Note: Prior ordinance history: Ords. 2402, 2637 and 3952.
The city council finds and declares that the purpose of this
chapter is as follows:
A.
The
city must be provided, in a time frame related to its development,
with an adequate level of public facilities so as to maintain adequate
levels of public services.
B.
New
development, and the expansion of existing development, within the
city imposes a burden on the existing public facilities and creates
a need for additional public facilities. Such burdens may vary by
the type of land use.
C.
Analysis
of the current land use within the city makes it possible to estimate
the burden or need for various public facilities generated by different
types of land uses. Analysis of the land use expected at buildout
of the city pursuant to the general plan makes it possible to estimate
the type and amount of public facilities necessary to support that
additional land use. It is therefore possible to construct a fee,
imposed on new development, which equitably spreads the burden of
public facilities to development which creates the need for them.
It is the intent of this chapter to create such a fee, spreading costs
of public facilities to development which creates the need for such
public facilities, without generating any surplus to the general fund.
It is the further purpose of this chapter to implement the general
plan by assuring that adequate public facilities are financed and
provided to serve the city.
D.
The
fee established by this chapter has been calculated in the manner
set forth in the study, as hereinafter defined, so as to pay for those
facilities listed in the study.
E.
The
fee established by this chapter is in addition to any other fees or
charges required by law as a condition of development.
F.
The
fee established by this chapter is to be collected for public facilities
for which an account has been established.
G.
That
the failure to impose the conditions and regulations of this chapter
relating to payment of the fee on building permits would jeopardize
residents of the community, in that it would permit construction to
proceed without adequate public facilities or means of financing said
public facilities.
H.
The
requirement of this chapter to pay the fee is necessary in order to
assure compliance with the applicable zoning ordinance and general
plan requirements for the facilities funded by this chapter.
I.
That
for a period of greater than 10 days prior to adoption of this chapter,
data has been available to the public and to developers and their
representatives indicating the cost or estimated cost of all the facilities
to be funded, the revenue sources anticipated and the means of spreading
these costs.
J.
That
the city council has considered the effect of the fee imposed by this
chapter with respect to the housing needs of the city as a whole and
of the region, particularly as required by the housing element of
the general plan, and the city council finds that this chapter does
not unduly adversely affect the city’s ability to provide for
such needs.
K.
That
the establishment of the fee is for the purpose of obtaining funds
for capital projects, necessary to maintain service required by the
general plan within existing service areas and existing portions of
the city which are developed or for which land use has already been
granted.
(Ord. 4043 § 1, 2004; Ord. 4606 § 1, 2008)
The following words are defined for purposes of this chapter
as follows:
means the permit issued or required by the city for the construction
of any structure pursuant to and as defined by the building code.
means the administrative services director/city treasurer
of the City of Roseville.
mean those public facilities, improvements or infrastructure
shown and included in the study, including ancillary uses and appurtenances.
means the fee established by this chapter. The fee shall
be collected prior to the approval of any building permit. The fee
shall be used solely to finance the facilities.
means a site plan of property proposed for development showing
all required improvements that must be approved by the city prior
to the issuance of a building permit for the property.
means that special interest-bearing fund established pursuant to Section 4.52.030.
mean buildings or other improvements owned by the City of
Roseville or Placer County.
means the “Public Facilities Fee Impact Study”
prepared by MuniFinancial and dated November 20, 2003, and the Public
Facilities Fee Impact Fee Update prepared by MuniFinancial and dated
November 7, 2007, and the Public Facilities Fee Update prepared by
Economic & Planning Systems, Inc. prepared for the fee increase
effective October 1, 2015. The Study and Fee Update are on file in
the office of the city clerk.
(Ord. 4043 § 1, 2004; Ord. 4606 § 1, 2008; Ord. 5515 § 1, 2015)
The finance director is directed to establish a special interest-bearing
fund entitled the public facilities fund. All fees collected pursuant
to this chapter shall be deposited in the public facilities fund and
expended solely to finance the facilities.
(Ord. 4043 § 1, 2004)
Except as otherwise provided by this chapter, the fee imposed
pursuant to this chapter shall be paid at or prior to the issuance
of any building permit. Calculation of the fee shall be determined
in accordance with the Study and this chapter, the type of development
and the extent of development. Descriptions of land use categories
in this chapter, except as otherwise noted, are utilized in the same
manner as in the general plan. Public facilities are exempt from the
public facilities fee.
(Ord. 4043 § 1, 2004)
Effective January 4, 2021, the fee for residential development
shall be: Low density residential (LDR) shall be $3,528.00 per dwelling
unit; Medium density residential (MDR) shall be $3,266.00 per dwelling
unit; Single-family agerestricted shall be $2,352.00 per dwelling
unit.
(Ord. 4043 § 1, 2004; Ord. 4353 § 1, 2006; Ord. 4606 § 1, 2008; Ord. 5515 § 2, 2015; Ord.
6290 § 1, 2020)
Effective January 4, 2021, the fee for commercial or unspecified
development shall be $0.66 per square foot of structure.
(Ord. 4043 § 1, 2004; Ord. 4353 § 1, 2006; Ord. 4606 § 1, 2008; Ord. 5515 § 3, 2015; Ord.
6290 § 2, 2020)
Effective January 4, 2021, the fee for light industrial development
shall be $0.44 per square foot of structure and for general industrial
the fee shall be $0.27 per square foot of structure.
(Ord. 4043 § 1, 2004; Ord. 4353 § 1, 2006; Ord. 4606 § 1, 2008; Ord. 5515 § 4, 2015; Ord.
6290 § 3, 2020)
Effective January 4, 2021, the fee for business/professional
and central business district development shall be $0.89 per square
foot of structure.
(Ord. 4043 § 1, 2004; Ord. 4353 § 1, 2006; Ord. 4606 § 1, 2008; Ord. 5515 § 5, 2015; Ord.
6290 § 4, 2020)
Effective January 4, 2021, the fee for multifamily development
shall be $2,352.00 per dwelling unit. Effective January 4, 2021, the
fee for multifamily age restricted development shall be $1,959.00
per dwelling unit.
(Ord. 5515 § 7, 2015; Ord. 6290 § 5, 2020)
In the event it is unclear which land use category to employ
for a particular development, the fee shall be the fee for commercial
development.
(Ord. 4043 § 1, 2004)
No fee shall be charged for already existing development or
for projects which rebuild or remodel without increasing the square
footage of the project, except as provided in this section.
B.
Where the development or project expands or remodels the same land use, it shall be charged the appropriate fee as provided by Sections 4.52.050 through 4.52.110; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled, and further provided, that no fee shall be charged for the remodeling or expansion of an existing dwelling unit, unless additional dwelling units are added.
(Ord. 4043 § 1, 2004)
A.
A developer
of any project subject to the fee established by this chapter may
apply to the director for a reduction or adjustment to the fee based
upon the absence of any reasonable relationship or nexus between the
impacts of the project and either the amount of the fee or the facilities
to be financed by the fee. The application shall be made in writing
and filed with the director not later than 20 calendar days after
notification of the amount of the fee. The application shall state
in detail the factual basis for the claim of reduction or adjustment
and the amount of the proposed reduction or adjustment. The director
shall consider the application and render his or her decision in writing
not later than 45 calendar days after the filing of the fee adjustment
request. Any person aggrieved by the decision of the director may,
within 20 calendar days thereafter, appeal the decision in writing
to the city council by filing an appeal with the city clerk. The city
council shall consider such appeals within 45 calendar days after
filing. The decision of the city council shall be final. No building
permit shall be issued for the project until the final decision pursuant
to this section has been made. No application for a project shall
be considered final or complete for purposes of the Permit Streamlining
Act (Government Code Section 65920 et seq.), or any other purpose,
until a final decision pursuant to this section has been made.
B.
Notwithstanding the provisions of subsection A, a project proponent or applicant may pay the fee “under protest” and receive a building permit; provided, however, that the application for reduction or adjustment shall thereafter be filed within 10 calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
C.
The
project proponent or applicant applying for a reduction or adjustment
shall have the burden of proof, by a preponderance of the evidence,
that a reasonable relationship or nexus is lacking between the fee,
or the facilities to be financed by the fee, and the particular project.
D.
In the
event of any reduction or adjustment in the fee granted pursuant to
this section, any later change in the use, zoning, or land use designation
for the property involved shall subject the then owner to payment
of the then applicable fee for such new uses, zoning, or land use
designation, whether or not a building permit is required.
(Ord. 4043 § 1, 2004)
The Construction Cost Index (CCI) inflationary fee adjustment
shall become effective July 1, 2013. The fee established by this chapter
shall be adjusted annually July 1st beginning on July 1, 2013 by a
percentage equal to the adjustment rate for the prior year for construction
costs as determined by the director in the preceding June. The director’s
determination shall be based upon averaging the Construction Cost
Index (CCI) for 20 cities and for San Francisco, as published in the
Engineering News Record publication for the preceding 12 months ending
in May. The resultant fee shall be rounded to the nearest dollar figure.
Notwithstanding the foregoing, the inflationary adjustment for July
1, 2015, is hereby suspended for one year.
(Ord. 4043 § 1, 2004; Ord. 4353 § 1, 2006; Ord. 4739 § 7, 2009; Ord. 4854 § 5, 2010; Ord.
4947 § 5, 2011; Ord. 5070 § 2, 2012; Ord. 5515 §
6, 2015)
When the monies in the public facilities fund are disbursed
for use, the fees shall be used to fund the facilities.
(Ord. 4043 § 1, 2004; Ord. 4606 § 1, 2008)
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid by a court of competent
jurisdiction, such invalidity shall not affect the other provisions
of this chapter which can be given effect without the invalid provisions
or its application, and to this end the provisions of this chapter
are severable.
(Ord. 4043 § 1, 2004)
