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A. The traffic impact fee shall be calculated as follows:

TRAFFIC IMPACT FEE = SIZE OF DEVELOPMENT PROJECT × PEAK HOUR TRIP RATE × RATE OF FEE.

B. The amount of the fee shall be calculated at the time of payment of the fee. The calculation of the fee shall be based on the peak hour trip rate and rate of fee in effect at the time of the payment of the fee. The size of the development project shall be determined as follows:

1. If the fee is paid prior to construction of the development project, the size of the project shall be as given in the CAP Traffic Study, Larkspur Municipal Code Section 18.14.070, or in other permit applications if a CAP is not required.

2. If the fee is paid following construction of the project, the size of the project shall be the actual gross floor area or the number of residential units constructed.

C. The traffic impact fee for either (1) the reuse of an existing building, or (2) the replacement of an existing building by a new structure shall account for the prior use of the project site if the new use will commence within five (5) years of the termination of the prior use. The fee shall be based on the difference between the trip rate for the new use or building and that of the immediate prior use(s) of the building. This calculation shall apply only when the building permit for the new use is issued no later than five (5) years from the date of the last active use of the prior building.

D. Each developer may submit additional information that the City shall consider insofar as it is relevant to establishing the peak hour trip rate applicable to the development project. Following review of all pertinent studies and submittals, the City shall determine the appropriate peak hour trip rate to be used for each project.

E. The amount of the traffic impact fee determined in accordance with this section shall be considered by the City as mitigation of the project’s impact on the City-wide transportation system. The City may also require project site specific transportation system improvements in addition to the payment of the traffic impact fee. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)