Chapter 17.15 PROPERTY DEVELOPMENTS*

For the purposes of this chapter, certain words and phrases shall be construed as set forth in the following subsections, unless it is apparent from the context that a different meaning is intended.

(a) “A” definitions:

(1) Assigned sewer capacity (Assigned capacity). “Assigned sewer capacity” means the daily average volume of wastewater in gallons per day (GPD) that may be discharged by a nonresidential user based on the square footage of structures located on the parcel and the specific use of the parcel.

(2) Additional purchased capacity. “Additional purchased capacity” means an amount of sewer capacity in gallons per day added to the assigned sewer capacity for a parcel.

(3) Additional purchased capacity fee. “Additional purchased capacity fee” means the additional purchased capacity multiplied by the sanitary sewer connection charge.

(b) “B” definitions:

(1) Bond. “Bond” means any form of security, including a cash deposit, surety bond or an instrument of credit, in an amount and form satisfactory to the City.

(1) Capacity rental fee. “Capacity rental fee” means a monthly fee equal to the excess use multiplied by the sanitary sewer connection charge multiplied by 0.0025 (which is an annual interest rate of three percent times one-twelfth (1/12th) for the monthly excess use fee).

(2) Contingent charge. “Contingent charge” means evidence of the future liability of any property to bear its share of the cost for utilities and public service facilities before acquiring any right to utilize such facilities.

(3) Corner lot reduction. “Corner lot reduction” means a reduction in front footage given to a parcel of land fronting on the intersection of two streets for which frontage fees are levied; this reduction shall be one-half of the total street frontage, not to exceed one hundred (100) feet.

(d) “D” definitions:

(1) Developed land. “Developed land” means land on which is constructed all frontage improvements and on-site facilities and for which all on-site and off-site facilities were previously paid.

(2) Developer. “Developer” means any person who causes land to be divided into two or more parcels for himself or others, or is engaged in the development of property, in whole or in part, by the placing of any improvements thereon, whether the property was previously developed in whole, in part, or at all.

(3) Development site. “Development site” means the entire area considered for development, including public streets and rights-of-way within or on the perimeter of the development.

(e) “E” definitions:

(1) Excess use fee. “Excess use fee” means the sum of the incremental purchased capacity fee and the capacity rental fee.

(2) Excess use. “Excess use” means the daily average wastewater discharge volume for a nonresidential sewer user, or multiple users, on a parcel that exceeds the assigned capacity and any and all additional purchased capacity for that parcel in any given billing period.

(f) Reserved for future use.

(g) Reserved for future use.

(h) Reserved for future use.

(i) “I” definitions:

(1) Incremental purchased capacity. “Incremental purchased capacity” means one-one hundred twentieth (1/120th) of the excess use for the month.

(2) Incremental purchased capacity fee. “Incremental purchased capacity fee” means incremental purchased capacity multiplied by the sanitary sewer connection charge.

(3) Institution. “Institution” means a governmental or nonprofit organization of a public character performing functions of schools or churches to the extent that such are not engaged in residential, commercial, or industrial activities.

(4) Intervening property. “Intervening property” means property located between the existing City utilities and public service facilities and the property under development.

(j) Reserved for future use.

(k) Reserved for future use.

(l) “L” definitions:

(1) Labor cost. “Labor cost” means the cost for labor performed by the City, and shall include direct (wages and equipment) and indirect (overhead) costs.

(m) “M” definitions:

(1) Material cost. “Material cost” means the cost for material furnished by the City, and shall include direct material cost plus overhead.

(2) Milling area. “Milling area” means an area where people tend to congregate upon entering or leaving the premises.

(n) “N” definitions:

(1) Net acre. “Net acre,” as used herein for the calculation of fees and charges, means that area of the development site which remains after the dedication of land for street, flood control, and other public purposes.

(o) “O” definitions:

(1) Off-site facility. “Off-site facility” means any facility installed outside of a development site and an on-site facility.

(2) On-site facility. “On-site facility” means any facility installed in, over, under, or upon the public streets or rights-of-way within or on the perimeter of development site.

(3) Oversize facility. “Oversize facility” means a facility with added capacity designed to serve off-site properties.

(p) Reserved for future use.

(q) Reserved for future use.

(r) Reserved for future use.

(s) “S” definitions:

(1) Sewer lateral. “Sewer lateral” (same as “Sewer service lateral”) means the sewer connection piping used to convey sewage from a building or facility on a parcel (private or public property) to the City-owned sewer main. Each sewer lateral is owned by the entity that owns the property or facility from which that sewer lateral serves to convey sewage.

(2) Sewer main. “Sewer main” means City-owned pipes that are part of the City’s sewer collection system, located in the City right-of-way or easement used to convey sewage to the sewage treatment plant.

(t) Reserved for future use.

(u) Reserved for future use.

(v) Reserved for future use.

(w) Reserved for future use.

(x) Reserved for future use.

(y) Reserved for future use.

(z) “Z” Definitions.

(1) Zoning Ordinance. “Zoning Ordinance” means “the Zoning Ordinance of the City of Santa Clara,” or successor ordinance as it is amended from time to time. (Ord. 1778 § 2, 12-3-02; Ord. 1802 § 1, 2006; Ord. 1881 § 1, 5-10-11).

17.15.020 Tables.

Pursuant to SCCC 17.15.300, Amendments to chapter and change of policies, the tables referred to herein will be as established and amended from time to time by resolution of the City Council. Said resolution(s) pertaining to the respective tables shall be maintained and made available for public inspection in the office of the City Clerk. For convenience of reference, copies of the respective tables appear at the end of this chapter. After adoption of said resolution(s), and amendments thereto, said tables are deemed incorporated by reference into this chapter. (Ord. 1581 § 1, 3-1-88. Formerly § 21A-1.17).

17.15.030 Authority.

This chapter is enacted in pursuance of Section 7 of Article XI of the Constitution of the State, and Section 400 of Article IV of the Charter of the City, approved by the State Legislature on April 25, 1951, as Chapter 83, Statutes of 1951, page 4401. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-2).

17.15.040 Purpose of chapter.

The purpose of this chapter is to officially define certain policies, requirements, and procedures for the development of property in the City, in order to:

(a) Establish minimum standards for the improvement of streets and easements of the City as a condition precedent to acceptance of dedications thereof.

(b) Cause the installation of utilities and public service facilities necessary to properly serve the property developed.

(d) Provide for the collection of charges for the use of certain facilities from property owners benefited by such installations.

(e) Spread the cost of required public improvements upon the property benefited in the manner contemplated by law.

(f) Prevent the dissipation or improper use of City’s general operating and maintenance funds in providing these improvements or in maintaining faulty installations.

(g) Protect the living standards, public safety, and common welfare of the general public.

(h) To facilitate the implementation of the intent expressed in the City’s comprehensive zoning plan in the Zoning Ordinance to minimize congestion on the public streets and highways.

(i) To effectuate the intent of the City in adopting official plan lines as they are established and as they are modified from time to time pursuant to the Zoning Ordinance.

(j) To facilitate and insure for the public benefit the acquisition of minimum street widths as they are established and as they are modified from time to time pursuant to this chapter.

(k) To require the dedication and installation of improvements necessary to accomplish the purpose of the comprehensive zoning plan entitled “the Zoning Ordinance of the City of Santa Clara” and to accomplish the purposes hereinabove set forth, in accordance with the law.

(l) To facilitate the promotion of efficient urban design arrangement and secure economy in governmental expenditures provided in “the Zoning Ordinance of the City of Santa Clara.” (Ord. 1312 § 1, 5-6-75. Formerly § 21A-3).

17.15.050 Agreements and design standards.

In consideration for the acceptance by the City of required utilities and public service facilities, for providing the necessary connecting system, general plant and appurtenances and for contributing labor and material, as provided for in this chapter or any resolution passed and adopted pursuant thereto, developers shall be required to enter into an agreement covering the cost, type, quality, standard, and character of installing same in accordance with the provisions set forth in this chapter. For the purpose of design, the estimated useful life of the prescribed utilities and public service facilities shall be at least as set forth in Table I. (Ord. 1312 § 1, 5-6-75; Ord. 1386 § 1, 8-28-79; Ord. 1581 § 2, 3-1-88. Formerly § 21A-4).

17.15.060 Acceptance date.

All utilities and public service facilities which may be the subject of the agreement specified in SCCC 17.15.040 will be accepted for maintenance and operation by the City not later than thirty (30) days after certification of completion by the City Manager, providing that all conditions of such agreements are fulfilled. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one year from date of acceptance by the City shall be the responsibility of the developer. A bond in the amount of five thousand dollars ($5,000.00) or ten percent of the cost of the improvement, whichever is less, shall be deposited with the City for the purpose of guaranteeing that such repairs and corrections will be made upon notification to the developer of such deficiencies. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-5).

17.15.070 Engineering fees.

Developers of all properties shall be required to pay a minimum engineering fee, which includes all charges except overtime, for engineering and inspection services rendered by the City. The engineering fee shall be computed at the rate of four and one-half percent of the total cost of all public works facilities and improvements, except water and electrical utilities installed by the developer, or the amount provided for in subsection (i) in Table II, whichever is greater. In addition, the developer shall pay all payroll costs for engineering and inspection services requested by the developer outside of the regular City work hours. Such fees shall be due and payable upon demand of the City. (Ord. 1312 § 1, 5-6-75; Ord. 1386 § 1, 8-28-79; Ord. 1581 § 3, 3-1-88. Formerly § 21A-6).

17.15.080 Public works extension costs.

Developers shall be required to furnish bonds to secure the installation of and/or pay for extending the prescribed utilities and public works improvements and facilities according to Table II. The bonds and/or payment required herein shall be furnished to the City at such time as the parcel map or tract map is accepted or at such other time as determined by the City Council by resolution. (Ord. 1312 § 1, 5-6-75; Ord. 1386 § 1, 8-28-79; Ord. 1581 § 4, 3-1-88. Formerly § 21A-7).

17.15.090 Special conditions.

Whenever extraordinary conditions or circumstances are encountered in the development of property which are not provided for by the terms of this chapter, the cost proration of the same, if any, shall be stipulated and included with other commitments in the development agreement entered into between the City and the developer. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-8).

17.15.100 Off-set credits.

Wherever it can be shown by developer that any land has previously borne or contributed to the cost of any existing facilities required by this chapter, a credit will be allowed by the City as an off-set to the charges made therefor. Developed lands and individual parcels which at one time had been developed shall be considered developed for off-set credit purposes, and shall be given credit in accordance with the land use of the particular land at the time of its original development against the charge established pursuant hereto for the present proposed use. When conformance with the requirements of this chapter requires the removal and reconstruction of existing curb or sidewalk, the developer shall receive credit for these existing improvements at the rate of charges for existing improvements listed in SCCC 17.15.260. This credit shall be paid to developer upon completion and acceptance of the improvements required. (Ord. 1312 § 1, 5-6-75; Ord. 1372 § 1, 2-7-78. Formerly § 21A-9).

17.15.110 On-site dedications, easements, and rights-of-way.

(a) The developer shall grant to the City, without cost, all easements and/or rights-of-way (excluding easements and rights-of-way for street purposes that are provided for in subsection (b) of this section) necessary (1) for serving the property of the developer and (2) for the installation of utilities, flood-control improvements, and public service facilities.

(b) The developer shall also grant to the City, without cost, all easements and/or rights-of-way for street purposes necessary for serving the property of the developer and to install required street improvements in accordance with actions listed in Table III.

(c) Off-set credits shall be allowed the developer for existing street improvements previously paid to the City in accordance with the provisions of SCCC 17.15.100 and 17.15.260. (Ord. 1312 § 1, 5-6-75; Ord. 1372 § 1, 2-7-78; Ord. 1408 § 1, 9-30-80; Ord. 1486 § 1, 12-6-83; Ord. 1581 § 5, 3-1-88. Formerly § 21A-10).

17.15.120 Off-site easements and rights-of-way.

Where purchase of an easement or right-of-way is necessary to extend City facilities to the developer’s property, the developer shall advance all of the cost of its acquisition; provided, however, City may advance one-half of the cost of acquiring the easement or right-of-way if City deems the acquisition of same is sufficiently beneficial to the permanent City system. The costs advanced by the developer shall be reimbursable in accordance with SCCC 17.15.240 and 17.15.250, unless otherwise provided for in the property development agreement. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-11).

17.15.130 Street improvements.

(a) Except for frontage roads, which shall have a minimum width of thirty-six (36) feet between curb faces, the minimum street width between curb faces shall be forty (40) feet for residential areas, sixty-four (64) feet for commercial areas and forty-eight (48) feet for industrial areas. Where the City street system plan calls for a wider roadway, the City shall bear the cost of paving any extra width required.

All streets shall be equipped with paving, curbing, sidewalks, lighting fixtures, street name signs, and street trees, as required in Table II, and standard street barricades, with exceptions as indicated in this chapter. Such facilities shall be installed in accordance with specifications and standards of design of the City specifications, as are most recently adopted from time to time by resolution of the City Council. Three copies of such specifications are to be kept on file for use and examination by the public in the office of the City Clerk.

(b) The developer shall clean and maintain all streets, alleys, roads, courts, sewers, and drains free from construction debris and dirt prior to acceptance by the City and at such other times during construction as the Director of Public Works or City Engineer deems necessary to prevent creating a public nuisance. In event developer fails to clean and maintain said improvements within forty-eight (48) hours after notification by the Director of Public Works or City Engineer, the City may proceed to have the improvements cleaned and maintained and the developer shall pay all costs incurred by City prior to acceptance of improvements.

(c) The developer is required to furnish street trees in residential areas. The cost for each street tree is set forth in subsection (g) of Table II. This obligation is met by the developer paying to the City for each street tree required and planted by the City in residential areas, unless otherwise provided for in the property development agreement. A minimum of one tree shall be required for each fifty (50) feet of frontage.

(d) The developer shall provide traffic control improvements such as additional lanes, traffic islands and medians, traffic signals (new, modified or relocated), and intersectional safety lighting necessitated by a proposed development. The cost for such traffic control improvements shall include, but is not limited to, plans, specifications, equipment, material, labor and City inspection costs. (Ord. 1312 § 1, 5-6-75; Ord. 1372 § 2, 2-7-78; Ord. 1456 § 1A, 8-31-82; Ord. 1480 § 1, 9-27-83; Ord. 1542 § 1, 5-27-86; Ord. 1581 § 6, 3-1-88; Ord. 1773 § 2, 8-20-02. Formerly § 21A-12).

17.15.140 Perimeter streets.

The developer shall dedicate and improve, at his/her expense, all perimeter streets to at least one-half width. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-13).

17.15.150 Frontage roads.

Frontage roads shall be dedicated and improved by the developer, at his/her expense, to the full width. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-14).

17.15.160 County roads and State highways.

The developer shall install all street improvements on any abutting County roads and State highways in like manner and on the same basis as major City streets; provided, that in the case of non-access roads and highways, the developer shall provide curb, gutter and sidewalk where required by the City. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-15).

17.15.170 Fencing.

Each developer shall be required to furnish and install all fences along lot lines of houses, with any development site, backing up to an existing or future:

(a) Major City street, expressway, parkway, thoroughfare, or railroad right-of-way.

(b) Commercial area, or development site entrance way.

(d) Hazard creating a public nuisance. Such fences shall be constructed according to standards established by the City, and shall be privately maintained. (Ord. 1312 § 1, 5-6-75; Ord. 1372 § 1, 2-7-78. Formerly § 21A-16).

17.15.180 Bridges.

Bridges of primary benefit to the developer, as determined by the City Council, shall be constructed at the full expense of the developer without reimbursement from the City. The sharing of expense between the City and the developer for the construction of bridges which are not of primary benefit to the developer, as determined by the City Council, shall be by special agreement between the City and the developer. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-17).

17.15.190 Deferred construction.

Whenever it is deemed necessary by the City to defer the construction of any improvement required by this chapter because of incompatible grades, future planning, or for other reasons, the developer shall satisfy his/her responsibility therefor by one of the following methods as selected by City:

(a) Pay to City his/her share of all costs of improvements involved. Said costs shall be nonrefundable.

(b) Execute a covenant running with land and lien to guarantee payment for completing improvements (deferred by covenant) at the time City requires the installation of said facilities. (Ord. 1312 § 1, 5-6-75; Ord. 1372 § 1, 2-7-78. Formerly § 21A-18).

17.15.200 Temporary improvements.

The developer shall pay all costs for all temporary improvements and shall maintain the same, except as may be provided under SCCC 17.15.090. Prior to the construction of any temporary facility, the developer shall file with the City a suitable bond, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-19).

17.15.210 Municipal utilities.

(a) On-site water facilities shall be furnished and installed by the City, and the developer shall pay to the City the charges established in SCCC 17.15.260, 17.15.280 and 17.15.290 which charges are generally based upon the on-site costs of supplies and material.

(b) The fees for installation of electric facilities in the respective development categories (i.e., residential, commercial, industrial, mobile home park, etc.) shall be as provided for in Table II.

On-site electric facilities including power distribution, signal, and communications systems in all developments shall be furnished and installed as detailed in subsection (b)(1) and (2) of this section, except as otherwise provided for in appropriate City Council-approved rate schedules which the applicant for electric service may wish to choose:

(1) Overhead Facilities. All overhead facilities, including services and meters, shall be furnished and installed by the City.

(2) Underground Facilities.

(A) Developer. The developer shall provide the City, in accordance with then current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communications systems, as required by the City in the development of frontage and on-site property. Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at his/her cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City.

(B) City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaires, transformers, meters, and other equipment that it deems necessary for the betterment of the system.

(c) The City will construct the necessary off-site facilities to deliver electric power and water facilities to the development site unless special conditions exist, in which case, they will be provided on a cost proration basis stipulated in the development agreement as provided for in SCCC 17.15.090 and/or on a deferred credit basis as provided for in SCCC 17.15.250.

(d) Street lighting poles and luminaires (“street lights”) served from overhead and underground electric power facilities shall be furnished and installed in accordance with subsection (b) of this section. For street lights served from overhead systems, new or existing, developer shall pay the City as provided for in subsection (h) of Table II.

For new street lights to be served by means of an underground system, where the development totals ten acres or under, developer shall pay the amount provided for in subsection (h) of Table II per front foot of street frontage; where the development is in excess of ten net acres, developer shall pay the amount provided for in subsection (h) of Table II per net acre. For existing street lights served underground, developer shall pay the amount provided for in subsection (h) of Table II per front foot of street frontage.

(e) The character of electric and water service to all classes of property shall conform to the requirements of the rules and regulations for electric and water service, respectively, except as modified from time to time by resolution of the City Council. Three copies of such rules and regulations for electric and water service are on file for use and examination by the public in the office of the City Clerk and are hereby adopted and made a part of this chapter, the same as if fully set forth in this chapter. They are subject to modification from time to time by resolution of the City Council.

(f) The developer shall pay to the City the charges shown in Table II-A. (See also Table II, item (h), which is generally based upon the on-site costs of supplies and materials furnished and installed by the City). (Ord. 1542 §§ 2, 3, 5-27-86; Ord. 1581 § 7, 3-1-88. Formerly § 21A-20).

17.15.220 Sanitary sewer and storm drains.

(a) On-Site Sanitary and Storm Drains. On-site sanitary sewers and storm drains shall be installed by the developer and shall in no event be less than the minimum sizes shown in Table II, unless a lesser size is authorized as hereinafter provided. Whenever engineering studies and investigations of the City indicate that the minimum sizes shown in Table II are larger than required to serve the development and area, the Director of Public Works/City Engineer shall have the power to waive such minimum sizes and approve sizes compatible with aforementioned engineering studies and investigations.

The developer shall, at his/her sole expense, install all public facilities including any oversizing as required by the City. The developer shall be reimbursed by the City in accordance with unit prices established from time to time by resolution of the City Council, which reimbursement shall be set forth in the development agreement, if any, entered into between the developer and the City. There shall be no reimbursement for laterals.

(b) Storm Drainage Outlet Charge. The developer shall pay the City a storm drainage outlet charge. The revenue from the drainage fee shall be used for the purpose of defraying the estimated costs of constructing planned drainage facilities for removal of surface and storm waters from the herein referenced local drainage areas. The base charge for all classes of property shall be as set forth in subsection (o) of Table II.

(1) Reference is hereby made to the drainage plan adopted for the City of Santa Clara, which contains an estimate of twenty million dollars ($20,000,000.00) as the total cost of constructing the local drainage facilities required by the plan, and a map of the drainage area, showing boundaries and the location of major planned drainage facilities, which is on file in the office of the Director of Public Works/City Engineer. The drainage fee which the developer shall pay is based on this drainage plan, using the estimates compiled at current prices.

(2) The drainage plan has been determined by resolution of the Board of Supervisors and Flood Control District of Santa Clara County to be in conformity with the County-wide general drainage plan of said County.

(3) The City Council finds that development of property within the planned local drainage area will require construction of the facilities described in the drainage plan, and that the fees are fairly apportioned within the local drainage area on the basis of the benefits conferred on property available for development and on the need for local drainage facilities created by the proposed development of other property within the local drainage area. The estimated costs are based upon these findings.

(4) The fee as to any property proposed for development within the local drainage area does not exceed the pro rata share of the amount of the total estimated costs of all facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis paid.

(5) The drainage facilities planned are in addition to existing local drainage facilities serving the area at the time of the adoption of the drainage plan for the area.

(6) The drainage fees required by this section shall be paid into a “planned local drainage facilities fund.” Moneys in this fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the planned local drainage area, from which the fees comprising the fund were collected, and to reimburse the City for the cost of engineering and administrative services to form the district and design and construct the facilities.

(c) Sanitary Sewer Outlet Charge. The developer shall pay the City a sanitary sewer outlet charge. The revenue from the sanitary sewer outlet charge shall be used for the acquisition, construction, reconstruction, replacement and debt retirement of off-site sewerage facilities. The City Council shall determine the amounts and rate schedules for the sewer outlet charge authorized hereunder.

(d) Institutional “In Lieu” Sanitary and Storm Outlet Charge. In lieu of the foregoing storm and sanitary sewer outlet charges, provided for in subsections (b) and (c) of this section, at the sole option of the City, developers of institutional property may pay a flat fee of the lesser amounts shown in subsections (m) and (o) of Table II (Institutional fee schedule) per net acre for each item. Said payments shall be treated as the equivalent of the storm drain and sanitary sewer outlet charges, but the developer shall install the required facilities without receiving on-site credits therefor and reimburse the City by payment of the charges set forth in SCCC 17.15.260 for any existing sanitary sewer and storm drain facilities.

(e) Sanitary Sewer Connection Charge (Sewage Treatment Plant Expansion Connection Charge). In addition to the above charges, there shall be a sanitary sewer connection charge whenever property is either (1) initially connected to the sewer system or (2) requires a new connection to the sanitary sewer system or (3) involves a change in land use or development on the real property that results in an increase of sewage to the City sewer system. The purpose of this connection charge is to finance capital and debt retirement costs associated with the sewage treatment facilities which are allocated to unused or future capacity. The charges shall be in accordance with Paragraph A of Table V.

(f) Alternative Method of Collecting a Flow Component of the Sanitary Sewer Outlet Charge (for Sewer Conveyance) and the Sanitary Sewer Connection Charge (Sewage Treatment Plant Expansion Connection Charge).

(1) Applicability.

(A) The Director of Water and Sewer Utilities may periodically review water usage and/or wastewater discharge volume as recorded by the Finance Department for nonresidential or industrial customers. Based on such review, if the actual daily average wastewater discharge volume exceeds the assigned sewer capacity, the payment of an excess use fee will be required.

(B) Only nonresidential sewer users with water use greater than a monthly average of ten thousand (10,000) gallons per day or, by approval of the Director of Water and Sewer Utilities, those sewer users that submit a written request to use this method, will be subject to additional purchased capacity fee, capacity rental fee and/or incremental purchased capacity fee.

(2) Assigned Sewer Capacity (Assigned Capacity).

(A) The amount of assigned capacity shall be either the sewer capacity that is recorded by the City of Santa Clara Engineering Department for sewer capacity purchased since 1983, or shall be calculated based on the building square footage of record that exists on a single parcel of land represented by an assessors parcel number (APN) on the effective date of the ordinance codified in this section. The square footage of record multiplied by the City’s estimated discharge factor for the use shall yield a calculated assigned capacity.

(B) Assigned capacity will reside with the parcel and is not transferable other than by conveyance to a new owner through the sale or transfer of the parcel.

(C) In the event that the parcel owner disputes the calculated assigned capacity the parcel owner may appeal the assigned capacity to the Director of Water and Sewer Utilities by written notification to the City of Santa Clara no later than one hundred twenty (120) days after notification of determination of an assigned capacity. If the Director of Water and Sewer Utilities finds that the property owner’s appeal has merit based on data and information presented, the Director of Water and Sewer Utilities has authority to adjust the assigned capacity in accordance with the findings.

(D) In instances where multiple sewer uses or users exist on a single parcel (as represented by a single assessors parcel number), the assigned capacity for the parcel will be equal to the sum of the assigned capacities (either per City records or by calculation) for each use.

(3) Capacity Rental Fee. The capacity rental fee shall be calculated based on the amount of average daily wastewater discharge in excess of the assigned capacity for a property using the following formula: Capacity Rental Fee = (0.03/12) x (Average Discharge Volume - Assigned Capacity) x Capacity Fee.

(4) Additional Sewer Capacity Fee. Additional sewer capacity fee shall be calculated based on the amount of the average daily wastewater discharge in excess of the assigned capacity for a parcel using the following formula: Additional Sewer Capacity Fee = (Average Discharge Volume - Assigned Capacity) x (Capacity Fee).

(A) In lieu of purchasing the additional sewer capacity, an incremental sewer capacity fee (incremental fee) may be paid to allow for payment of the additional sewer capacity fee over ten years. The incremental fee shall be calculated at one-one hundred twentieth (1/120th) of the additional sewer capacity fee; or using the following formula: Incremental Sewer Capacity Fee = (Average Discharge Volume - Assigned Capacity) x (Capacity Fee/120).

(B) When an additional sewer capacity fee or an incremental fee is paid, the assigned sewer capacity for the parcel will be increased by an amount equal to the additional or incremental purchased capacity.

(C) A sewer user may at any time elect to pay all or part of an additional sewer capacity fee to obtain a desired assigned capacity. However, at a minimum, all who are covered by this section must pay the monthly incremental sewer capacity fee.

(D) Capacity rental fees, additional sewer capacity fees or incremental fees shall not be refunded if the discharge volume decreases to less than the assigned capacity. The assigned capacity for each APN shall remain on record with the City.

(5) Request for Waiver of Excess Use Fee. Upon application of the parcel owner or sewer user, the Director of Water and Sewer Utilities may waive all or part of a capacity rental fee and/or incremental sewer capacity fee if it is found that the excessive usage was the result of a temporary condition that has been eliminated or reduced. The property owner must submit a written request with adequate documentation for a waiver within thirty (30) days of notification that excess use fees have been incurred.

(g) Reimbursement for Off-Site Construction. The developer shall construct all off-site sanitary sewers and storm drains required to properly service his/her lands. The developer shall be reimbursed by the City in accordance with the standard unit prices established from time to time by resolution of the City Council if the construction complies with the plans and specifications and is accepted as a part of the permanent system approved by the City. Reimbursement shall be set forth in the development agreement, if any, and in accordance with SCCC 17.15.090, this section, and SCCC 17.15.250, as applicable. The design of all sanitary sewers and storm drains shall be subject to the approval of the Director of Public Works/City Engineer. (Ord. 1778 § 3, 12-3-02; Ord. 1819 §§ 1, 2, 7-10-07; Ord. 1881 § 2, 5-10-11).

17.15.230 Residual parcels.

The developer shall, concurrently with the development of any lands, construct all required public works facilities and pay all fees and charges set forth in this chapter for any residual parcel created by the development of such lands. For the purposes of this section, a residual parcel is any parcel of land having street frontage of less than one hundred fifty (150) feet along any street within or abutting such development, or comprising an area of less than 18,000 square feet. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-22).

17.15.240 Deferred charges.

Whenever any property or parcel of land not under development is directly benefited by the installation of any of the required facilities, utilities or public works improvements, the City may advance the costs of same and defer the collection of such charges until such time as said property is developed. Said charges shall be satisfied before any parcel map, tract map, building permit or service connection for such property is granted or accepted by the City. Engineering diagrams showing property benefited shall be furnished the building inspection and accounting divisions of the City, showing the amounts of such deferred charges. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-23).

17.15.250 Deferred credits.

If for any reason, the City is not in a position to advance the costs of the required rights-of-way, facilities, utilities or public works improvements for intervening properties or parcels of land, the developer shall advance such costs for which the City will enter a deferred credit upon its books and records in favor of the developer advancing such costs, to be repaid to the developer (less ten percent) for handling, clerical, billing and collection costs), payable upon collection by the City of the charges prescribed by SCCC 17.15.240. In the event that the City is unable to collect such funds within ten years after the date of advancement, the right of reimbursement of the funds not collected shall lapse at the end of such ten-year period. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-24).

17.15.260 Charges for existing improvements.

Whenever existing facilities, utilities or other public works improvements have been installed without cost to a property, the developer of such property must pay the City the schedule of charges provided for in Table IV when the development of such property occurs before any service connection is made to such property.

The unit charges shown in Table IV for sanitary sewers and storm drains are not necessarily sufficient, and the developer shall, in any case, pay the charges as calculated from Table IV, or the fee prescribed in SCCC 17.15.220, whichever is greater. In the case of corner lot development, the appropriate frontage charges will be reduced per formula defined in SCCC 17.15.010. Whenever it is necessary to install facilities upon or along an easement, the frontage charges to be paid shall be the same as though the easement was a street.

In addition to the above charges, the developer shall install all “on-site” trenching and backfilling, equipment pads and bases, vaults and splicing chambers, and conduits and ducts including encasements. The developer shall also install all “on-site” service facilities up to the utility connection points.

The standard underground street lighting facilities shall be furnished and installed by the City, and the developer shall pay to the City four dollars and twenty cents ($4.20) per front foot for the underground street lighting system.

Whenever the development of any property requires the installation of any of the above facilities, the same shall be installed, and may be installed by the City at the above unit charges, subject to the provisions of SCCC 17.15.090 and 17.15.240. The developer may install said facilities only after receipt of approval by the Director of Public Works or City Engineer of the plans and specifications for the same.

Whenever improvements serve only the property on one side of a street, highway or roadway, or whenever the property on both sides is required to be served by improvements to be duplicated along each side, then the developer of such property shall pay double the charge rate stated in Table IV for each of such improvements. (Ord. 1312 § 1, 5-6-75; Ord. 1372 § 3, 2-7-78; Ord. 1386 § 1, 8-28-79; Ord. 1456 § 1G, 8-31-82; Ord. 1485 § 1, 11-29-83; Ord. 1511 § 3, 10-30-84; Ord. 1542 § 7, 5-27-86; Ord. 1558 § 1, 11-4-86; Ord. 1581 § 9, 3-1-88; Ord. 1773 § 6, 8-20-02. Formerly § 21A-25).

17.15.270 Cost clearance certification.

No building permit shall be issued and no building shall be erected on any lot, the frontage of which does not abut on a public street or thoroughfare which has been improved in accordance with the minimum standards for such improvements required by the City. No building permit shall be issued and no building erected on any lot unless said lot has satisfied its requirements for providing the right-of-way and/or easements and the improvements as required in this chapter.

Exception: Those projects which have received planned development zoning approval, or have been otherwise approved in accordance with the requirements of the subdivision ordinance, may be exempted from this section.

Before any building permit shall be issued or service connection made, a certificate shall be obtained from the City, showing that the liability such property has for all facilities or improvements has been satisfied. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-26).

17.15.280 Service connection charges.

(a) Water service connections to provide water service shall be installed by the City. A charge to cover the cost of service connections shall be paid by the developer in accordance with Paragraph B of Table V. These Table V charges shall be in addition to the frontage (subsection (k) of Table II) and meter charges set forth in Paragraph E of Table V. Such fees shall be due and payable upon demand by the City.

(b) Whenever fire service is necessary for a development, the developer shall pay a fee in accordance with Paragraph C of Table V.

(c) Sanitary sewer laterals shall be installed by the developer under permit from the City or by the City recognizing that in some instances the City shall deem it necessary to install sewer laterals with its forces. Whenever sewer laterals are installed by the City, the developer shall pay a fee in accordance with Paragraph D of Table V.

(d) Where the developer installs the sewer service lateral from the main to the property line, the City shall make the tap (connection) on the sewer main and inspect the entire lateral installation. The developer shall pay a fee, in addition to street opening permit costs, in accordance with Paragraph E of Table V.

(e) Storm drain laterals shall be installed by the developer under permit from the City. Connections of laterals to the City storm drain shall be made by the developer and shall be in conformance with existing policies stipulated in Engineering Department design criteria. The inspection fee shall be as provided for in subsection (i) of Table II. (Ord. 1312 § 1, 5-6-74; Ord. 1372 § 4, 2-7-78; Ord. 1386 § 1, 8-28-79; Ord. 1456 § 1H, 8-31-82; Ord. 1511 § 4, 10-30-84; Ord. 1511 § 5, 10-30-84; Ord. 1542 § 8, 5-27-86; Ord. 1581 § 10, 3-1-88. Formerly § 21A-27).

17.15.290 Water meters.

The developer shall pay the charges provided for in Paragraph E of Table V, as applicable, for the installation of water meters, prior to the installation thereof. (Ord. 1321 § 1, 5-6-75; Ord. 1456 § 1J, 8-31-82; Ord. 1581 § 11, 3-1-88. Formerly § 21A-28).

17.15.300 Amendments to chapter and change of policies.

The City reserves the right to revise, amend and change any of the policies contained in this chapter as deemed necessary and equitable by the City Council. All existing City policies in conflict herewith are hereby rescinded. The City further reserves the right from time to time, by resolution of the City Council, to revise, amend and change any of the standards, costs, prices, fees, and charges prescribed or established by this chapter and establish pursuant to this chapter. (Ord. 1312 § 1, 5-6-75. Formerly § 21A-29).

17.15.310 Standards deemed minimum requirements.

The standards established by this chapter are minimum standards only, and the City Council reserves the right to require higher standards in the event that the City Manager of the City shall find that the minimum standards established by this chapter are not adequate, suitable, or proper because of traffic patterns, the location, soil structure or any other cause in the area in which the improvement of facility is located. (Ord. 1312 § 1, 5-6-75; Ord. 1435 § 1, 10-27-81. Formerly § 21A-30).

17.15.320 Variances.

It shall be unlawful to develop, redevelop or improve property with lower standards than those prescribed or established by this chapter, or lower than those established pursuant to this chapter. However, where practical difficulties, unnecessary hardships and effects inconsistent with the general purpose of this chapter may result from the strict application of certain provisions thereof, the City Council may grant a variance subject to the following findings:

(a) That there are exceptional or extraordinary circumstances or conditions applying to the particular developed land or development site.

(b) That the granting of a variance shall not, under the circumstances of the particular case, materially affect adversely the health, safety, peace, morals, comfort or general welfare of the persons living on or in the neighborhood of the developed land or development site, and the variance will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

In the event that the City Council makes the findings prescribed above and grants a variance, the approval of said variance shall be subject to such terms and conditions as imposed by the City Council, if any. (Ord. 1435 § 1, 10-27-81. Formerly § 21A-31).

17.15.330 Traffic impact fees.

(a) Intent and Purpose. The City Council of the City of Santa Clara does hereby find and declare:

(1) The City, pursuant to the home rule provisions of Article 11, Section 5, of the California Constitution, may make and enforce all ordinances and regulations with respect to municipal affairs.

(2) The City, pursuant to Article 11, Section 7, of the California Constitution, may make and enforce all local ordinances not in conflict with general laws.

(3) The purpose of this section is to implement, in part, the circulation element of the City of Santa Clara general plan, the five-year financial study, and the traffic mitigation program (revised May 1988), as each will be amended from time to time, and which establish objectives for future traffic impact measures in the City.

(4) Development within the city has placed and will continue to place severe demands on the existing City traffic circulation system (hereinafter “traffic system”). The City’s traffic mitigation program, as amended from time to time, describes the capital improvements the City deems necessary to alleviate existing traffic congestion, and it attempts to anticipate the traffic impacts generated by projected future development.

(5) The City intends to cause improvements to its traffic system to alleviate existing traffic problems and thereby cause an acceptable level of service to exist. The improvements to the City’s existing traffic system will be accomplished through funding sources other than traffic impact fees.

(6) New development will impose additional burdens on the existing traffic system and on the proposed improvements thereto. Without new development, the proposed improvements funded by sources other than traffic impact fees would bring the existing traffic system up to an acceptable level of service as determined by the City’s Engineering Department.

(7) The traffic mitigation program expresses a policy concerning the acquisition, construction, and improvement of public facilities related to the traffic system and it identifies proposed sources for financing said improvements.

(8) Development, consisting of the erection of, construction of, additions to, alterations of, or conversion to, office buildings, industrial buildings, hotels and motels, has a significant impact on traffic congestion in the City at peak traffic hours – which occur in the late afternoon.

(9) In order to implement the traffic mitigation program, it is necessary that new development pay traffic impact fees for the deterioration caused to the traffic system’s level of service (either between levels of service or within a level of service) which otherwise would be achieved by the proposed traffic system improvements funded by sources other than the traffic impact fees.

(10) The traffic impact fees collected will be used for the purposes and projects identified in the traffic mitigation program, as it is amended from time to time, based upon a priority rank determined by the City. The traffic impact fees are for “off-site facilities” as that term is defined in SCCC 17.15.010.

(11) The traffic system improvements, or portions thereof, to be funded from traffic impact fees are necessary to safeguard the life, health, property, and public welfare of the persons occupying and/or traveling to and from the new development(s) subject to the traffic impact fees.

(12) The traffic system improvements, or portions thereof, financed by traffic impact fees will enhance the economic value of new development by (a) providing to persons occupying and/or traveling to and from said new development traffic safety and convenience in the vicinity of the new development and thereby reducing the probability of bodily injury and property damage from traffic-related accidents, (b) improving the response capability of emergency services, such as police, fire and emergency medical response vehicles to the new development, and (c) enhancing and promoting aesthetic and environmental quality on or near the new development by making said access to said development less time-consuming and more efficient.

(b) Definitions. When used in this chapter, the following words and phrases will be defined as set forth below. When examples are given, they are illustrative only, and they are not intended to be an exhaustive itemization of all potentially includable items.

(1) “Building” means any structure (as defined in Section 420 of the Uniform Building Code) used or intended for supporting or sheltering any use or occupancy.

(2) “Building permit” means the permit issued or required for the construction or improvement of any structure in connection with the development of land pursuant to and as defined by the Uniform Building Code.

(3) “Construct” means the putting together, assembling, erection or altering of construction materials, components or modules into a structure, or portion of a structure, and includes initial construction, reconstructing, enlarging or altering any structure.

(4) “Costs” means amounts spent or authorized to be spent in connection with the planning, financing, acquisition and development of the traffic mitigation program including, without limitation, the costs of land, construction, engineering, administration, financing costs, legal and financial consulting fees, and incidental expenses.

(5) “Hotel use” means an establishment consisting of one building or a group of attached or detached buildings containing lodging accommodations, a majority of which are designed for use by transients, travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meal and beverage service, meeting rooms, incidental merchandise sales, barber and beauty shops, kitchens, and other incidental services and facilities. The determination will be made from the uses identified as hotel or motel in the traffic impact fee schedule. (See definition of “traffic impact fee schedule” in subsection (b)(12) of this section.)

(6) “Industrial use” means a business involving manufacture, assembly, packaging, storage, distribution, or wholesaling of a physical product. The determination will be made from the uses identified as an industrial use in the traffic impact fee schedule.

(7) “New development” means any new construction, addition, extension, conversion, or enlargement of an existing structure or conversion to a use with traffic impact fees or higher traffic impact fees.

(8) “Office/R&D use,” in general, means any structure or portion thereof intended for occupancy by a business entity which will primarily provide clerical, professional or business services, and/or research and development activities for the business itself, or which will primarily provide clerical, professional or business services, and/or research and development activities to the public or other business entities. The structure or portion thereof may also include light fabrication areas in the manner of conducting business. The determination will be made from the uses identified as an office/R&D use in the traffic impact fee schedule.

(9) “Peak traffic hours” means 4:00 P.M. to 7:00 P.M.

(10) “Person” means any individual, domestic stock company, partnership of any kind, joint venture, club, business or common law trust, society, legal entity, or any other manner of owning property or conducting business.

(11) “Retail use” means an establishment that buys and sells commodities and services with off-street parking provided on the site. This includes a group of establishments that is planned, developed, owned and managed as a unit.

(12) “Residential use, multifamily” means a building or portion thereof used and designed as a residence for two or more families living independently of each other, including apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boarding houses. Each unit in the structure is separated from other units by one or more common, fire-resistant walls.

(13) “Residential use, single-family” means a detached building, including sleeping, eating, cooking and sanitation facilities, which constitutes an independent housekeeping unit on an individual lot designed for and/or occupied by one household.

(14) “Square feet” or “square footage” means the square feet on each floor of a building, measured to the outside surfaces of exterior walls, and will include, but not be limited to, rooms, offices, work areas, restrooms, halls, stairways, elevator shafts, service and mechanical equipment rooms, basement, closet, cellar or attic areas. Parking facilities accessory to a permitted or conditional use and located on the same site are excluded from gross square footage calculations.

(15) “Traffic impact fee schedule” refers to the document, as amended from time to time, on file in the City’s Public Works Department used to determine applicability of the traffic impact fees to particular land uses. If a proposed building use, or use within a portion of the building, does not fall under a use listed in said schedule, but, in the Director of Public Works or City Engineer’s opinion, closely corresponds to a use listed in said schedule, the traffic impact fees will be imposed.

(16) “Warehousing, utilities and communications use” means any structure or portion thereof primarily used for the storage of materials or containing electromechanical and/or industrial space/equipment or facilities used for radio, cellular, television, radar transmissions or any similar technology development yet unforeseen. This includes data centers.

(1) Imposition of Fee. Traffic impact fees, for the area(s) designated by resolution of the City Council and at the rates set forth by resolution of the City Council, are hereby imposed upon every person (person having equitable or legal title, or other interest as owner, lessee, or otherwise) who causes new development, as defined hereinabove, to be used for office/R&D; warehousing, utilities and communications; industrial; hotel or motel; retail; single-family residential; or multifamily residential usage, as each is defined herein.

Mixed uses within a building or on a particular floor will have the traffic impact fees imposed on the area devoted to each use category of the traffic impact fee schedule as determined by the City Engineer. The floor space not in actual use, i.e., restrooms, hallways, etc., will be prorated for imposition of traffic impact fees on the basis of the mixed-use situation existing in the remainder of the building or on the floor.

(2) Exceptions. The traffic impact fees need not be paid for the following:

(A) Public Office Buildings. Those portions of City buildings utilized for governmental purposes and other governmental entity buildings utilized solely for governmental purposes and which otherwise are legally exempt from said fees.

(B) Reconstructed Buildings. Building reconstruction, unless the building use category (1) is changed to a use subject to the traffic impact fees, (2) a use change entails higher traffic impact fees, (3) and/or the gross square footage of an otherwise nonexempt building is increased, in which case the traffic impact fees apply to the expanded area.

(3) Time of Payments. The payment of the traffic impact fees shall be as set forth by resolution of the City Council.

(4)(A) Periodic Adjustments to Traffic Impact Fees. The traffic impact fees shall be adjusted periodically to reflect the current status of traffic impact requirements, projected development square footage, construction and land costs, and other factors. The Director of Public Works or City Engineer shall make an annual review, or more frequent review if he/she deems it necessary, of the traffic mitigation program and make recommendations for amendment, if any. Among the purposes of said periodic review will be the adjustment of the traffic impact fee schedule in light of the traffic mitigation program scope and costs. The review will be submitted with recommendations to the City Council. After receiving said report and making it available for public distribution and review, the City Council shall give notice and, no less than ten days after public notice has been given, conduct a public hearing in which it shall consider these reports, receive testimony and information from any interested members of the public, and receive such other evidence as it may deem necessary. At the conclusion of that hearing, the City Council shall determine what changes, if any, are to be made to the traffic mitigation program with respect to projections of new development, the traffic system projects proposed, the estimated cost of construction, and/or adjustments to the traffic impact fees.

(B) Annual Escalator. Unless otherwise modified by the City Council, traffic impact fees will automatically adjust for inflation annually at the start of each fiscal year, using the latest Construction Cost Index for San Francisco, published by Engineering News Record (ENR). If this index ceases to exist, the Director of Public Works shall substitute another construction cost index, which in his or her judgment is as nearly equivalent to the original index as possible. The automatic fee adjustment will occur when the City conducts its annual update of the municipal fee schedule, unless it is otherwise modified by the City Council during their approval of the municipal fee schedule.

(5) Use of the Proceeds from the Traffic Impact Fees. The sums derived from the collection of the traffic impact fees, and any interest thereon, shall be held by the City’s Director of Finance and shall be distributed according to the fiscal and budgetary policies of the City. Said funds are to be used for the projects identified in the traffic mitigation program, as amended from time to time. In no case shall any of the moneys be used for regular street maintenance.

(6) Provisions of Section Are Not Exclusive. The provisions of this section are intended to establish an alternative method for spreading the costs of certain public improvements against the land that will be primarily benefited thereby; the provisions of this section shall not be construed to limit the powers of the City Council to utilize any other method for accomplishing this purpose. This shall be in addition to any other requirements which the City Council is authorized to impose as a condition to approving development pursuant to State and local law.

(7) Developer Construction of Facilities. The traffic impact fees are the minimum to be paid by new development. The traffic impact fees are to be initially paid in all circumstances. However, if because of special conditions caused by a particular new development a development is required (pursuant to SCCC 17.15.090 and/or 17.15.310) to construct off-site traffic system facilities, the development will be reimbursed for said construction costs up to the costs of said construction or the traffic impact fees paid, whichever is less. To be entitled to said reimbursement, the new development must prove its claimed construction costs to the satisfaction of the Director of Public Works or City Engineer, or designee.

(8) Appeal from Decisions of City Staff. An appeal from a City staff decision shall be made within seven calendar days of the decision to the City Council. Written application for the appeal shall be filed with the City Clerk’s office. The application shall state the factual basis of the appeal. The City Council will hear the appeal application at a public hearing to be conducted within thirty (30) calendar days of filing of the application. The decision of the City Council shall be final. (Ord. 1587 § 1, 5-24-88; Ord. 1773 §§ 7, 8, 9, 8-20-02; Ord. 1986 §§ 1–4, 8-21-18. Formerly § 21A-32).

17.15.340 Exception for certain attached accessory dwelling units.

(a) Notwithstanding anything in this chapter to the contrary, the City shall not require the installation of new or separate utility connections directly between an accessory dwelling unit and the utilities, or impose a related connection fee or capacity charge, when a new accessory unit is constructed, if the accessory unit is contained within the existing building envelope of an existing single-family residence or accessory structure, the accessory unit has exterior access independent from the existing residence, and the side and rear setbacks are sufficient for fire safety.

(b) For all accessory dwelling units not described in subsection (a) of this section, the construction of accessory units shall be subject to standard utility connection requirements and charges. The City shall establish prorated charges for accessory dwelling units in the municipal fee schedule. (Ord. 1968 § 7, 8-22-17).

17.15.350 Tasman East Specific Plan infrastructure impact fee.

(a) Intent and Purpose. The City Council of the City of Santa Clara does hereby find and declare:

(1) The City, pursuant to the home rule provisions of Article 11, Section 5, of the California Constitution, may make and enforce all ordinances and regulations with respect to municipal affairs.

(2) The City, pursuant to Article 11, Section 7, of the California Constitution, may make and enforce all local ordinances not in conflict with general laws.

(3) The purpose of this section is to implement the necessary improvements required to support the completion of the proposed development within the Tasman East Specific Plan which was adopted by the City Council on November 13, 2018.

(4) The Tasman East Specific Plan identified that certain improvements are necessary to support completion of the Specific Plan. These improvements include sanitary sewer facility upgrades, storm sewer facility upgrades, potable water facility upgrades, non-potable water facility expansion, public street improvements and expansions, new traffic signal installations, traffic safety device installations, and traffic signal mitigations and fair-share traffic payments.

(5) In order to provide equitable distribution of costs to complete such improvements, the intent of this fee is to distribute costs to new residential development within the Tasman East Specific Plan Area.

(1) “Building” means any structure (as defined in Section 420 of the Uniform Building Code) used or intended for supporting or sheltering any use or occupancy.

(3) “Costs” means amounts spent or authorized to be spent in connection with the planning, financing, acquisition and completion of the improvements identified in the Tasman East Specific Plan Infrastructure Impact Fee Nexus Study including, without limitation, the costs of land, construction, engineering, administration, financing costs, legal and financial consulting fees, and incidental expenses.

(4) “Multifamily residential use” means a building or portion thereof used and designed as a residence for two or more families living independently of each other, including apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boarding houses. Each unit in the structure is separated from other units by one or more common, fire-resistant walls.

(5) “Person” means any individual, domestic stock company, partnership of any kind, joint venture, club, business or common law trust, society, legal entity, or any other manner of owning property or conducting business.

(6) “Tasman East Specific Plan Area” refers to the approximately forty-five (45) acres of land within the City of Santa Clara generally north of Tasman Drive, east of Lafayette Street, west of the Guadalupe River to the East, south of the Santa Clara golf course, and Lafayette Street to the west. The Tasman East Specific Plan, the final environmental impact report certified on November 13, 2018, by Resolution No. 18-8622, and is maintained for public review in the office of the planning division of the Department of Community Development.

(7) “Tasman East Specific Plan Area Infrastructure Impact Fee schedule” refers to the document, as amended from time to time, on file in the City’s Public Works Department used to determine applicability of the fees to particular land uses. If a proposed building use, or use within a portion of the building, does not fall under a use listed in said schedule, but, in the Director of Public Works or City Engineer’s opinion, closely corresponds to a use listed in said schedule, the infrastructure impact fees will be imposed.

(1) Imposition of Fee. The Tasman East Specific Plan infrastructure impact fee is hereby imposed upon every person (person having equitable or legal title, or other interest as owner, lessee, or otherwise) who causes the development of new multifamily residential use buildings within the Tasman East Specific Plan Area, as each is defined herein, on or after November 13, 2018.

(2) Exceptions. There are no exceptions for the payment of the Tasman East Specific Plan infrastructure impact fee.

(3) Amount of Fee. The amount of the Tasman East Specific Plan infrastructure impact fee shall be established by resolution of the City Council.

(4) Fee Adjustments and Escalation.

(A) Periodic Adjustments to Tasman East Specific Plan Infrastructure Impact Fee. The Tasman East Specific Plan infrastructure impact fee shall be adjusted periodically to reflect the current status of cost and scope of the improvements identified in the Tasman East Specific Plan Infrastructure Impact Fee Nexus Study. The Director of Public Works or City Engineer shall make a periodic review of the improvements within the Tasman East Specific Plan Infrastructure Impact Fee Nexus Study and make recommendations for amendment, if any, in a report to the City Council. After receiving said report and making it available for public distribution and review, the City Council shall give notice and, no less than ten days after public notice has been given, conduct a public hearing in which it shall consider these reports, receive testimony and information from any interested members of the public, and receive such other evidence as it may deem necessary. At the conclusion of that hearing, the City Council shall determine what changes, if any, are to be made to the Tasman East Specific Plan infrastructure impact fee.

(B) Annual Adjustments for Inflation. Unless otherwise modified by the City Council, Tasman East Specific Plan infrastructure impact fees will automatically adjust for inflation annually at the start of each fiscal year, using the latest Construction Cost Index for San Francisco, published by Engineering News Record (ENR). If this index ceases to exist, the Director of Public Works shall substitute another construction cost index, which in his or her judgment is as nearly equivalent to the original index as possible. The automatic fee adjustment will occur when the City conducts its annual update of the municipal fee schedule, unless it is otherwise modified by the City Council during its approval of the municipal fee schedule.

(5) Time of Payment of Fee. Any infrastructure impact fees imposed under this section shall be due and payable prior to issuance of any building permit for a multifamily residential use project.

(6) Use of the Proceeds from the Tasman East Specific Plan Infrastructure Impact Fee. The sums derived from the collection of the Tasman East Specific Plan infrastructure impact fee, and any interest thereon, shall be held by the City’s Director of Finance and shall be distributed according to the fiscal and budgetary policies of the City. Said funds are to be used for the projects identified in the Tasman East Specific Plan Infrastructure Impact Fee Nexus Study, as amended from time to time. In no case shall any of the moneys be used for maintenance.

(7) Provisions of Section Are Not Exclusive. The provisions of this section are intended to establish an alternative method for spreading the costs of certain public improvements against the land that will be primarily benefited thereby; the provisions of this section shall not be construed to limit the powers of the City Council to utilize any other method for accomplishing this purpose. This shall be in addition to any other requirements which the City Council is authorized to impose as a condition to approving development pursuant to State and local law.

(8) Developer Construction of Facilities. Tasman East Specific Plan infrastructure impact fees are the minimum to be paid by new residential development. Tasman East Specific Plan infrastructure impact fees are to be initially paid in all circumstances. However, if because of special conditions caused by a particular new development, a development is required (pursuant to SCCC 17.15.090 and/or 17.15.310) to construct the improvements included within the Tasman East Specific Plan Infrastructure Impact Fee Nexus Study, the development will be reimbursed for said construction costs as determined by the Director of Public Works or City Engineer and based on the availability of fees paid to the City. To be entitled to said reimbursement, the new development must prove its claimed construction costs to the satisfaction of the Director of Public Works or City Engineer, or designee.

(9) Appeal from Decisions of City Staff. An appeal from a City staff decision shall be made within seven calendar days of the decision to the City Council. Written application for the appeal shall be filed with the City Clerk’s office. The application shall state the factual basis of the appeal. The City Council will hear the appeal application at a public hearing to be conducted within thirty (30) calendar days of filing of the application. The decision of the City Council shall be final. (Ord. 2026 § 1, 1-12-21).

17.15.360 Patrick Henry Drive specific plan infrastructure impact fee.

(a) Definitions. When used in this section, the following words and phrases will be defined as set forth below. When examples are given, they are illustrative only, and they are not intended to be an exhaustive itemization of all potentially includable items.

(1) “Building” means any structure used or intended for supporting or sheltering any use or occupancy.

(2) “Building permit” means the permit issued or required for the construction or improvement of any structure in connection with the development of land pursuant to the California Building Code.

(3) “Costs” means amounts spent or authorized to be spent in connection with the planning, financing, acquisition and completion of the improvements identified in the Patrick Henry Drive specific plan infrastructure impact fee nexus study including, without limitation, the costs of land, construction, engineering, administration, financing costs, legal and financial consulting fees, and incidental expenses.

(5) “Office/R&D use,” in general, means any structure or portion thereof intended for occupancy by a business entity which will primarily provide clerical, professional or business services, and/or research and development activities for the business itself, or which will primarily provide clerical, professional or business services, and/or research and development activities to the public or other business entities. The structure or portion thereof may also include light fabrication areas in the manner of conducting business.

(6) “Person” means any individual, domestic stock company, partnership of any kind, joint venture, club, business or common law trust, society, legal entity, or any other manner of owning property or conducting business.

(7) “Patrick Henry Drive specific plan area” refers to the approximately seventy-four (74) acres of land within the city of Santa Clara generally bounded by Mission College to the south, Great America Parkway to the east, the Hetch-Hetchy right-of-way to the north, and Calabazas Creek to the west.

(8) “Patrick Henry Drive specific plan area infrastructure impact fee schedule” refers to the document, as amended from time to time, on file in the City’s Public Works Department used to determine applicability of the fees to particular land uses. If a proposed building use, or use within a portion of the building, does not fall under a use listed in such schedule, but, in the Director of Public Works or City Engineer’s opinion, closely corresponds to a use listed in such schedule, the infrastructure impact fees will be imposed.

(b) Imposition of Patrick Henry Drive Specific Plan Infrastructure Impact Fees.

(1) Imposition of Fee. The Patrick Henry Drive specific plan infrastructure impact fee is hereby imposed upon every person (person having equitable or legal title, or other interest as owner, lessee, or otherwise) who causes the development of new multifamily residential use buildings or office buildings within the Patrick Henry Drive specific plan area, as each is defined herein, on or after June 4, 2022.

(2) Exceptions. There are no exceptions for the payment of the Patrick Henry Drive specific plan infrastructure impact fee.

(3) Amount of Fee. The amount of the Patrick Henry Drive specific plan infrastructure impact fee shall be established by resolution of the City Council.

(4) Fee Adjustments and Escalation.

(A) Periodic Adjustments to Patrick Henry Drive Specific Plan Infrastructure Impact Fee. The Patrick Henry Drive specific plan infrastructure impact fee shall be adjusted periodically to reflect the current status of cost and scope of the improvements identified in the Patrick Henry Drive specific plan infrastructure impact fee nexus study. The Director of Public Works or City Engineer shall make a periodic review of the improvements within the Patrick Henry Drive specific plan infrastructure impact fee nexus study and make recommendations for amendment, if any, in a report to the City Council. After receiving such report and making it available for public distribution and review, the City Council shall give notice and, no less than ten days after public notice has been given, conduct a public hearing in which it shall consider these reports, receive testimony and information from any interested members of the public, and receive such other evidence as it may deem necessary. At the conclusion of that hearing, the City Council shall determine what changes, if any, are to be made to the Patrick Henry Drive specific plan infrastructure impact fee.

(B) Annual Adjustments for Inflation. Unless otherwise modified by the City Council, Patrick Henry Drive specific plan infrastructure impact fees will automatically adjust for inflation annually at the start of each fiscal year, using the latest construction cost index for San Francisco, published by Engineering News Record (ENR). If this index ceases to exist, the Director of Public Works shall substitute another construction cost index, which in his or her judgment is as nearly equivalent to the original index as possible. The automatic fee adjustment will occur when the City conducts its annual update of the municipal fee schedule unless it is otherwise modified by the City Council during its approval of the municipal fee schedule.

(5) Time of Payment of Fee. Any infrastructure impact fees imposed under this section shall be due and payable prior to issuance of any building permit for a multifamily residential use or office use project.

(6) Use of the Proceeds from the Patrick Henry Drive Specific Plan Infrastructure Impact Fee. The sums derived from the collection of the Patrick Henry Drive specific plan infrastructure impact fee, and any interest thereon, shall be held by the City’s Director of Finance and shall be distributed according to the fiscal and budgetary policies of the City. Such funds are to be used for the projects identified in the Patrick Henry Drive specific plan infrastructure impact fee nexus study, as amended from time to time. In no case shall any of the moneys be used for maintenance.

(8) Developer Construction of Facilities. Patrick Henry Drive specific plan infrastructure impact fees are the minimum to be paid by new residential or office development. Patrick Henry Drive specific plan infrastructure impact fees are to be initially paid in all circumstances. However, if because of special conditions caused by a particular new development, a development is required (pursuant to SCCC 17.15.090 and/or 17.15.310) to construct the improvements included within the Patrick Henry Drive specific plan infrastructure impact fee nexus study, the development will be reimbursed for such construction costs as determined by the Director of Public Works or City Engineer and based on the availability of fees paid to the City. To be entitled to such reimbursement, the new development must prove its claimed construction costs to the satisfaction of the Director of Public Works or City Engineer, or designee.

Appendix A Tables I through V.

Please Note

The following Tables I, II, II-A, III, IV, and V are not officially part of the City Code. However, they appear here at the end of Chapter 17.15 [Property Developments] for convenience of reference.

Pursuant to SCCC 17.15.020, the content of these Tables is amended from time to time by City Council resolution. For the most recent Table information, the City Clerk’s office should be consulted.

Tables I through V, inclusive, reflect the changes made through the latest resolutions noted at the end of each table.

Table I
Facility	Estimated Life
Street improvements	25 years
Sidewalks	25 years
Street signs	25 years
Street trees	50 years
Street lighting fixtures	25 years
Electric system installation	25 years
Water system installations	50 years
Sanitary sewer system installation	50 years
Storm drain system installation	50 years

(Ord. 1312 § 1, 5-6-75; Ord. 1386 § 1, 8-28-79; Ord. 1581 § 2, 3-1-88; Res. 6588, 6-15-99; Res. 7232 § 1, 6-7-05; Res. 7331, 6-6-06. Formerly § 21A-4).

Table II
	Section	Residential
Items	Section	Developer		City
(a) Easements and rights-of-way “on-site”	17.15.110	100%		-0-
(b) Easements and rights-of-way “off-site”	17.15.120	100%		-0-
(c) Street pavement	17.15.130	100%: 40 ft. minimum width.1		All required extra width.
(d) Street curbing	17.15.130	100%		-0-
(e) Sidewalk	17.15.130	100%: 4-1/2 ft. minimum width.2		-0-
(f) Street name signs	17.15.130	100%		-0-
(g) Street trees (developer may install street tree(s) at own expense subject to City Street Department approval of type and location)	17.15.130	$561.00 per tree. None required for trailer courts and mobile homes.		-0-
(h) Street lighting:	17.15.210
Overhead		$6.95 per front foot.		All additional.
Underground		$17.08 per front foot up to and including 10 net acres; or $2,606.18 per net acre over 10 net acres. Installation of all subsurface appurtenances.		All cables, switches, luminaires, electroliers.
Existing		$25.37 per front foot.
(i) Engineering fees:	17.15.070
Plan review	17.15.280	Public improvements cost up to $25,000 – $644.00/plans set (fee includes 3 checks), plus $141.00/plans set for 4th and each of the subsequent checks.		Perform plan check.
		Public improvements cost over $25,000 – $1,579/plan sheet (fee includes 3 checks), plus $259.00/plan sheet for 4th and each of the subsequent checks. $434.00/plan sheet for revisions after encroachment permit issuance.
Inspection		Public improvements cost:		Perform inspection.
		$0 – $15,000	$436.00
		$15,001 – $25,000	$436.00
		(Base + 13.459% of cost above $15K)
		$25,001 – $50,000	$1,781
		(Base + 12.468% of cost above $25K)
		$50,001 – $100,000	$4,898
		(Base + 2.672% of cost above $50K)
		$100,001 – $200,000	$6,234
		(Base + 5.344% of cost above $100K)
		$200,001 – $500,000	$11,578
		(Base + 4.898% of cost above $200K)
		$500,001 – $1,000,000	$26,273
		(Base + 4.631% of cost above $500K)
		Greater than $1,000,000, base + $12,729 for each additional $500K or fraction thereof	$49,428
(j) Electric utility improvements:	17.15.210
Overhead		Single-family – $1,121.45 per lot. Multiple-family, condominiums and planned unit developments – $689.72 per living unit.		All additional.
Underground		Single-family – $1,653.21 per lot. Multiple-family, condominiums and planned unit developments – $1,474.20 per living unit. Installation of all subsurface appurtenances and service facilities.		All cables, switches, transformers, meters, etc.
Plan review		$274.00/plan sheet (fee includes 3 checks). $39.00/plan sheet for 4th and each of the subsequent checks. (Applies to permits that have no electric service request and review for conflicts with existing electric infrastructure.)		Perform plan check.
(k) Water utility	17.15.210	$92.00 per front foot.		Furnish and install main.
Plan review		Public improvements cost up to $25,000 – $608.00/plan set (fee includes 3 checks), plus $397.00/plan set for 4th and each of the subsequent checks. Public improvements cost over $25,000 – $1,732/plan sheet (fee includes 3 checks), plus $397.00/plan sheet for 4th and each of the subsequent checks. (Applies to permits that have no water service request and review for conflicts with existing water infrastructure.)		Perform plan check.
(l) Sanitary sewers “on-site”	17.15.220	100%: 8" minimum. Plus connection charges (see Table V-A).		Maximum unit credits earned.
(m) Sanitary sewer outlet charge	17.15.220	Single-family, duplexes and multiple dwellings – $408.00 per unit or $1,534 per lot or $6,947 per net acre (greater of). Condominiums, planned unit developments – $408.00 per unit or $6,947 per net acre (greater of). Trailer courts and mobile homes – $573.50 per lot or $6,947 per net acre (greater of). Plus $4,218 per dwelling unit and $2,653 per accessory dwelling unit.		Maximum unit credits earned.
(n) Storm drains “on-site”	17.15.220	100%: 12" minimum.		Maximum unit credits earned.
(o) Storm drains outlet charge	17.15.220	$6,947 per net acre.		Maximum unit credits earned.
(p) Street plan review:				Perform plan check.
Street maintenance		$150.00/plan sheet (fee includes 3 checks). $31.00/plan sheet for 4th and each of the subsequent checks.
Parkways and boulevards		$153.00/plan sheet (fee includes 3 checks). $31.00/plan sheet for 4th and each of the subsequent checks.
Note: When front footage calculations are required for distribution of costs, a corner lot reduction as defined in SCCC 17.15.010 shall be used.

1 100% – 40 ft. minimum width when zoned residentially. If street improvements exist in the residential area, charges shall be on the basis of per front foot (see Table IV).

2 5-1/2 ft. minimum in blocks where utility poles are adjacent to curb.

Table II (Continued)
Items	Section	Commercial and Industrial
Items	Section	Developer		City
(a) Easements and rights-of-way “on-site”	17.15.110	100%		-0-
(b) Easements and rights-of-way “off-site”	17.15.120	100%		-0-
(c) Street pavement	17.15.130	100%: Commercial – 64 ft. minimum width. Industrial – 48 ft. minimum width.		All required extra width.
(d) Street curbing	17.15.130	100%		-0-
(e) Sidewalk	17.15.130	100%: Commercial – 9-1/2 ft. minimum width. Industrial – Install as required.		-0-
(f) Street name signs	17.15.130	100%		-0-
(g) Street trees	17.15.130	Install as required.		-0-
(h) Street lighting:	17.15.210
Overhead		$6.95 per front foot.		All additional.
Underground		$17.08 per front foot up to and including 10 net acres; or $2,606.18 per net acre over 10 net acres. Installation of all subsurface appurtenances.		All cables, switches, luminaires, electroliers.
Existing		$25.37 per front foot.
(i) Engineering fees:	17.15.070
Plan review	17.15.280	Public improvements cost up to $25,000 – $644.00/plan set (fee includes 3 checks), plus $141.00/plan set for 4th and each of the subsequent checks.		Perform plan check.
		Public improvements cost over $25,000 – $1,579/plan sheet (fee includes 3 checks), plus $259.00/plan sheet for 4th and each of the subsequent checks. $434.00/plan sheet for revisions after encroachment permit issuance.
Inspection		Public improvements cost:		Perform inspection.
		$0 – $15,000	$436.00
		$15,001 – $25,000	$436.00
		(Base + 13.459% of cost above $15K)
		$25,001 – $50,000	$1,781
		(Base + 12.468% of cost above $25K)
		$50,001 – $100,000	$4,898
		(Base + 2.672% of cost above $50K)
		$100,001 – $200,000	$6,234
		(Base + 5.344% of cost above $100K)
		$200,001 – $500,000	$11,578
		(Base + 4.898% of cost above $200K)
		$500,001 – $1,000,000	$26,273
		(Base + 4.631% of cost above $500K)
		Greater than $1,000,000, base + $12,729 for each additional $500K or fraction thereof	$49,428
(j) Electric utility improvements:	17.15.210
Overhead		$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA).		All additional.
Underground		$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA). Installation of all subsurface appurtenances and service facilities.		All cables, switches, transformers, meters, etc.
Plan review		$274.00/plan sheet (fee includes 3 checks). $39.00/plan sheet for 4th and each of the subsequent checks. (Applies to permits that have no electric service request and review for conflicts with existing electric infrastructure.)		Perform plan check.
(k) Water utility	17.15.210	$92.00 per front foot.		Furnish and install main.
Plan review		Public improvements cost up to $25,000 – $608.00/plan set (fee includes 3 checks), plus $397.00/plan set for 4th and each of the subsequent checks. Public improvements cost over $25,000 – $1,732/plan sheet (fee includes 3 checks), plus $397.00/plan sheet for 4th and each of the subsequent checks. (Applies to permits that have no water service request and review for conflicts with existing water infrastructure.)		Perform plan check.
(l) Sanitary sewers “on-site”	17.15.220	100%: 10" minimum. Plus connection charges (see Table V-A).		Maximum unit credits earned.
(m) Sanitary sewer outlet charge	17.15.220	$1,534 per lot or $6,947 per net acre (greater of). Plus $8.60 per gallon per day of sanitary sewer discharge (as calculated by the City using the Santa Clara Water Pollution Control Plant – Specific Use Codes and Sewage Coefficient Table).		Maximum unit credits earned.
(n) Storm drains “on-site”	17.15.220	100%: 15" minimum.		Maximum unit credits earned.
(o) Storm drains outlet charge	17.15.220	$6,947 per net acre.		Maximum unit credits earned.
(p) Street plan review:				Perform plan check.
Street maintenance		$150.00/plan sheet (fee includes 3 checks). $31.00/plan sheet for 4th and each of the subsequent checks.
Parkways and boulevards		$153.00/plan sheet (fee includes 3 checks). $31.00/plan sheet for 4th and each of the subsequent checks.
Note: When front footage calculations are required for distribution of costs, a corner lot reduction as defined in SCCC 17.15.010 shall be used.

Table II (Continued)
Items	Section	Institutional
Items	Section	Developer		City
(a) Easements and rights-of-way “on-site”	17.15.110	100%		-0-
(b) Easements and rights-of-way “off-site”	17.15.120	100%		-0-
(c) Street pavement	17.15.130	100%: 40 ft. minimum width.3 Industrial – 48 ft. minimum width.		All required extra width.
(d) Street curbing	17.15.130	100%		-0-
(e) Sidewalk	17.15.130	100%: 4-1/2 ft. minimum width4; 9-1/2 ft. width in all milling areas.		-0-
(f) Street name signs	17.15.130	100%		-0-
(g) Street trees	17.15.130	Install as required.		-0-
(h) Street lighting:	17.15.210
Overhead		$6.95 per front foot.		All additional.
Underground		$17.08 per front foot up to and including 10 net acres; or $2,606.18 per net acre over 10 net acres. Installation of all subsurface appurtenances.		All cables, switches, luminaires, electroliers.
Existing		$25.37 per front foot.
(i) Engineering fees:	17.15.070
Plan review	17.15.280	Public improvements cost up to $25,000 – $644.00/plan set (fee includes 3 checks), plus $141.00/plan set for 4th and each of the subsequent checks.		Perform plan check.
		Public improvements cost over $25,000 – $1,579/plan sheet (fee includes 3 checks), plus $259.00/plan sheet for 4th and each of the subsequent checks. $434.00/plan sheet for revisions after encroachment permit issuance.
Inspection		Public improvements cost:		Perform inspection.
		$0 – $15,000	$436.00
		$15,001 – $25,000	$436.00
		(Base + 13.459% of cost above $15K)
		$25,001 – $50,000	$1,781
		(Base + 12.468% of cost above $25K)
		$50,001 – $100,000	$4,898
		(Base + 2.672% of cost above $50K)
		$100,001 – $200,000	$6,234
		(Base + 5.344% of cost above $100K)
		$200,001 – $500,000	$11,578
		(Base + 4.898% of cost above $200K)
		$500,001 – $1,000,000	$26,273
		(Base + 4.631% of cost above $500K)
		Greater than $1,000,000, base + $12,729 for each additional $500K or fraction thereof	$49,428
(j) Electric utility improvements:	17.15.210
Overhead		$132.68 per KVA (up to 4,500 KVA) and $170.00 per KVA (greater than 4,500 KVA).		All additional.
Underground		$224.86 per KVA (up to 4,500 KVA) and $170.00 per KVA (greater than 4,500 KVA). Installation of all subsurface appurtenances and service facilities.		All cables, switches, transformers, meters, etc.
Plan review		$274.00/plan sheet (fee includes 3 checks). $39.00/plan sheet for 4th and each of the subsequent checks. (Applies to permits that have no electric service request and review for conflicts with existing electric infrastructure.)		Perform plan check.
(k) Water utility	17.15.210	$92.00 per front foot.		Furnish and install main.
(l) Sanitary sewers “on-site”	17.15.220	100%: 10" minimum. Plus connection charges (see Table V-A).		All required oversize.
(m) Sanitary sewer outlet charge	17.15.220	$6,947 per net acre or, if allowed, $2,302 per net acre. Plus $8.60 per gallon per day of sanitary sewer discharge (as calculated by City using the Santa Clara Water Pollution Control Plant – Specific Use Codes and Sewage Coefficient Table).		Maximum unit credits earned, if $6,947 per net acre charged; otherwise, none.
(n) Storm drains “on-site”	17.15.220	100%: 15" minimum.		Maximum unit credits earned.
(o) Storm drains outlet charge	17.15.220	$6,947 per net acre or, if allowed, $2,302 per net acre.		Maximum unit credits earned, if $6,947 per net acre charged; otherwise, none.
(p) Street plan review:				Perform plan check.
Street maintenance		$150.00/plan sheet (fee includes 3 checks). $31.00/plan sheet for 4th and each of the subsequent checks.
Parkways and boulevards		$153.00/plan sheet (fee includes 3 checks). $31.00/plan sheet for 4th and each of the subsequent checks.
Note: When front footage calculations are required for distribution of costs, a corner lot reduction as defined in SCCC 17.15.010 shall be used.

3 100% – 40 ft. minimum width when zoned residentially. If street improvements exist in the residential area, charges shall be on the basis of per front foot (see Table IV).

4 5-1/2 ft. minimum in blocks where utility poles are adjacent to curb.

(Ord. 1312, 5-6-75; Ord. 1386 § 1, 8-28-79; Ord. 1456 § 2, 8-82; Ord. 1485 § 1, 11-29-83; Ord. 1511 § 1, 10-30-84; Ord. 1542 § 9, 5-27-86; Ord. 1558 § 1, 11-4-86; Ord. 1581 §§ 3, 4, 6, 7, 8, 10, 3-1-88; Res. 5628, 7-2-91; Res. 5715, 6-24-92; Res. 5829, 7-6-93; Res. 5913, 6-21-94; Res. 6027, 6-13-95; Res. 6188, 6-11-96; Res. 6307, 6-10-97; Res. 6440, 6-9-98; Res. 6588, 6-15-99; Res. 6709, 6-20-00; Res. 6813, 6-12-01; Res. 7031, 6-10-03; Res. 7136, 6-8-04; Res. 7232 § 1, 6-7-05; Res. 7331, 6-6-06; Res. 7418, 6-5-07; Res. 7631, 6-9-09; Res. 7643, 6-23-09; Res. 7740, 6-15-10; Res. 7741, 6-15-10; Res. 7859, 6-14-11; Res. 7941, 6-12-12; Res. 8226, 4-21-15; Res. 8322, 5-10-16; Res. 8423, 4-18-17; Res. 8518, 5-8-18; Res. 8738, 7-16-19; Res. 8780, 11-19-19).

Table II-A
Type of Users	Electric Power Facilities
Type of Users	Overhead	Underground
(1) Residential developments:
Single-family residential lots	$1,121.45 per lot	$1,653.21 per lot
Multiple-family residential lots including condominiums and planned unit developments	$689.72 per living unit	$1,474.20 per living unit
(2) Commercial, institutional and industrial developments:
Commercial and institutional	$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA)	$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA)
Industrial	$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA)	$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA)
(3) Individual, single-family residential lot developments within city limits, as described in Chapter CCCV, 1866 Statutes of California:	Redevelopment	New development
Single-family residential lots	No charge	$1,653.21 per lot

Note: Any redevelopment, other than overhead-serviced, single-family residence lots, shall be considered as new development under (1) or (2) above.

(Ord. 1312, 5-6-75; Ord. 1372 § 1, 2-7-78; Ord. 1386 § 1, 8-28-79; Ord. 1456 § 1C, 8-31-82; Ord. 1485 § 1, 11-29-83; Ord. 1511 § 2, 10-30-84; Ord. 1542 § 9, 5-27-86; Ord. 1558 § 1, 11-4-86; Ord. 1581 §§ 3, 4, 6, 7, 8, 10, 3-1-88; Res. 5628 – fees effective 7-2-91; Res. 5829, 7-6-93; Res. 5913, 6-21-94; Res. 6027, 6-13-95; Res. 6188, 6-11-96; Res. 6440, 6-9-98; Res. 6588, 6-15-99; Res. 6813, 6-12-01; Res. 7031, 6-10-03; Res. 7941, 6-12-12; Res. 8226, 4-21-15; Res. 8322, 5-10-16; Res. 8423, 4-18-17; Res. 8518, 5-8-18; Res. 8738, 7-16-19).

Table III
Action	Dedication Required	Street Improvements Required
Final Map	Yes	Yes
Parcel Map	Yes	Yes
Zoning	Yes	Yes
Residential: Any single private improvement or any series of private improvements made within a three-year period involving 800 or more square feet of any new construction, addition, or reconstruction.*	Yes	Yes
Nonresidential: Any single private improvement or any series of private improvements made within a three-year period valued at $200,000 or more.	Yes	Yes

Dedication of easements and rights-of-way for street purposes, including the installation of street improvements, may not be required by the City in connection with:

(a) Residential. The granting of building permit(s) involving:

(1) Any single private improvement less than 800 square feet of any new construction, addition, or reconstruction*; or

(2) Any series of private improvements made within a three-year period that are cumulatively less than 800 square feet of any new construction, addition, or reconstruction.*

(b) Nonresidential. The granting of building permit(s) involving:

(1) Any single private improvement valued at less than $200,000; or

(2) Any series of private improvements made within a three-year period that are cumulatively valued at less than $200,000.

Provided further, if the Planning Commission finds, on appeal, that the proposed activity has a significant impact on the immediate area, the developer shall be required to grant to the City, without cost, all dedications required for street purposes, including the installation of street improvements to serve the property of the developer.

* Reconstruction is any work involving the removal of at least 50 percent of exterior wall(s). Interior remodeling is not reconstruction.

(Ord. 1312 § 1, 5-6-75; Ord. 1372 § 1, 2-7-78; Ord. 1408 § 1, 9-30-80; Ord. 1486 § 1, 12-6-83; Ord. 1581 § 5, 3-1-88; Res. 6027, 6-13-95; Res. 6588, 6-15-99; Res. 7136, 6-8-04; Res. 7232 § 1, 6-7-05; Res. 7663, 8-25-09).

Table IV
Existing Improvements
Facility	Unit Charge
(a) Cost of acquisition of right-of-way and/or easements	Original cost per square foot.
(b) Street improvements: Residential Commercial Industrial, trailer courts and mobile homes	$97.60 per front foot. $207.00 per front foot. $149.00 per front foot.
(c) Street curbing	$35.60 per front foot.
(d) Sidewalk improvements	$14.20 per square foot.
(e) Street name signs	$0.25 per front foot.
(f) Street lighting: Overhead Underground	$6.95 per front foot. $25.37 per front foot.
(g) Electric system:	(See SCCC 17.15.090, 17.15.210 and Table II-A)
Overhead residential
Underground
Single-family	$3,248.51 per lot.
Multiple-family	$1,736.40 per unit.
Commercial and institutional	$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA).
Industrial	$132.68 per KVA (up to 4,500 KVA) and $224.86 per KVA (greater than 4,500 KVA).
(h) Water mains	$92.00 per front foot.
(i) Sanitary sewers	$35.50 per front foot.
(j) Storm drains	$35.50 per front foot.

(Ord. 1312 § 1, 5-6-75; Ord. 1372 § 3, 2-7-78; Ord. 1386 § 1, 8-28-79; Ord. 1456 § 1G, 8-31-82; Ord. 1485 § 1, 11-29-83; Ord. 1511 § 3, 10-30-84; Ord. 1542 § 7, 5-27-86; Ord. 1558 § 1, 11-4-86; Ord. 1581 § 9, 3-1-88; Res. 5628, 7-2-91; Res. 5715, 6-24-92; Res. 5829, 7-6-93; Res. 5913, 6-21-94; Res. 6027, 6-13-95; Res. 6188, 6-11-96; Res. 6307, 6-10-97; Res. 6440, 6-9-98; Res. 6588, 6-15-99; Res. 6709, 6-20-00; Res. 6813, 6-12-01; Res. 7031, 6-10-03; Res. 7136, 6-8-04; Res. 7232 § 1, 6-7-05; Res. 7331, 6-6-06; Res. 7418, 6-5-07; Res. 7631, 6-9-09; Res. 7740, 6-15-10; Res. 7859, 6-14-11; Res. 7941, 6-12-12; Res. 8226, 4-21-15; Res. 8322, 5-10-16; Res. 8423, 4-18-17; Res. 8518, 5-8-18; Res. 8738, 7-16-19; Res. 8780, 11-19-19).

Table V

SANITARY SEWER CONNECTION SCHEDULE

(Wastewater Treatment Plant Capacity Fee)

RESIDENTIAL: One thousand one hundred eighty-seven dollars ($1,187) per dwelling unit and seven hundred forty-seven dollars ($747.00) per accessory dwelling unit.

NONRESIDENTIAL: Four dollars and forty-seven cents ($4.47) per gallon per day for sewer flow capacity as computed on the basis of projected land use as determined by the City.

The above charges shall be applicable to all projects for which building permits are issued on and after January 1, 1984. (SCCC 17.15.220(e))

WATER SERVICE CONNECTION

SERVICE SIZE	WATER SERVICE CONNECTION FEE	WATER METER FEE AND BACKFLOW PREVENTER DEVICE FEE	TOTAL WATER DEPT FEE
SERVICE SIZE	SERVICE LATERAL	WATER METER FEE AND BACKFLOW PREVENTER DEVICE FEE	TOTAL WATER DEPT FEE
5/8" x 3/4"	$18,291	$107	$18,398
1"	$18,291	$600	$18,891
1.5"	$18,291	$1,111	$19,402
2"	$18,291	$1,359	$19,650
3" (2-2" meters & RPs)	$39,813	$1,975	$41,788
4"	$40,447	$2,361	$42,808
4" (dual meters & RPs)	$40,447	$4,722	$45,169
6"	$40,847	$4,817	$45,664
6" (dual meters & RPs)	$40,847	$9,634	$50,481
8"	$41,817	$19,716	$61,533
8" (dual meters & RPs)	$41,817	$39,432	$81,249
10"	Estimated	Estimated	Estimated

Public Works Department encroachment permit fees are not included.

1. Charges for other sizes of service shall be based on the cost of material expended for each installation.

2. Where not applicable, deduct itemized costs from total fee. Where backflow preventer for 5/8" x 3/4" and 1" water service size is not applicable, deduct $107.

3. Where the City or entity with jurisdiction prohibits the open trenching of a public street, there will be additional charge for the necessary boring.

4. Water upgrade fees shall be based on cost of material and labor expended for each installation. (SCCC 17.15.280(a))

FIRE SERVICE CONNECTION

SERVICE SIZE	SERVICE INSTALLATION	BACKFLOW PREVENTER (DEVICE)
SERVICE SIZE	SERVICE INSTALLATION	DCDA	RPDA
2"	$19,816	–	–
4"	$42,188	$2,570	$3,264
6"	$44,138	$3,824	$4,670
8"	$50,085	$7,337	$8,892
10"	$57,515	$11,300	$12,368
Special Fire Hydrant	$35,493

SERVICE SIZE	SERVICE UPGRADE	BACKFLOW PREVENTER (DEVICE)
SERVICE SIZE	SERVICE UPGRADE	DCDA	RPDA
2"	–	–	–
4"	$17,478	$2,570	$3,264
6"	$19,428	$3,824	$4,670
8"	$21,637	$7,337	$8,892
10"	$29,067	$11,300	$12,368

Public Works Department encroachment permit fees are not included.

1. Charges for other sizes shall be based on the cost of material and labor expended for each installation.

2. Where Fire Marshal requires that developer provide on-site fire protection and will accept in lieu thereof a municipal hydrant located in the public right-of-way, City may, at its option, install at developer’s expense such hydrant at less than the normal hydrant spacing. (SCCC 17.15.280(b))

SEWER SERVICE LATERALS

(By City Forces)

SEWER SERVICE SIZE	SEWER LATERAL INSTALLATION
4"	$35,289
6"	$35,289
8"	$35,289

Public Works Department encroachment permit fees are not included.

1. Sewer laterals are normally installed by the developer unless unusual or special conditions warrant City installing the lateral.

2. The above costs provide for a lateral from the sewer main to the property line only.

3. For four-inch sewer lateral cleanout installation at right-of-way line, add $1,658.

4. For six-inch or larger sewer lateral cleanout installation at right-of-way line, add $8,206.

5. Where the City or entity with jurisdiction prohibits the open trenching of a public street, an additional charge shall be made for the necessary boring.

6. Charges for sizes other than listed above and any necessary boring shall be based on the cost of material and labor expended for each installation. (SCCC 17.15.280(c))

(Ord. 1312, 5-6-75; Ord. 1372, 2-7-78; Ord. 1386, 8-28-79; Ord. 1456, 8-31-82; Ord. 1511, 10-30-84; Ord. 1542, 5-27-86; Ord. 1558, 11-4-86; Ord. 1581, 3-1-88; Res. 5628 – fees effective 7-2-91; Res. 5829, 7-6-93; Res. 5913, 6-21-94; Res. 6027, 6-13-95; Res. 6188, 6-11-96; Res. 6307, 6-10-97; Res. 6440, 6-9-98; Res. 6588, 6-15-99; Res. 6709, 6-20-00; Res. 6813, 6-12-01; Res. 7031, 6-10-03; Res. 7136, 6-8-04; Res. 7232 § 1, 6-7-05; Res. 7331, 6-6-06; Res. 7418, 6-5-07; Res. 7631, 6-9-09; Res. 7643, 6-23-09; Res. 7740, 6-15-10; Res. 7859, 6-14-11; Res. 7941, 6-12-12; Res. 8226, 4-21-15; Res. 8322, 5-10-16; Res. 8423, 4-18-17; Res. 8518, 5-8-18; Res. 8738, 7-16-19; Res. 8780, 11-19-19).