building or structure, or as otherwise permitted by state law.
B. A TVTD fee shall be charged and paid for each land use entitlement granted for industrial, office, retail and other uses within the City of Livermore by the date that the building permit is issued for any building or structure which fits within the definition of industrial, office, retail or other uses, or as otherwise permitted by state law. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1889 § 1, 2009; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.050 Amount.
The amount of the TVTD fee shall be as set forth by resolution of the City Council.
The applicant for a land use entitlement may appeal the calculation of any TVTD fee, which is based on average peak hour trips, to the City Council. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.060 Exemptions.
The TVTD fee shall not be imposed on any of the following:
A. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single-family residential unit or another unit is added to an existing multifamily residential unit;
B. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished; provided, that the building permit for reconstruction is obtained within one year after the building was destroyed or demolished unless the replacement or reconstruction increases the square footage of the structure 50 percent or more;
C. Any replacement or reconstruction of an existing nonresidential structure that has been destroyed or demolished; provided, that the building permit for new reconstruction is obtained within one year after the building was destroyed or demolished and the reconstructed building would not increase the destroyed or demolished building’s average peak hour trips;
D. Public schools;
E. Affordable and/or inclusionary housing developments;
F. Governmental buildings owned by any public entity unless a development agreement provides for payment of the TVTD fee for a governmental building;
G. Development projects which are subject to a development agreement, except that the fee shall be applicable to any “significant” changes to any development agreement adopted after January 1, 1998. As used herein, “significant” means any of the following:
1. Change in land use type (e.g., office to retail);
2. Intensification of land use types (e.g., increases in square footage of approved office);
3. Extension of term of development agreements; and
4. Reduction or removal of project mitigation requirements or conditions of approval. (Ord. 2012 § 1 (Exh. A), 2014; Ord. 1889 § 1, 2009; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.070 Adjustments.
A. The TVTD fee shall be adjusted automatically on an annual basis to reflect changes in regional construction costs. The amount of the adjustment is based on the changes in the “Construction Cost Index” for the San Francisco Bay Area, as reported annually in the Engineering News Record.
B. In addition to the automatic adjustment of subsection A of this section, the City Council may adjust the TVTD fee to reflect revisions in the transportation improvement projects, increases in land values over the inflationary increase or other factors. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.080 Credit or reimbursement for developer-constructed projects.
A developer may be entitled to credit against the TVTD fee or to reimbursement from TVTD fees if the developer constructs all or a portion of one of the transportation improvement projects. Credit or reimbursement shall be provided in the manner set forth in the joint exercise of powers agreement; provided, that the City Manager has approved the construction by the developer of all or a portion of the transportation improvement project. (Ord. 2065 § 1(A), 2018; Ord. 2012 § 1 (Exh. A), 2014; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)
12.24.090 Standards.
The standards upon which the needs for the transportation improvement projects are based on the standards of the parties to the joint exercise of powers agreement, the State Department of Transportation (Caltrans) and the Bay Area Rapid Transit District. (Ord. 2012 § 1 (Exh. A), 2014; Ord. 1852 § 1, 2008; Ord. 1530 § 1, 1998)