13.24.080 Computation of the amount of transportation impact fee.
A. At the option of the fee payer, the amount of the transportation impact fee may be determined from the fee schedule established pursuant to Section 13.24.070.
1. If a building permit is requested for mixed uses, then the fee shall be determined by using the applicable schedule by apportioning the space committed to uses specified on the applicable schedule.
2. For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between that fee then applicable and any amount already paid pursuant to this chapter.
3. If the type of development activity that a building permit is applied for is not specified on the applicable fee schedule, the engineer shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The engineer shall be guided in the selection of a comparable type by the report titled "Trip Generation" (latest edition) prepared by Institute of Transportation Engineers. If the engineer determines that there is no comparable type of land use on the applicable fee schedule, then the engineer shall determine the fee by:
a. Using traffic generation statistics contained in a report titled "Trip Generation" (latest edition) prepared by Institute of Transportation Engineers; and
b. Applying the formula set forth in Section 13.24.070(B).
4. In the case of change of use, redevelopment or expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be based upon the net increase in the number of trips compared to the previous use. The engineer shall be guided in this determination by traffic generation statistics contained in a report titled "Trip Generation" (latest edition) prepared by Institute of Transportation Engineers.
B. If a fee payer elects not to have the impact fee determined according to subsection A of this section, then the fee payer shall prepare and submit to the engineer an independent fee calculation study for the land development activity for which a building permit or permit for mobile home installation is sought. The independent fee calculation study shall follow professionally accepted methodologies and formats for a study of this type. The traffic engineering and/or economic documentation submitted shall show the basis upon which the independent fee calculation was made, including, but not limited to, the following:
1. Traffic Engineering Studies.
a. Documentation of trip generation rates appropriate for the proposed land development activity.
b. Documentation of any other trip data appropriate for the proposed land development activity.
2. Economic Documentation Studies.
a. The engineer shall consider the documentation submitted by the fee payer but is not required to accept documentation that is deemed to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable in-dependent fee calculation study is not presented, the fee payer shall pay transportation impact fees based upon the schedules referenced in subsection A of this section. Determinations made by the engineer pursuant to this paragraph may be appealed to the city council by filing a written request with the city clerk within ten days of the engineer’s determination.
C. Upon acceptance of an independent fee calculation study, the engineer shall determine the impact fee pursuant to the formula cost per trip established by resolution of the city council. (Ord. 469 §1, 2002).