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Home My WebLink About94-03t ORDINANCE NO. 94-03 AN ORDINANCE OF THE TOWN OF DANVILLE AMENDING ARTICLE VII (TRANSPORTATION IMPROVEMENT PROGRAM FEE) OF THE DANVILLE MUNICIPAL CODE RELATING TO THE IMPOSITION OF FEES ON NEW DEVELOPMENT TO FUND TRAFFIC AND TRANSPORTATION IMPROVEMENTS THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION ONE. Amending Article VII of The Danville Municipal Code. Article VII of the Danville Municipal Code is hereby amended to read as follows: ARTICLE VII TRANSPORTATION IMPROVEMENT PROGRAM FEE Division 1. NON-RESIDENTIAL CONSTRUCTION 32-48 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON- RESIDENTIAL CONSTRUCTION 32-48.1 INTENT AND PURPOSE: The Town Council declares that: a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968", the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.) b. New non-residential development within the Town will create an additional burden on the existing circulation systems. c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modification within the Town are needed to mitigate existing and potential future circulation impacts. d0 All development for the erection, construction or alteration of non- residential buildings within the Town of Danville must be consistent with the General Plan. In addition, the approval of such development must assure that the General Plan and implementation of the goals and objectives relating to circulation and parking are, or will be, implemented. e. In order to implement the General Plan and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee in lieu of the installation of the improvements necessary for implementation of the Circulation Element of the General Plan, including new streets, traffic signals, traffic signal interconnects and parking facilities. f. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council. g. This section is adopted under the police power of the Town, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code §65000 et seq. 32-48.2 FEE REQUIREMENT: A person who applies for a permit for the erection, construction or alteration of a non-residential building shall pay to the Town a transportation improvement program fee for circulation and parking improvements in an amount specified in Chapter XXX, Section 30.1.2c of the Danville Municipal Code. 32-48.3 TIME OF PAYMENT: The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. 32-48.4 CREDIT: The Town Council may approve full or partial credit against the transportation improvement program fee for a person: a. Who dedicates land or makes substantial off-site, traffic or parking-related improvements in the Town in connection with a current development project. To qualify for credit under this subsection, the dedication or improvement must exceed that required for similar development projects; b. Who dedicates land or makes traffic or parking improvements which contribute in a substantial way to the Town's circulation system. 32-48.5 EXEMPTIONS: a. The fee imposed by this section does not apply to a permit for the erection construction or alteration of a building for the following public and quasi-public uses: ~ 1. Day care center; 2. Hospital, charitable or philanthropic institution or convalescent home; 3. Church, religious institution, and parochial or private school including a nursery school; 4. Community building, club or activity of a public or quasi-public character; 5. Publicly owned buildings and structures. b. The Town Manager may grant an exemption to the transportation improvement program fee for a person doing interior or exterior remodeling, rehabilitation or renovations which do not create a change in use or building size. In this subsection, "change in use" means a change to a more intense use involving greater parking and traffic impacts than the existing use. 32-48.6 APPEAL: A decision by the Town Manager regarding a transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. DWISION 2. RESIDENTIAL CONSTRUCTION 32-49 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE. 32-49ol INTENT AND PURPOSE: The Town Council declares that: a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968", the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.) b. New residential development within the entire Town will create an additional burden on the existing circulation systems~ c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications are needed to mitigate existing and potential future circulation impacts. d. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee to compensate for the additional burden it places on existing circulation systems. e. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council. f. This section is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Sections 65000 et seq. 32-49.2 FEE REQUIREMENT: A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, Section 30-12c of the Danville Municipal Code. 32-49.3 TIME OF PAYMENT: The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. 32-49.4 CREDIT: The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who: a. Has made substantial off site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or b. Makes substantial off-site, traffic or parking related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects. 32-49.5 APPEAL: A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. SECTION TWO. SEVERABILITY: The Town Council hereby declares that every section, paragraph, clause and phrase are severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION THREE. CODIFICATION: Section One shall be codified in the Danville Municipal Code. Sections Town and Three shall NOT by codified in the Danville Municipal Code. The foregoing Ordinance was first read and introduced on December 7, 1993 and approved and adopted by the Danville Town Council at a Regular Meeting on January 18, 1994 by the following vote: AYES: RITCHEY, GREENBERG, DOYLE, SHIMANSKY, WALDO NOES: NONE ABSTAINED: NONE ABSENT: NONE APPROVED AS TO FORM: ATTEST: CITY/ATTORNEY CITY CLERK gbwszl