The purpose of this chapter is to further the goals of the city's general plan childcare element through the imposition of a childcare development fee. The city council enacts this chapter in accordance with the authority granted to cities in Article
XI, Section 7 of the California Constitution.
(Ord. 03-22)
The city council of the city of West Sacramento, California
(hereinafter referred to as the "city") finds and determines as follows:
A. Growth
of the city and new construction contributes to the demand for childcare
facilities for all age levels of children.
B. Without
adequate childcare facilities more children are potentially at risk.
C. To
mitigate this situation and to encourage the development of childcare
facilities, this chapter shall require that new construction within
the city contribute to the cost of providing new childcare facilities
and equipment for which it creates a need.
D. Government
Code Section 66000 and following provides substantive requirements
and conditions, which must be met before establishing, increasing,
or imposing a fee as a condition of approval of a development project.
E. Proposition
218, adding Articles XIIC and XIID to the California Constitution,
provides that the developer fees shall not be affected in any way
by the proposition.
(Ord. 03-22)
A. Fee
Imposed. A childcare development fee shall be imposed as a condition
of the issuance of all building permits for construction of new buildings
in the city. The city council, shall, by resolution, set forth the
specific amount of the childcare development fee and identify the
facilities, improvements and equipment that may be financed by the
fee.
B. Nexus
Study. Prior to the imposition of any fee, a nexus study shall be
completed and adopted by the city council. The study must confirm
the demand for childcare facilities as a result of new development.
The study shall describe the reasonable relationship between the fee
and the various types of new development, and describe the relationship
between the need for the facility and the various types of new development.
C. Date
Due. The childcare development fee shall be paid by each applicant
prior to the issuance of a building permit for construction of new
buildings. Alternatives to payment of the fee are available in Chapter
17.47.
D. Childcare
development fees shall be adjusted each succeeding July 1st, commencing
July 1, 2005, to reflect inflationary costs. The fees shall be increased
by the ratio which the Engineering News Record's Construction Cost
Index (twenty cities) for the most recent July 1st bears to the July
1, 2004 index.
(Ord. 03-22; Ord. 05-17 § 3)