CITY COUNCIL REGULAR MEETING AGENDA PACKET

of this chapter. b. The peak hour trips generated by potential new development within each land use category as determined pursuant to subsection (A)(2)(a) of this section shall be added together to determine the total additional peak hour trips created by new development which the city's transportation system must accommodate upon build- out under the general plan. B. Annual Adjustment of the Rate. The transportation development fee rate shall be subject to an annual inflation adjustment on January 1st of each year based upon the Engineering News Record Construction Cost Index for the San Francisco—Bay Area. (Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) § 3.26.050. Amount of fee. A. The amount of the transportation development fee shall be determined by the building division or planning division prior to issuance of the building permit or other entitlement or approval for development if a building permit is not required, based on the land use categories identified in section 3.26.020, multiplied by based upon the gross square footage or number of residential units as specified in the master fee schedule based upon the type and number of residential units, or upon the amount of gross square footage for commercial, office/retail, and industrial/warehouse development, and the corresponding rate set forth in the master fee schedule (on file in the office of the city clerk). .If the development does not fit within the land use categories identified in 3.26.020 or the land use has a trip rate that is significantly different than any of the land use categories, the “other” land use category shall be used. The fee shall be calculated by multiplying the number of PM trips generated by the development by the trip rate established in 3.26.040(A) 1. If a developer is not satisfied with the calculation of the fee by the building division or planning division, he or she may request that the traffic engineer review the peak hour trips generated and/or community development director review the gross square footage and land use category to determine the fee in accordance with this chapter. The traffic engineer and/or community development director shall calculate the fee within 30 days of the submission of a written request for review, and receipt of all materials necessary to determine the amount of the fee. 2. Because the fee for commercial uses has been established based upon an average for several types of commercial uses, the developer may only petition for a review of the commercial transportation development fee to be charged to its development based upon a peak hour trip rate which is substantially different from that established by the city's traffic engineer pursuant to Section 3.26.020 of this chapter. Such application shall include a traffic study contracted for by the city, and paid for by the developer, or such other reports and analyses in lieu thereof as the city traffic engineer determines are sufficient to establish the peak hour trip rate applicable to the development. The developer may also submit additional information which the city traffic engineer shall consider insofar as he or she determines it to be relevant in establishing the peak hour trip rate applicable to the development, including, but not limited to, information contained in the trip generation manual adopted by the Institute of Transportation Engineers. The city traffic engineer, based upon his or her review and consideration of the information provided in the foregoing studies, reports, or analyses, and such other information as he or she may deem relevant, may approve a peak hour trip rate for the Page 185 of 893