The city council finds that the cumulative impact of all new
development under the general plan will result in unacceptable decreases
in public services. To prevent these undesirable consequences, public
facilities must be provided at a rate which will accommodate the expected
growth in the city. The city council acknowledges that the demand
for public facilities is shared by new development as well as by existing
development. The proposed capital facilities fee (formerly known as
the public facilities fee) apportions the cost of the necessary public
improvements among the different categories of new and existing users
according to the reasonably estimated demand that each group of users
places upon public facilities.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
For the purposes of this chapter, the following terms shall
have the meanings indicated in this section:
means an individual or entity submitting an application for
a building permit or other entitlement for development.
means:
means the total amount of potential new development in the
city permitted under the general plan. Future growth is expressed
in terms of gross square footage for industrial and commercial development,
and in terms of the number of dwelling units for residential development.
has the same meaning as set forth in Section 18.08.195 of this code.
means those improvements necessary to provide public safety, community facilities, park improvements and general municipal facilities identified in the Pleasanton Development Impact Fee Nexus Study dated September 2018, and other improvements in connection therewith, as may be determined by the city council from time to time, which are not otherwise provided by, or required of, development within the city pursuant to Titles 18, 19, and 20 of this code. Public facilities shall also include architectural, administrative, engineering, legal, planning, environmental and other services required in connection with the implementation of this chapter and the construction of the foregoing improvements.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
Except as otherwise expressly provided in this chapter, the
capital facilities fee required under this chapter is payable with
respect to each development within the city for which a building permit
or other entitlement for development is issued on or after the effective
date of the fee as adopted in the master fee schedule (on file in
the office of the city clerk).
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
A.
The
amount of the fee shall be determined by the building division prior
to issuance of the building permit, based upon the master fee schedule
(on file in the office of the city clerk).
B.
In the
event a developer is not satisfied with the calculation of the fee
by the building division, he or she may request that the type of land
use and the amount of the capital facilities fee required of the development
be determined by the community development director.
C.
The developer shall be notified in writing of the community development director's determination about the type of land use and the capital facilities fee applicable to the development. Such determination shall be made within 30 days of the community development director's receipt of the report and any other additional materials reasonably requested to assist in making the determination. The developer may appeal the determination of the community development director to the city council in accordance with the provisions of Section 3.22.100 of this chapter.
D.
The
amount of the fee shall be subject to an annual inflation adjustment
on January 1st of each year based upon the Engineering News Record
Construction Cost Index for the San Francisco—Bay Area.
E.
The
amount of the fee shall be reviewed at least every four years.
(Ord. 1764 § 2, 1998; Ord. 2000 § 1, 2009; Ord. 2192 § 2, 2019)
A.
The
full amount of the fee shall be paid at the time of issuance of the
building permit.
B.
No city
official may issue a building permit, certificate of occupancy, or
certify a final inspection, as the case may be, for a development
until the capital facilities fee, with respect to such development
required by this chapter, is paid in accordance with this section.
C.
The
city shall not accept prepayments of the capital facilities fee, unless
prepayment is authorized in a development or other agreement.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
If the developer desires to construct a public facility, the
developer and the city may enter into an agreement regarding a credit
against capital facilities fees due.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
Unless a development or other agreement provides otherwise,
the following projects shall be exempt, in whole or in part, from
the capital facilities fee otherwise required by this chapter:
A.
Residential
development consisting of the repair or replacement, on a one-to-one
basis.
B.
Commercial
or industrial development consisting of the repair or replacement
of structures, provided, that such repair or replacement does not
result in any conversion or change in land use, or any enlargement
of gross floor area beyond that of the previous structure.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
The fees paid pursuant to this chapter shall, except for temporary
investments, be placed in a separate fund in a manner to avoid commingling
of the fees with other revenues or funds of the city, and shall be
used solely for the purpose of acquiring and constructing the public
facilities identified by the city council in the capital facilities
master plan or facilities included in the city's capital improvement
program. Any interest income earned on the fund shall also be deposited
therein and shall only be expended for the purposes set forth in this
section.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
Refunds may be made where:
A.
Development
has ceased, the building permit has expired and no extensions have
been granted, or if granted, the extension(s) has expired; as to a
development for which the fee required under this chapter has been
collected; provided that the claim for such a refund is filed no later
than six months after the expiration date of the building permit,
or any extension thereof as may have been approved by the city, as
the case may be; or
B.
A refund
is specifically authorized by resolution of the city council adopted
pursuant to Government Code Section 66001(d). Such amounts shall be
refunded by the city to the then-current record owners of the development
on a prorated basis. The city may effect such refunding by direct
payment, or by providing credit towards future capital facilities
fees, or by any other means consistent with the intent of Government
Code Section 66001.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
A developer may appeal to the city council any determination
made pursuant to this chapter. All appeals shall be in a form prescribed
by the community development director and shall be filed within 15
days of the date of mailing to the developer any written notice of
the applicable determination. Any appeal not filed within such period
shall be deemed waived. The city council shall set the matter for
hearing within 45 days of the date of receipt by the city clerk of
the notice of the appeal.
(Ord. 1764 § 2, 1998; Ord. 2000 § 1, 2009; Ord. 2192 § 2, 2019)
The fees required by this chapter shall expire when the public
facilities are completed and all debt service related to such public
improvements are paid and satisfied.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
It is the intent of the city council that the fees required
by this chapter shall be supplementary to the fees, dedications or
conditions imposed upon development pursuant to the provisions of
the Subdivision Map Act, California Environmental Quality Act, and
other state laws and city ordinances, policies or conditions which
may authorize the imposition of fees, dedications or conditions thereon.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
The provisions of this chapter shall not apply to any person,
association, corporation or to any property as to whom or which it
is beyond the power of the city to impose the fee provided in this
chapter. If any sentence, clause, section or part of this chapter,
or any fee imposed upon any person or entity is found to be unconstitutional,
illegal, or invalid, such unconstitutionality, illegality or invalidity
shall affect only such sentence, clause, section or part of this chapter,
and shall not affect or impair any of the remaining provisions, sentences,
clauses, sections or other parts of this chapter, or its effect on
other persons or entities. It is declared to be the intention of the
city council that this chapter would have been adopted had such unconstitutional,
illegal, or invalid sentence, clause, section or part of this chapter
had not been included herein; or had such person or entity been expressly
exempted from the application of this chapter. To this end, the provisions
of this chapter are severable.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
