27.13.050 FEE REQUIREMENT.
(a) General. The amount of the proposed fee shall be established by resolution of the City Council and shall be based upon the following considerations:
(1) Development will pay only for improvements where there is a reasonable relationship between the road improvements and the traffic generated by the new development.
(2) Each type of development shall contribute to the needed improvements in proportion to the use of improvements by that type of development.
(b) Types of Development Subject to the Fee. The fee shall be applicable to new development projects which require a planning application pursuant to Section 27.08.010, expansion of floor area of existing uses which require a planning application pursuant to Section 27.08.010, new single family and duplex dwelling units, and changes of use requiring a special use permit as follows:
(1) Residential construction. Fees shall be charged for each new dwelling unit. No fee is applicable for remodeling or for an addition to an existing unit not resulting in a new unit.
(2) Non-residential construction. Fees shall be charged on a per square foot basis for all new gross floor area, including additions where floor area is increased. No fee is applicable for remodeling or restoration only, where the floor area is improved or replaced but not increased. Gross floor area is determined in accordance with Section 27.04.200 of this code, except for Subsection 27.04.200(b)(1), which shall not apply. Floor area measurement shall be to the exterior facade of building wall planes or from center line of party walls. Parking area and exterior walkways are not included in the fee calculation.
(3) Changes of use requiring a special use permit. Fees shall be charged upon the incremental difference between the fee calculated for the floor area of a prior legal use and the fee calculated for the floor area of the proposed new use.
(c) Land Use Categories Subject to the Fee. All land use categories which generate traffic are subject to the fee. Specific land use categories are defined in Section 27.13.040.
(d) Improvements Funded. The fee shall be based on the percentage of the cost of the new improvements attributable to new development as determined in the Transportation Impact Fee Technical Report, dated June 1990 prepared by Economic and Planning Systems Inc. (EPS), and future additions and amendments to said report, all of which are incorporated in this chapter by this reference.
(e) Formula. The amount of the fee shall be determined by the following formula:
Fee = Average Peak Hour Trips per Land Use Unit x Average Cost per Trip x Number of Land Use Units in Subject Application
Land Use Unit means dwelling units for residential uses, or square foot for non-residential uses.
Average Trips per Land Use Unit is the number of evening peak hour trips per Land Use unit for each category of land use as determined by the Transportation Improvement Fee Technical Report.
Average Cost per Trip is the estimated transportation improvement costs attributable to new development within the City divided by the number of new evening peak hour trips associated with new development as determined in the Transportation Improvement Fee Technical Report or subsequent amendments to the Technical Report.
Number of Land Use Units is the total number of residential dwellings or non-residential square feet involved in the project subject to the fee.
(f) The zoning administrator shall have authority to render final determinations regarding the appropriate classification of land use and the correct calculation of gross building floor area for a particular development project.