The City Council finds and declares as follows:
A. In
order to implement the goals of the City of Plymouth General Plan
and to mitigate the impacts caused by new development in the City,
certain public improvements must be or had to be constructed.
B. Through
the enactment of the Mitigation Fee Act (California
Government Code
Section 66000 et seq.), the State of California has conferred upon
local government un its authority to adopt fees imposed on a specific
project in connection with approval of a development project for the
purpose of defraying all or a portion of the cost of public facilities
related to the development project.
C. That
public facilities, infrastructure, and services are provided by the
City to promote and protect the public health, safety, and welfare.
The City Council also finds that new development within the City will
result in additional growth that will place additional burdens on
various existing facilities, infrastructure, and services.
D. That
new development will generate impacts necessitating the acquisition
of land and construction of public facilities and expansion of services
and infrastructure in order to meet and accommodate the additional
burdens.
E. That
all land uses within the City should bear a proportionate financial
burden in the construction and improvement of public facilities and
services necessary to serve them. The development impact fees provided
in this chapter are based upon costs which are generated through the
need for new facilities and other capital acquisition costs required,
incrementally, by new development within the City. Development impact
fees are necessary in order for new development to pay a fair share
of construction and expansion costs required by the new development.
The development impact fees provided in this chapter do not exceed
the reasonable cost and relate rationally to the reasonable cost of
providing public facilities occasioned by development projects within
the City.
F. That
the fees are consistent with the Plymouth General Plan and that 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.
G. That
while a nexus study supporting any particular impact fee may include
allowances for the cost of debt financing for new projects, the City
is under no obligation to undertake such financing.
(Ord. 2016-13 § 4)
The purpose of this chapter is to implement Plymouth General
Plan requirements and to impose mitigation fees to fund the cost of
certain facilities and services, the demand for which is directly
or indirectly generated by new development described in the General
Plan. The authority to enact and impose these fees includes:
A. The
police power of the City granted under Article XI, Section 7 of the
California State Constitution;
B. The
provisions of the California Environmental Quality Act, Public Resource
Code, Section 21000 et seq., which in general requires that all developments
mitigate environmental impacts;
C. The
provisions of the California
Government Code at Section 65300 et seq.,
regarding general plans and Section 66000 regarding mitigation fees.
(Ord. 2016-13 § 4)
For the purposes of this chapter, the following definitions
will apply:
"Change of land use"
means a change in the use, purpose, character, or intensity
of the use of a building or site, and may occur despite the lack of
change in the zoning classification or the General Plan land use designation.
"Development project"
means any project undertaken for the purpose of development.
The term "development project" shall include, but is not
limited to, a project involving the issuance of a building permit
for construction of single- and multi-family residential units, commercial
or industrial buildings, but does not include a permit to operate.
The term "development project" also shall include additions
to the size of nonresidential buildings and construction of additional
dwelling units on existing developments and permits for erection of
manufactured housing or structures, modular and/or mobile homes as
defined by California State law and any other structure moved into
the City.
"Facilities"
includes public improvements, public services and community
amenities.
"Fee" or "development impact fee"
means a monetary exaction, other than a tax or special assessment, which is charged by the City to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, pursuant to the Mitigation Fee Act (California
Government Code Section 66000 et seq.). A fee or development impact fee does not include fees specified in Section 66477 of the California
Government Code (the Quimby Act, relating to in-lieu payments by subdividers for park and recreational purposes), fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Title
7, Chapter 4, Article 2.5 (commencing with Section 65864) of the California
Government Code.
(Ord. 2016-13 § 4)
If a building permit expires without commencement of construction,
then the fee payer shall be entitled to a refund, without interest,
of the impact fee paid as a condition for its issuance, except that
the City shall retain one percent of the fee to offset a portion of
the costs of collection and refund. The fee payer must submit an application
for such a refund to the City Clerk within 30 calendar days of the
expiration of the permit. Failure to timely submit the required application
for refund shall constitute a waiver of any right to the refund.
(Ord. 2016-13 § 4)
The following developments are exempt from payment of fees described
in this chapter:
B. Projects
constructed or financed with the fees collected pursuant to this chapter;
C. Reconstruction
of, or residential additions to single-family dwellings, but not including
additional dwelling units; and
D. Projects
(or applicable portions) undertaken to modify existing development
to comply with regulatory mandates, such as the Americans with Disabilities
Act and Clean Water and Air Acts.
Any claim of exemption with respect to any one or more of the
development impact mitigation fees must be made within 30 days of
issuance of a fee estimate by the City.
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(Ord. 2016-13 § 4)