City of Firebaugh, CA
Fresno County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. #04-06, S1; Ord. No. 2016-02]
The City Council of the City of Firebaugh is hereby granted authority to establish and charge development impact fees as a condition of approval of a development project for the purpose of defraying the costs of public facilities (including public improvements, public services and community amenities) related to development projects. Development impact fees may be established and charged to pay for the cost of development of streets and thoroughfares, law enforcement facilities and equipment, fire facilities and equipment, general city facilities, wastewater collection facilities, water supply and holding facilities, water distribution facilities, and parks and recreation facilities.
[Ord. #04-06, S1; Ord. No. 2016-02]
In enacting resolutions establishing and imposing such impact fees, the City Council shall set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimated cost of facilities, describe the reasonable relationship between the fees and the various types of developments, and set forth the time for payment. The City Council may further provide in such resolution that specific limitations will apply to reductions, adjustments, waivers, or deferrals of development impact fees and the City Council may, in such resolution, set forth such specific limitations.
[Ord. #04-06, S1; Ord. No. 2016-02]
Such resolutions shall be adopted in accordance with the provisions of chapter 5 of division 1 of title 7 of the California Government Code (commencing with section 66000).
[Res. No. 2016-25]
a. 
Preface.
WHEREAS, by Ordinance No. 16-02, adopted on August 1, 2016, the City Council (the "City Council") of the City of Firebaugh (the "City") granted authority to establish and charge development and impact fees as a condition of approval of development projects for the purpose of defraying the costs of public facilities (including public improvements, public services and community amenities) related to development projects; and
WHEREAS, pursuant to the State Mitigation Fee Act (Government Code Sections 66000 et seq.) such development impact fees may be established and charged to pay for the cost of development of public facilities, including but not limited to streets and thoroughfares, law enforcement facilities and equipment, fire facilities and equipment, general City facilities, storm drainage facilities, wastewater treatment facilities, wastewater collection facilities, water supply and holding facilities, water distribution facilities, and parks and recreation facilities; and
WHEREAS, in Ordinance No. 16-02, the City Council provided both that in enacting resolutions establishing and imposing such impact fees the City Council shall set forth the specific amount of the fee, describe the benefit and impact areas on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between the fees and the various types of developments, and set forth the time for payment, and that the City Council may further provide in such resolution that specific limitations will apply to reductions, adjustments, waivers, or deferrals of development impact fees and further that the City Council may, in such resolution, set forth such specific limitations; and
WHEREAS, David Taussig & Associates has prepared a report dated May 26, 2016, (Report) which analyzes the impacts of contemplated future development on existing public facilities in the City, along with an analysis of the need for new public facilities and improvements required by new development, and said Report sets forth the relationship between new development, the needed facilities and their estimated costs; and
WHEREAS, City Staff has reviewed the service provisions and development impact cost portions of said Report, thereby independently verifying and validating said Report; and
WHEREAS, the aforesaid David Taussig & Associates (as well as all material supplementary thereto, and all background data referenced in the Report), and a copy of Ordinance 16-02 were available for public inspection and review at the City Clerk's office of the City for a period of at least 10 days prior to the public hearings on this resolution, the Report and the impact fees; and mailed notice was given at least 14 days prior to said hearing to any interested person who filed a written request (if any) with the City for mailed notice of the public hearing; and
WHEREAS, said public hearing was also noticed pursuant to and in compliance with Government Code Section 6062a, and was held as part of a regularly scheduled meeting of the City Council; and
WHEREAS, said public hearing on adoption of this resolution, the Report and the impact fees referred to by the Firebaugh City Council will hold a public hearing at 1655 13th St., Firebaugh, California on Monday, July 18, 2016 at 6:00 p.m., at which all interested were given an opportunity to be heard; and
WHEREAS, the City Council has duly considered all oral and written testimony presented at or prior to the Public hearing. This resolution and staff report has been available for review at City Hall, 1133 P St, Firebaugh, CA 93622 and/or considered all received call (559) 659-2043 from 8am-4pm.
NOW THEREFORE, in accordance with the provisions of Ordinance No. 16-02 and Government Code Sections 66000, et seq., and based on all the evidence in the record, the City Council of the City of Firebaugh resolves, finds and determines as follows below.
[Res. No. 2016-25]
b. 
Adoption of Development Impact Fees; Fee Schedule.
1. 
All provisions set forth above are true and correct and are hereby incorporated herein by reference as findings. The David Taussig & Associates Report incorporated herein by reference. [1]
[1]
Editor's Note: The report may be found in the City offices.
2. 
The purpose of the fees set forth herein is to finance expanded or new public facilities to reduce the impacts on public facilities caused by new development.
3. 
The City Council hereby adopts and approves the previously mentioned David Taussig & Associates Report, following the public hearing on the matter and the same is incorporated herein, and the City Council further finds that new development in the City will generate additional demands on public facilities throughout the City, and will contribute to the impact upon public facilities.
4. 
Establishing and imposing updated development impact fees as described in the David Taussig & Associates Report is necessary and proper to defray the cost of development of public facilities related to development projects, including without limitation, streets and thoroughfares, law enforcement facilities and equipment, fire facilities and equipment, general City facilities, storm drainage facilities, wastewater treatment facilities, wastewater collection facilities, water supply and holding facilities, water distribution facilities, and parks and recreation facilities in and for the City.
5. 
The specific amount of each updated development impact fee, the description of all the benefit and impact area on which each development impact fee is imposed, the listing of the specific public improvements to be financed by each such fee, the description of the estimated cost of the facilities, the description of the reasonable relationship between the fees and the various types of developments, and the time for payment set forth in the David Taussig & Associates Report and below in this resolution on which they will be imposed, are proper and necessary and, as all the information and data upon which the fees are based is correct and accurate.
6. 
The specific amount of development impact fees are hereby updated, modified and imposed and are based upon the impact costs by land use as set forth in the table below:
City of Firebaugh
Development Impact Fee Summary
City of Firebaugh
Development Impact Fees per Unit (Residential)/per 1,000 Building Square Feet
(Non-Residential)
Traffic
Fire
Police
Storm Drain
Waste Water
Water
Parks & Rec.
Admin.
Total Fees
Single Family Residential
$1,007
$951
$740
$895
$1,847
$1,571
$4,133
$334
$11,479
Multi-Family Residential
$584
$761
$592
$716
$1,477
$1,257
$3,607
$261
$8,955
Retail
$3,755
$479
$373
$451
$960
$791
$2,081
$266
$9,126
Office
$3,755
$359
$279
$338
$697
$593
$1,561
$228
$7,811
Institutional
$1,878
$180
$140
$169
$349
$297
NA
$90
$3,102
Industrial
$977
$120
$93
$113
$232
$198
$520
$68
$2,320
7. 
The benefit and impact areas on which the development impact fees are imposed are as described in the Report and annexations to the City after the adoption of said documents. The amount of each fee specified in Paragraph 6 does not exceed the reasonable cost of providing the public facility for which the fee is imposed.
8. 
That facts and evidence in the record also establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development described hereinabove, for which the corresponding fee is charged, and also, there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexuses are in more detail described in the David Taussig & Associates Report.
9. 
Payment of the impact fees established and imposed by this resolution shall be made at the time of issuance of a building permit for any work or improvement, or at such earlier date as allowed by State law, provided, however, that an applicant for a building permit for a residential development may request that payment be deferred until the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. Said request shall be approved when the property owner signs a contract, approved by the City Attorney, relating to the payment of the deferred fees. The contract shall be recorded on the title to the subject property, shall be a lien on such property, and shall be binding on the owner and all successors in interest to the property.
10. 
The fees set forth herein are consistent with the City's General Plan and the City Council has considered the effects of the fees with respect to the City's housing needs (as established in the Housing Element of the General Plan) and the regional housing needs.
11. 
Pursuant to California Government Code Section 66017, the fees adopted and approved by this resolution shall be in full force and effect and shall be collected beginning 60 days from and after its adoption, and shall further, apply to any developments heretofore approved by the City Planning Commission or City Council.[2]
[2]
Editor's Note: The fees were adopted July 18, 2016, by Res. No. 2016-25.