In order to implement the goals and objectives of the city general plan, and consistent with the exercise of its police power, and to mitigate impacts caused by new development within the city, capital facility fees are necessary. The fees are needed to finance public facilities and to assure that new development pays its fair share for these necessary improvements.
A. 
The city's general police power, Article 11, Section 7, of the California Constitution, and the "Mitigation Fee Act" set forth in Government Code Section 66000 et seq., provide that public facilities fees may be enacted and imposed on development projects. The city council finds and determines that:
1. 
New development projects cause the need for construction, expansion or improvements of public facilities within the city of Waterford;
2. 
Funds for construction, expansion or improvement of public facilities are not currently available, nor are likely to be available, to accommodate needs caused by development projects and this has, and will, result in inadequate facilities within the city of Waterford.
B. 
The city council finds that the public health, safety, peace, morals, convenience, comfort, prosperity and general welfare will be promoted by the adoption of public facilities fees for construction, expansion or improvement of public facilities.
C. 
The city council finds that the failure to enact public facilities fees will subject city residents to conditions perilous to their health and/or safety and their general welfare.
D. 
The city retained professional consulting firms to study the fiscal impacts of growth in the city of Waterford and to study the capital facilities needed to serve the projected growth ("the studies").
E. 
The studies determined facilities needs of the city that include needs generated and needed by, residents of the existing city limits and the prospective new annexation area of the city.
F. 
The city council finds that this chapter properly limits the use of all fees collected to public facilities and improvements attributable to new development, and further limits use of fees to specific categories of facilities and improvements until and unless subsequent evidence justifies reallocation.
G. 
The city council finds that pursuant to the express policies set forth in the Waterford city general plan, new development is to pay its fair share for new public facilities generated as a result of the new development, otherwise the cost of these facilities or the failure to provide such facilities will be disproportionate, and unfairly borne, by other city taxpayers, or will unfairly reduce the level of service provided to present city residents.
H. 
Even though development projects for the purpose of affordable housing and projects that are for secondary dwelling units on existing single-family lots may also contribute to the need for certain public facilities, the city council will not impose fees for these development projects and finds that affordable housing units and secondary dwell-ing units provide a cost-effective means of provid-ing housing necessary for low and moderate income households without public subsidy.
I. 
The city council finds that the provisions of this chapter are consistent with the requirements set forth in Government Code Section 66007(b), and the California Constitution, Article 11, Section 7.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1)
For the purposes of this chapter, the following definitions shall apply:
"Capital facility or public facility"
includes public improvements, buildings, systems, fixtures, and associated capital needs required to provide public services and community amenities.
"City"
means the city of Waterford, a general law city organized and existing under the Constitution and laws of the state of California, and a political subdivision of the state of California.
"City council"
means the city council of the city of Waterford.
"Development project"
means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction of reconstruction, but not a permit to operate.
"Fee"
means a monetary exaction, other than a tax or special assessment which is charged to the 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.
(Ord. 07-04 §1, 2007)
The capital facility fees enacted pursuant to this chapter are to be collected prior to the issuance of building permits or at the earliest time possible permitted by law as determined by the planning director or the city building official.
(Ord. 07-04 §1, 2007)
The ordinance codified in this chapter is adopted under the authority of the laws of the state of California, including the provisions of the Mitigation Fee Act set forth in Government Code Sections 66000 et seq., and as that Act may be amended from time to time, and pursuant to the California Constitution, Article 11, Section 7.
(Ord. 07-04 §1, 2007)
In establishing and imposing a fee as a condition of approval of a development project, the following shall be done:
A. 
Identify the purpose of the fee.
B. 
Identify the use to which the fee is to be put. When the use is for financing public facilities, the facilities should be identified by reference in a capital improvement plan, pursuant to general plan or specific plan requirements, or in other public documents, such as a resolution by the city council that identifies the public facilities for which the fee is charged.
C. 
The city shall, prior to establishing a capital facility fee as a condition of approval of development projects, determine that there is a reasonable relationship between the amount of the fee and the cost of the public facility or facilities attributable to the development on which the fee is imposed.
D. 
Upon receipt of a fee subject to this chapter, the city shall deposit, invest, account for, and expend the fees pursuant to Government Code Section 66006.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1)
A. 
The city manager, or designee, shall report to the city council once each fiscal year a summary of the fees collected, the status of any fee account, and the uses made of the fees deposited in the fee account. This report shall be in conjunction with the reporting requirements set forth in Government Code Section 66006.
B. 
Commencing with the fifth fiscal year following the first deposit into the account fund, and every five years thereafter, the city council shall make the following findings with respect to any fees in the fee account that remain unexpended, whether committed or uncommitted.
C. 
Identify the purpose to which the fee is to be put.
D. 
Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
E. 
Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements previously identified.
F. 
Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
G. 
A refund of unexpended or uncommitted fees that exceeds one thousand dollars for which a need cannot be demonstrated, along with any accrued interest, may be made to the current owner(s) of a development project on a prorated basis. The city council may refund unexpended and uncommitted fees that have been found to be no longer needed, by direct payment or by off-setting other obligations owed to the city by the current owner of the development project(s). Where the unexpended or uncommitted fee balance is less than one thousand dollars, the balance shall be transferred to the administrative and planning impact fee fund.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1)
A. 
Prior to the issuance of any building permit, or permit for development subject to this chapter, the project applicant shall pay to the city the fees adopted by resolution pursuant to this chapter.
B. 
The amount of the fee shall be determined by the fee schedule in effect as of the date of the filing of the completed application.
C. 
When an application is made for a new permit following the expiration of a previously issued permit for which fees were paid, the fee payment shall not be required.
D. 
In the event that the project changes in some manner, any additional fees that become due as a result of the project change shall be required at the time of the application for the amended project.
E. 
When a fee is paid and the project is reduced, a refund may be applied for.
F. 
When a fee is paid for a project that is subsequently abandoned, the applicant may request a refund of the fee paid, minus the administrative portion of the fee.
G. 
No fee shall be assessed pursuant to this article for the reconstruction of any project, except to the extent that the reconstruction application is for square footage greater than the original development, and in that case the fee shall be based on the additional square footage.
(Ord. 07-04 §1, 2007)
Fees paid under this article shall be held in a separate capital facility account to be expended for the purpose for which the fees were collected by the city. The city shall retain any interest accrued and allocate it to the account for which the original fees were imposed. The city shall deposit, invest, account for and expend the fees in accordance with Government Code Section 66006, and as that section may be amended from time to time.
(Ord. 07-04 §1, 2007)
A. 
The adoption of public facilities fees is a legislative act and the specific fee amount authorized pursuant to this article shall be adopted by resolution after a noticed public hearing before the city council. The fees adopted shall be based upon and reflect the need for public facilities as identified in the comprehensive facilities master plan for the city of Waterford, and the city facilities needed to serve growth set forth in the studies.
B. 
All fees shall be automatically adjusted annually for inflation by the city manager. The adjustment shall occur on March 1st of each year in accordance with an annual increase in the Engineering News Record Index for Construction Costs for the twelve-month period ending in the preceding December.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1)
A. 
The project proponent and/or applicant for any project subject to the fee described in this chapter may apply to the city manager or designee for relief from imposition of the fee, reduction of the fee, or waiver of the fee, based on the alleged absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed, or other alleged legal basis for exemption. Such application shall be made in writing and filed with the city manager or designee not later than ten days prior to the public hearing on the development permit application for the project, or if there is no permit requiring a public hearing, the time of filing shall be at the time the application for a building or other permit is submitted to the city. The city manager or designee shall respond in writing within fifteen working days from the submission of the request. Failure to take action within that time shall mean that the request has been denied.
B. 
If the project proponent desires to appeal this administrative determination, the project proponent must apply in writing within ten working days of the date of the denial to the city council together with the set appeal fees. The city council shall consider the application for appeal within forty-five days after the filing of the appeal and fee. The city manager or designee shall prepare a staff report and recommendation for consideration of the appeal to the city council. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted by the city council, any subsequent material change in use regarding the project shall subject such waiver, adjustment or reduction of the fee to reevaluation by the city.
C. 
Reimbursement agreements, or credit against fees required pursuant to this chapter, shall be considered for any project which, as a condition of approval, requires the project to develop or fund any capital facilities included in the capital improvement plan. Such credit shall be subject to the approval of the community development director and/or the city manager in accordance with guidelines established by the city council. The city manager shall determine the basis for calculating the amount of credit for any public improvements developed as a condition of the project's approval. For all improvements, such credit shall be limited to the amount of the fee that would be assessed to the development project and may not be extended to any other project.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1)
The following developments shall be exempt from the requirements of this chapter:
A. 
Senior citizen housing, as described in Section 51.3 of the California Civil Code.
B. 
Residential care facilities for the elderly as described in subsection (o)(1) of Section 1569.2 of the California Health and Safety Code.
C. 
Multi-level facilities for the elderly as described in paragraph (9) of subdivision (d) of Section 15432 of the California Government Code.
D. 
Public buildings and uses owned and operated by the city of Waterford and the county of Stanislaus, unless the fee is otherwise authorized by local, state, or federal law.
E. 
Buildings used as a public school, college or university operated by a public school district, community college district, or the California State University as defined under the California Education Code, unless the fee is otherwise authorized by local, state, or federal law.
F. 
Re-occupancy of square footage in an existing building or structure when there is no change of use as defined by the Capital Facilities Fee Nexus Study.
G. 
Square footage of outdoor dining in the public right-of-way.
H. 
Residential accessory structures as defined in this chapter.
I. 
For nonresidential development, a change of use within an existing building, structure, or area, or any portion thereof, where there is no increase in the total square footage of the use for which the fee was paid and the use has operated for a minimum of three years as demonstrated by: (1) obtaining all of the necessary federal, state, and local permits to operate; (2) obtaining and maintaining an active business license from the city of Waterford during the entire period; and (3) any other evidence deemed necessary by the city.
J. 
For nonresidential development, a change of use within an existing building, structure, or area, or any portion thereof, where there is no increase in the total square footage of the use for which the fee was paid and the use has operated for a minimum of eighteen months as demonstrated by: (1) obtaining all of the necessary federal, state, and local permits to operate; (2) obtaining and maintaining an active business license from the city of Waterford during the entire period; and (3) any other evidence deemed necessary by the city and the new business is relocating its business from within the city of Waterford and said business has had an active business license for a minimum of three years.
K. 
For the reconstruction of any residential, commercial or industrial development project that has been damaged or destroyed as a result of a natural disaster as declared by the Governor of the state of California, or designated locally by the city council.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1; Ord. 2018-03 §1)
The city council may adopt a fee deferral program, or programs, to allow specific development types to pay capital facility fees over a period of time. The city council will adopt the terms, duration, and applicability of the fee deferral program(s) by resolution and the program shall take effect immediately upon its adoption.
(Ord. 2018-03 §1)
This chapter and any subsequent amendment to the public facilities fee program shall be read together. With respect to any public facilities fee enacted by resolution pursuant to this chapter, any provision of such a public facilities fee which is in conflict with this chapter shall be void.
(Ord. 07-04 §1, 2007)
A. 
The city will adopt a capital improvement plan which indicates the approximate location, size, time of availability and estimates of costs for public facilities or improvements to be financed with public facilities fees.
B. 
The city manager shall annually submit the capital improvement plan to the city council for adoption at a noticed public hearing.
C. 
The public facilities fee schedule adopted by the city council shall be annually reviewed by the city council for consistency with the capital improvement plan.
(Ord. 07-04 §1, 2007; Ord. 2015-08 §1)
The provisions of this chapter are intended to be severable, and in the event any provision or requirement provided for under this chapter is determined to be invalid or unenforceable, the remainder of the chapter shall remain in effect.
(Ord. 07-04 §1, 2007)
Violations shall subject the violator to placement of a lien on the subject real property in the amount of the fees, accrued interest, and collection costs, including attorneys' fees. Violators shall be provided a written notice and given thirty days to cure the violations. Any person charged with violation of this chapter may have a hearing before the city council. The procedure for such an appeal is the same as that set forth in Section 3.60.100 above. The decision of the city council shall be final.
(Ord. 07-04 §1, 2007)