Note: Prior ordinance history: Ords. 580 and 622.
A. 
This chapter establishes commercial and industrial development impact fees, consisting of each of the fees set forth. The commercial and industrial development impact fee is intended to recover from each new commercial, industrial and other nonresidential development, its reasonable share, as determined in accordance with Government Code Section 66000, et seq., of the cost of each type of public facility and infrastructure improvements for which a fee is established hereunder needed to serve the development on which the fee is imposed; to ensure implementation of, and consistency with, the city's general plan; and to protect the public health, safety and welfare by ensuring that adequate public facilities and related improvements will be constructed and made available to serve new nonresidential development concurrent with the need.
B. 
The city council has determined that the fees established by this chapter shall be collected from applicants of development projects for the cost of public facilities and infrastructure improvements that serve or will benefit each commercial, industrial and other nonresidential development, and to reimburse the city for expenditures previously made which benefit that development in accordance with the city's adopted development impact fee study, as updated and readopted from time to time.
C. 
The fees imposed under this chapter are in addition to any other fees, dedications, construction requirements or other exactions imposed as a condition of approval for the development project, or under the provisions of any state or federal law, other provisions of this code, or city resolutions and policies.
D. 
Wherever used, terms describing types of facilities and/or infrastructure improvements shall have the meaning given to them in the city's general plan and/or capital improvement plan, as adopted and amended from time to time.
(Ord. 695 § 1.2, 2005)
No commercial, industrial or other nonresidential development project shall be approved unless the public facility improvements necessary to serve the development project exist or will be constructed as a condition of approval of the project to satisfy the requirements of the city's general plan and/or capital improvement program, as approved from time to time. No developer, property owner, or other person or entity shall be eligible to receive building permits, nor any occupancy permits, for any commercial, industrial or other nonresidential development project unless the provisions of this chapter have first been complied with and the fees required hereunder have been paid for that project. The requirements of this chapter are hereby imposed as a condition of development approval for each commercial, industrial and other nonresidential development project in addition to being a requirement of this code. The city may impose such additional conditions of approval as are necessary or appropriate to implement the purposes of this chapter, including, but not limited to, construction of public facility improvements and/or reimbursement agreements for constructed improvements in accordance with city policies and procedures.
(Ord. 695 § 1.2, 2005)
Arterial streets commercial and industrial development impact fees shall be paid by applicants for commercial and industrial projects as set forth in this section and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this section are paid. Fees collected pursuant to this section shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, the arterial street improvements provided for in the city's general plan and its adopted capital improvement program, as amended from time to time. The fees referred to in this section were calculated to include only the arterial street improvements and do not include costs for freeway interchange improvements, local streets, or collector streets.
(Ord. 695 § 1.2, 2005)
Traffic signals commercial and industrial development impact fees shall be paid by applicants for commercial and industrial development projects as set forth in this section and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this section are paid. Fees collected pursuant to this section shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, the traffic signal improvements provided for in the city's general plan and its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
Interchange improvements commercial and industrial development impact fees shall be paid by applicants for commercial and industrial development projects as set forth in this chapter and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this chapter are paid. Fees collected pursuant to this chapter shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, the interchange improvements provided for in the city's general plan and its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
Fire facilities commercial and industrial development impact fees shall be paid by applicants for commercial and industrial projects as set forth in this section and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this section are paid. Fees collected pursuant to this section shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, fire services facilities provided for in the city's general plan and its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
Police facilities commercial and industrial development impact fees shall be paid by applicants for commercial and industrial development projects as set forth in this section and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this section are paid. Fees collected pursuant to this section shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, police services facilities provided for in the city's general plan and its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
City Hall commercial and industrial development impact fees shall be paid by applicants for commercial and industrial projects as set forth in this section and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this section are paid. Fees collected pursuant to this section shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, City Hall facilities and improvements provided for in the city's general plan and its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
Corporate yard facilities commercial and industrial development impact fees shall be paid by applicants for commercial and industrial projects as set forth in this section and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this section are paid. Fees collected pursuant to this section shall be deposited into a separate fund and used only for the purpose of acquiring, designing, constructing, improving, providing and maintaining, to the extent permitted by law, the city corporate yard facilities and improvements provided for in the city's general plan and its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
Maintenance equipment commercial and industrial development impact fees shall be paid by applicants for commercial and industrial development projects as set forth in this chapter and in the amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any new commercial, industrial or other nonresidential building or structure unless the fees specified in this chapter are paid. Fees collected pursuant to this chapter shall be deposited into a separate fund and used only for the purpose of acquiring, to the extent permitted by law, the major maintenance equipment needs of the city provided for in its adopted capital improvement program, as amended from time to time.
(Ord. 695 § 1.2, 2005)
Credit against a commercial and industrial development impact fee may be given for qualifying facilities and improvements constructed as part of each commercial and industrial development project in accordance with city policies and procedures. The applicant shall be responsible for providing sufficient evidence of the eligibility and cost of such facilities and improvements to the satisfaction of the city's public works director/city engineer, who will determine whether the evidence is satisfactory to render a fee credit, and will determine the amount of fee credit, which shall not exceed the projected costs of such facilities and improvements for purposes of establishing the affected impact fee.
(Ord. 695 § 1.2, 2005)
If the development project involves improvements, or a change of use to an already existing development, commercial and industrial development impact fees will only be applied to the portion of the project that represents an increase in demand for city facilities.
(Ord. 695 § 1.2, 2005)
The amount of any commercial and industrial development impact fee may be amended annually or from time to time by a resolution of the city council in accordance with the procedures and based upon the findings set forth in Government Code Section 66000, et seq., for such fees. The city council may authorize by resolution annual adjustments to the commercial and industrial development impact fees to account for the escalation in construction costs, based upon the figures published in the Engineering News Record's Building Cost Index—20 Cities Annual Average. Land costs may be evaluated annually and adjusted, as necessary, based on the current market conditions at the time.
(Ord. 695 § 1.2, 2005)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 695 § 1.2, 2005)