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)
A. 
The following four development impact mitigation fees are hereby established for development within the City to finance the cost of the following categories of public facilities and improvements required by new development.
1. 
Streets.
2. 
Wastewater treatment and collection facilities.
3. 
Water facilities.
4. 
Community facilities consisting of the following components:
a. 
Law enforcement facilities and equipment;
b. 
Drainage facilities;
c. 
Park and recreation facilities;
d. 
Administrative facilities;
e. 
Fire facilities;
f. 
Library facilities;
g. 
Museum facilities;
h. 
Corporation yard facilities; and including:
i. 
City community facilities fee program update, with periodic updates or fee nexus study and for fee program administration.
B. 
For each development impact fee hereby established, the City Council shall, by resolution implement the fee. The implementing resolution for each fee shall:
1. 
Establish the specific amount of the fee;
2. 
Identify the purpose of the fee;
3. 
Identify the specific use to which the fee is to be put;
4. 
Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
5. 
Determine how there is a reasonable relationship between the need-for the public facility and the impacts caused by the type of development project on which the fee is imposed; and
6. 
Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development project for which the fee is imposed.
C. 
The fees adopted pursuant to this chapter shall be automatically increased annually, on July 1, based on the change in the Engineering News Record 20-Cities Construction Cost Index or other index or method as established in the implementing resolution.
(Ord. 2016-13 § 4)
A. 
For fees paid with building permits, the amount of the fee to be paid shall be that in effect at the time a building permit application is deemed complete provided such fee is paid within 180 days of the completeness determination, unless in the case of extenuating circumstances in issuing the building permit as approved by the City Manager. For fees paid with a final map or a parcel map, the fees shall be those in effect at the time the respective map is submitted to the City for final approval.
B. 
For any nonresidential development project, prior to any change in land use, the applicant for such permit or owner of the property on which the change in land use is to occur shall pay the appropriate development impact mitigation fees prior to issuance of a building permit.
C. 
For residential subdivisions, the applicant or owner shall pay the fee at the time as specified in the project tentative map conditions of approval or as listed below:
1. 
Pursuant to Government Code Section 66007(b), for fee categories in which the City has previously either incurred expenditures and/or liabilities for the cost of facilities, obligated funds for payment of debt service for the cost of facilities, adopted a construction schedule, or in any way expended funds for a fee program project, the fees shall be paid prior to approval of the final map or parcel map for the project.
2. 
For other fee categories not included in subsection (C)(1) above, the fees shall be paid in a lump sum for all the lots within the map, or the map for a particular phase, as applicable, when the first dwelling unit receives its final inspection or certificate of occupancy, except if the owner has executed a fee payment agreement per subsection G below which provides for payment with each building permit.
3. 
For affordable housing units as defined in applicable State law, fees shall be payable prior to final inspection and/or certificate of occupancy, whichever occurs first.
D. 
Notwithstanding the subsections A and B above, in the event water and/or wastewater connections are requested prior to a building permit, fees for those facilities shall be paid prior to approval of the connection.
E. 
No permits or extensions of permits for any development project for which development impact fees pursuant to this chapter are due shall be granted unless and until the appropriate development impact mitigation fees required have been paid to the City.
F. 
A change of land use project shall pay the difference between the current development impact fee for the then existing land use compared to the current development impact fee for the changed or succeeding land use. If the fee for the changed land use is less than that of the then existing land use, no refund shall be made.
G. 
For residential projects, pursuant to Government Code Section 66007, payment of fees may be deferred upon execution of a fee-deferral contract. All costs associated with preparation and execution of the contract shall be paid by the property owner. Such fee deferral contracts shall be written to City Attorney approval and may be executed by the City Manager on behalf of the City. Any fee deferral agreement that provides for deferral of payment to after issuance of a building permit shall be approved by the City Council at their discretion.
H. 
In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which development impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.
I. 
Funds may be used to provide refunds as described in Section 15.06.100.
J. 
The obligation to pay impact fees under this chapter shall not replace an applicant's obligation to mitigate development project impacts in accordance with other requirements of State or local law, nor to provide facilities that meet City public improvement standards and other regulatory requirements.
(Ord. 2016-13 § 4)
A. 
Fees collected pursuant to this chapter shall be deposited in an interest-bearing fund. A separate fund for the fee categories specified in Section 15.06.040 shall be established. For purposes of this chapter, they are referred to in aggregate as the "development impact fee fund" and may be an account or accounts in the City's financial system as established by the City Manager.
B. 
Monies within each fund may be expended only by appropriation by the City Council for specific projects as described in the implementing resolution, including applicable financing costs, or to the City or developers entitled to reimbursement for construction of fee program facilities under this chapter.
C. 
The City Manager shall have the authority to make loans among the development impact fee funds to assure adequate cash flow. Loans that extend beyond the fiscal year shall be charged interest at the same rate as that earned on other City funds.
D. 
Fees subject to this chapter shall be deposited, invested, accounted for and expended at the sole discretion of the City Council pursuant to California Government Code Section 66006. The fees shall be held in the special funds established pursuant to this chapter to be expended for the purpose for which they were collected. Any interest income earned by monies in the special funds established pursuant to this chapter shall also be deposited in that fund and shall be expended only for the purpose for which the fee was collected.
E. 
For the fifth fiscal year following the first deposit into the fund, and every five years thereafter, the City Council shall make findings with respect to that portion of the fund remaining unexpended pursuant to California Code Section 66001.
F. 
The City Council shall order a refund of unexpended or uncommitted fees for which a need cannot be demonstrated, along with accrued interest, to the then current owner(s) of lots or units of the development project(s) on a prorated basis. The Finance Director may refund these fees by direct payment or by offsetting other obligations owed to the City by the then-current record owner(s) of the development project(s).
G. 
Fees may not be pre-paid unless specified otherwise in a fee payment agreement or development agreement approved by the City Council.
(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:
A. 
City projects;
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.
(Ord. 2016-13 § 4)
A. 
In-Lieu Fee Credits for Construction of Improvements.
1. 
A developer that has been required by the City to construct all or any portion of facilities or improvements described in the implementing resolution adopted pursuant to Section 15.06.040(B) may request an in-lieu credit of the specific development impact fee(s) involved for the same development.
2. 
Credit shall only apply against the specific relevant fee(s) involved to which the facility or improvement relates.
3. 
Details of the fee credit shall be as specified in a development impact fee payment agreement between the City and developer. The agreement shall address the specific improvements and timing of the fee program construction project and the development phasing (if any). If the fee payment agreement application is made after payment of any fees, the City is under no obligation to refund any such fees paid.
4. 
Fee credits shall be reserved and credited toward the fee of any subsequent phases of the same development. The City may set a reasonable time limit for reservation of the credit.
B. 
In the event the number of units pre-paid exceeds the number of units in the development, the agreement shall also specify the manner in which the developer is reimbursed for these excess credits. The agreement shall, at a minimum, include the following terms:
1. 
The City's sole reimbursement obligation shall be from other development impact mitigation fees in the same fee category. Recognizing that the City may have other developments with similar fee payment agreements and/or other project obligations in the fee program, the City shall not be obligated to reimburse to developer 100% of future fees as they are received.
2. 
The term of the agreement shall be as specified based on the number of credits and reasonable growth projections. The term shall be a minimum of 10 years and shall not exceed 25 years.
3. 
The amount of the excess credit, expressed in dollars, shall be adjusted annually to include an amount attributable to interest. This amount shall be based on the same index as the fee adjustment specified in Section 15.06.040(C) after subtracting any reimbursement payments made in the previous year.
C. 
Improvements Eligible for Credit. Credit shall only be given for construction of permanent facilities called for in the implementing resolution adopted pursuant to Section 15.06.040(B). Temporary or interim facilities, which are specifically required by the project in order to serve it and do not constitute facilities or improvements specified in the implementing resolution adopted pursuant to Section 15.06.040(B) are not eligible for credit.
D. 
Determination of Credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities, or dedication of land or rights-of-way, shall submit actual cost documentation, including, without limitation, engineering drawings, specifications, and construction cost contracts, and utilize such methods as may be appropriate and acceptable to the City to support the request for credit or reimbursement. Engineering and other "soft" costs shall be limited to 15% of construction cost. The City shall determine whether facilities or improvements are eligible for credit or reimbursement.
E. 
Transferability of Credit—City Council Approval. Credits shall not be transferable from one project or development to another without the approval of the City Council.
(Ord. 2016-13 § 4)
A. 
The City Manager or other person as designated in the implementing resolution, may establish the fee for projects which do not reasonably fall within the fee land use categories established in the implementing resolution adopted pursuant to Section 15.06.040(B). The adjustment shall be made based on the fee program project costs and reasonable pro-rata estimate of the proposed development's demand or impact to the applicable infrastructure and facilities.
B. 
The owner of a project subject to a fee under this chapter may apply to the City Manager for an adjustment to or waiver of that fee. The waiver of this fee shall only be based on the absence of any reasonable relationship between the impact of public facilities of the proposed development and either the amount of the fee charged or the facilities to be financed.
C. 
The application for adjustment or waiver shall be made in writing and filed with the City Clerk no later than 30 days after the formal notification of the fee to be charged. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver.
D. 
It is the intent of this chapter that:
1. 
The land use categories are based on designations which representative of a wide range of specific land uses; thus substantial variation must be shown in order to justify a fee adjustment;
2. 
The City Manager may calculate a fee and/or require additional improvements where the service demand of a particular land use exceeds the standards shown in the definitions or used in determining the improvements needed under the fee program;
3. 
The fee categories shall be considered individually; thus it may occur that a fee adjustment or waiver is made up or down in one category and not another; and
4. 
Where improvements providing capacity for the subject parcel have already been constructed, a downward adjustment of the fee is not appropriate.
E. 
The City Manager shall consider the application at an informal hearing held within 60 days after the filing of the application. The decision of the City Manager is appealable pursuant to Section 15.06.130.
F. 
The applicant bears the burden of proof in presenting substantial evidence to support the application. The City Manager shall consider the following factors in making the determination whether or not to approve the adjustment or waiver:
1. 
The factors identified in Government Code Section 66001:
a. 
The purpose and proposed uses of the fee;
b. 
The type of development;
c. 
The relationship between the fee's use and type of development;
d. 
The need for the improvements and the type of development; and
e. 
The amount of the fee and the portion of it attributable to the development.
2. 
The substance and nature of the evidence including the development impact fee study and the applicant's technical data supporting the request. The applicant must present comparable technical information to show that the fee is inappropriate for the particular development.
(Ord. 2016-13 § 4)
A. 
The City Manager is responsible for administering, collection, crediting, adjusting and refunding development impact mitigation fees. A decision by the City Manager regarding a fee imposed under this chapter is appealable in accordance with this section. A person seeking judicial review shall first seek an appeal under this section.
B. 
A person appealing a decision of the City Manager shall file an appeal in writing with the City Clerk within 60 days of the City Manager's decision, stating the factual and legal grounds and attach supporting information as specified in Section 15.06.128. The City Clerk shall set the matter for hearing before the City Council and notify the person appealing of the time and place.
C. 
The City Council shall conduct the hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The Council shall consider all relevant evidence presented by the appellant, the City Manager or other interested party.
D. 
The decision of the City Council is final, but is subject to judicial review by a court under Code of Civil Procedure Section 1094.5.
E. 
The City adopts the Code of Civil Procedure, Section 1094.5 for the purposes of judicial review under the section. A petition seeking review of a decision under this chapter shall be filed not later than the ninetieth (90th) day following the date on which the decision of the hearing officer becomes final.
F. 
No fee shall be charged for filing an appeal pursuant to this section. However, the City may charge the applicant the reasonable cost of technical review of material submitted by the applicant. In any appeal taken under this section, the amount of the fees established pursuant to this chapter shall be presumed correct, and the appellant shall bear the burden of proof with respect to the inapplicability of any such fee either in whole or in part.
(Ord. 2016-13 § 4)