A.
In
order to implement the goals and objectives of the county general
plan and to mitigate impacts caused by new development within the
county, public facilities fees are necessary. The fees are needed
to finance public facilities and to assure that new development pays
its fair share for these improvements.
B.
Title 7, Chapter 5, Section 66000 et seq., of the California Government Code provides that public facilities fees may be enacted and imposed on development projects. The board of supervisors finds and determines that:
1.
New
development projects cause the need for construction, expansion or
improvement of public facilities within the county;
2.
Funds
for construction, expansion or improvement of public facilities are
not available to accommodate needs caused by development projects
which results in inadequate public facilities within Merced County.
C.
The
board of supervisors 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.
D.
Failure
to enact public facility fees will subject county residents to conditions
perilous to their health and/or safety.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
The public facility fees enacted pursuant to this chapter are
to be collected before the issuance of building permits or at the
earliest time permitted by law as determined by the public works director
or designee.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
The ordinance codified in this chapter is adopted under the authority of Title 7, Chapter 5 of the California Government Code Section 66000 et seq.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
Words when used in this title and in resolutions adopted pursuant
thereto shall have the following meanings:
means the board of supervisors of the county.
means the county of Merced, a general law county organized
and existing under the Constitution and laws of the state of California.
means any project undertaken for the purpose of development.
"Development project" includes a project involving the
issuance of a permit for construction or reconstruction, but not a
permit to operate.
means a monetary exaction, other than a tax or special assessment,
which is charged by a local agency 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.
includes public improvements, public services and community
amenities.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
A.
In
establishing and imposing a fee as a condition of approval of a development
project, the following shall be done:
1.
Identify
the purpose of the fee;
2.
Identify
the use to which the fee is to be put;
3.
Determine
how there is a reasonable relationship between the fees used and the
type of development on which the fee is imposed; and
4.
Determine
that 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.
B.
The
county before establishing a capital facility fee as a condition of
approval of development projects, shall determine that 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 on which the fee is imposed.
C.
Upon
receipt of a fee subject to this title, the county shall deposit,
invest, account for and expend the fees pursuant to California Government
Code Section 66006.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
A.
The
auditor-controller shall report to the board once each fiscal year
any portion of a fee remaining unexpended or uncommitted in an account
five or more years after deposit and identify the purpose for which
the fee was collected. The board of supervisors shall make findings
once each fiscal year with respect to any portion of the fee remaining
unexpended or uncommitted in its account five or more years after
deposit of the fee, to identify the purpose to which the fee is put
and to demonstrate a reasonable relationship between the fee and the
purpose for which it was charged.
B.
A refund
of unexpended or uncommitted fees for which a need cannot be demonstrated
along with accrued interest may be made to the current owner(s) of
the development project(s) on a prorated basis. The auditor-controller
may refund unexpended and uncommitted fees that have been found by
the board to be no longer needed, by direct payment or by offsetting
other obligations owed to the county by the current owner(s) of the
development project(s).
C.
If
the administrative costs of refunding unexpended and uncommitted revenues
collected pursuant to this section exceed the amount to be refunded,
the county, after a public hearing for which notice has been published
pursuant to Government Code Section 6061 and posted in three prominent
places within the area of the development project, may determine that
the revenues shall be allocated for some other purpose for which the
fees are collected subject to this chapter that serve the project
on which the fee was originally imposed.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
A.
Prior
to the issuance of any building permit, the applicant shall pay to
the person or agency designated by the public works director the fees
adopted by resolution.
B.
The
fee shall be determined by the fee schedule in effect on the date
the vesting tentative map or vesting parcel map is approved, or the
date a permit is issued.
C.
When
application is made for a new building permit following the expiration
of a previously issued building permit for which fees were paid, the
fee payment shall not be required, unless the fee schedule has been
amended during the interim, in this event the appropriate increase
or decrease shall be imposed.
D.
In
the event that subsequent development occurs with respect to property
for which fees have been paid, additional fees shall be required only
for additional square footage of development that was not included
in computing the prior fee.
E.
When
a fee is paid for a development project and that project is subsequently
reduced so that it is entitled to a lower fee, the county shall issue
a partial refund of the fee.
F.
When
a fee is paid for a development project and the project is subsequently
abandoned without any further action beyond the obtaining of a building
permit, the payer shall be entitled to a refund of the fee paid, less
the administrative portion of the fee.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
Fees paid under this chapter shall be held in separate public
facility accounts to be expended for the purpose for which they were
collected by the auditor-controller. The auditor-controller shall
retain fee interest accrued and allocate it to the accounts for which
the original fee was imposed.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
No fee may be applied by a local agency to the reconstruction
of any residential, commercial or industrial development project that
is damaged or destroyed as a result of a natural disaster as declared
by the Governor.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
Pursuant to Title 14 Code of Regulations Sections 15061 and 15273(4), this chapter is exempt from the California Environmental Quality Act.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
A.
The
county has adopted 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
facility fees.
B.
The
office of the chief executive shall annually submit the capital improvement
plan to the board of supervisors for adoption at a noticed public
hearing.
C.
The
public facility fees schedule adopted by the board of supervisors
shall be annually reviewed by the board for consistency with the capital
improvement plan.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
The adoption of public facility fees is a legislative act and
shall be enacted by resolution after a noticed public hearing before
the board of supervisors.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
This chapter and any subsequent amendment to the public facilities
fee program shall be read together. With respect to any public facility
fee enacted by resolution under this chapter, any provision of such
a public facility fee which is in conflict with this title shall be
void.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
Should any provision of this chapter or a subsequent amendment
to the public facilities fee program be held by a court of competent
jurisdiction to be either invalid, void or unenforceable, the remaining
provisions of this title and the public facilities fee program shall
remain in full force and effect.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
A.
A developer
of any project subject to the fee described in this chapter may apply
to the board of supervisors for reduction or adjustment to that fee,
or a waiver of that fee, based upon the 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.
B.
The
application shall be made in writing and filed with the clerk of the
board not later than: (1) 10 days prior to the public hearing on the
development permit application for the project; or (2) if no development
permit is required, at the time of the filing of the request for a
building permit. The application shall state in detail the factual
basis for the claim of waiver, reduction or adjustment.
C.
The
board of supervisors shall consider the application at a public hearing
held within 60 days after the filing of the fee adjustment application.
The department of planning and community development shall prepare
a staff report and recommendation for board consideration. The decision
of the board of supervisors shall be final. If a reduction, adjustment
or waiver is granted, any change in use within the project shall invalidate
the waiver, adjustment or reduction of the fee.
(Ord. 1641 § 1, 2000; Ord. 1912 § 10, 2013; Ord. 1936 § 10, 2015)
