Ordinance 3387-14 - Laserfiche WebLink

mitigation fee. If it is determined that an update is appropriate the initial traffic mitigation fee shall be revised and the base year for calculating inflation shall be the year of that fee's implementation. Section 11: Requirements for transportation improvements when traffic analysis is not required 11.1 If a traffic analysis is not required under section 4 of this chapter, but the proposed project would generate 10 or more vehicle trips per day, the applicant shall mitigate the project's transportation impacts as follows. 11.2 The applicant shall implement, or pay the City the cost of implementing, local transportation improvements as required by the City code and the City Traffic Engineer to meet street standards, safety requirements, or other localized impacts on or in close proximity to the project site that have been identified in the project review process. 11.3 The applicant shall pay a fee for transportation system improvements as defined in Section 10.4 for each PM peak hour trip that the project will produce, as determined in the latest edition of the ITE Trip Generation Manual or as otherwise approved by the City Traffic Engineer. Any agreement to pay in accordance with the provisions of this section shall be in a form provided in section 13 of this chapter. 11.4 For projects within the core area (see Section 18 of this chapter), the fee shall be calculated by using seventy-five (75) percent of projected trip generation using the ITE Trip Generation Manual, or as otherwise approved by the City Traffic Engineer based on reasonable trip generation assumptions and transportation demand management (TDM) plans as detailed in an approved traffic study. 11.5 If an applicant disputes the fee described in this section, the applicant has the option of preparing a traffic analysis at its expense, as described in this ordinance and as approved by the City Traffic Engineer, to demonstrate a lesser impact and to mitigate the transportation impacts in accordance with section 9 of this chapter. Section 12: Credit for improvements and non-duplication of mitigation 12.1 When determining the mitigation costs attributable to the proposed project, the City Traffic Engineer shall take into consideration and give fair credit for transportation improvements, including dedication land, that: (1) address some or all of a proposed project's impacts; and/or (2) have previously been imposed and fulfilled as a condition of a prior land use approval related to the proposed project. The City Traffic Engineer shall also take into consideration and give fair credit for the contributions made by the subject property owner or his/her predecessor(s) in interest under any transportation funding device, such as a Local Improvement District (LID), Transportation Benefit District (TBD), development agreement, or similar mechanism. Any claim for credit made later than the time of application for a building permit shall be deemed to be waived. -10-