[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.
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.
