This article shall be known and cited as the "Escondido public
facility development fee ordinance." The fees imposed pursuant to
this article shall be known as "public facility fees."
(Ord. No. 89-14, § 1, 4-12-89)
The city council finds and declares as follows:
(a)
The public facilities fee presented to the city council on March
22, 1989, establishes appropriate standards for public facilities,
including police stations and equipment, fire stations, public libraries,
maintenance yard facility site, senior center facilities and administrative
facilities, and which standards are based upon the existing levels
of service being provided to existing city residents.
(b)
The city has forecasted population increases and resultant dwelling
unit construction and nonresidential development.
(c)
The city has established public facilities improvement standards
based upon maintaining the level of public facilities service currently
being provided to existing city residents.
(d)
Based upon the public facility service standards identified in the
public facilities fee report, such additional residential development
and attendant population growth will generate a need for the acquisition
and improvement of land and construction of the capital improvements
projects for public facilities listed in the capital improvement plan
of the city.
(e)
The need for the additional public facilities improvements is directly
attributable to the demand created by the projected population increase
and has been distinguished from needs attributable to existing development,
which are being met through existing funding sources.
(f)
A development fee on new residential and nonresidential development
pursuant to the standards identified in the public facility fee report
will equitably apportion the cost of acquisition of land and public
facility construction and improvements to development generating the
need for such land and improvements, based upon the number of persons
per dwelling unit and the estimated number of dwelling units by type
of residential development and the number of square feet and type
of nonresidential development.
(g)
The purpose of the public facility fee is to assure the continued
provision of public facilities and services to new residents at the
level of service standard presently existing in the city.
(h)
The facilities to be financed with the public facilities fee revenues
are identified in the capital improvement plan.
(i)
Because public facility standards are based on the population living
and working in the city, the public facility fees are imposed on residential
and nonresidential development.
(j)
The public facilities improvements to be provided will specifically
benefit new residential and nonresidential development by assuring
that such development will be served by necessary public facilities
within a reasonable distance and at appropriate service levels established
by the city.
(k)
The amount of the public facility fee per square foot of nonresidential
development and per dwelling unit for residential development has
been based upon the per person and per square foot cost to the city
of meeting the identified public facility service standards.
(l)
The public facility fee will be utilized solely and exclusively for
the acquisition of land and the construction of or improvement of
public facilities to serve new residential development.
(m)
Such public facilities will be provided within a reasonable period
of time from payment of the public facility fees.
(n)
After fully considering the documents referenced herein and the oral
testimony and documentary evidence submitted at a duly noticed public
hearing, the council hereby approves such documents and incorporates
them herein and further finds that the public facility fee is in the
best interest of the city, promotes and protects the health, safety
and welfare of present and future residents of the city and assures
that adequate public facilities are provided to meet the additional
demands created by new residential and nonresidential development
in the city.
(Ord. No. 89-14, § 1, 4-12-89)
A public facility fee is hereby imposed on new residential and
nonresidential development for the purpose of assuring that the public
facility standards established by the city are met with respect to
the additional needs created by such development.
(Ord. No. 89-14, § 1, 4-12-89)
For purposes of this chapter, the following words and terms
shall have the meanings stated herein, unless another meaning is plainly
intended:
means the construction and equipping of public facilities
including, but not limited to, police stations, fire stations, public
libraries, senior centers, maintenance yard site, administrative space,
and other public facility improvement needs related to projected residential
and nonresidential development.
means a monetary exaction imposed as a condition of development
approval in connection with a residential or nonresidential development
project in order to fund and to assure the provision of public facility
improvements needed to serve such development at established city
service level standards within a reasonable period of time.
(Ord. No. 89-14, § 1, 4-12-89)
All residential and nonresidential development shall be required
to pay a public facility fee as provided by this article.
(Ord. No. 89-14, § 1, 4-12-89)
The public facility fee to be imposed per dwelling unit by type
on residential development and per square foot by type on nonresidential
development shall be established by resolution of the city council
and may be amended from time to time as set forth in section 6-444.4
of Article 17 of this chapter.
(Ord. No. 89-14, § 1, 4-12-89)
(a)
Prior to issuance of a building permit, the building director shall
calculate the amount of the applicable public facility fee due, based
on the fees then in effect by determining the number and type of dwelling
units in a proposed residential development project and/or the number
of square feet and type of nonresidential development as established
by city council resolution from time to time.
(b)
Any applicable public facility fee credit shall be determined pursuant
to section 6-442, 6-445 or 6-446.
(Ord. No. 89-14, § 1, 4-12-89; Ord. No. 89-47, § 1, 10-4-89; Ord. No. 89-52, § 3, 10-18-89; Ord. No. 92-40, § 2, 10-7-92; Ord. No. 2008-21(R), § 5, 10-22-08)
The building official shall be responsible for the collection
of the public facility fee pursuant to section 6-438 of Article 17
of this chapter unless:
(a)
The applicant is entitled to a full credit pursuant to section 6-442
of Article 17 of this chapter; or
(b)
The applicant is exempt pursuant to section 6-444.3 of Article 17
of this chapter; or
(c)
The applicant is exempt pursuant to section 6-444.2 of Article 17
of this chapter and a bond or other surety in the amount of the fee,
as calculated by the building official, and approved by the city attorney
has been posted with the city.
(Ord. No. 89-14, § 1, 4-12-89; Ord. No. 2012-12, § 4, 6-20-12)
The city establishes a segregated public facility fee trust
fund account, hereinafter "account," to which all public facility
fees collected by the building director shall be deposited. The account
shall be managed in accordance with the procedures and restrictions
established in section 6-439 of Article 17 of this chapter.
(Ord. No. 89-14, § 1, 4-12-89)
(a)
Funds derived from payment of public facility fees pursuant to this
chapter shall be imposed, collected, accounted for and expended in
accordance with the procedures established in Article 17 of this chapter.
(b)
Funds in the account shall be used solely and exclusively for the
purpose of funding public facilities, as defined herein, and as identified
in the capital improvement plan or to reimburse the city for expenditures,
advances or indebtedness incurred for public facilities.
(c)
Public facility fees shall not be used for the provision of public
facility improvements relating to:
(1)
The needs of existing city residents;
(2)
The enhancement of public facilities to provide a higher level of
service to existing city residents;
(3)
Operation and maintenance costs associated with city public facilities;
(4)
Repair and/or replacement of existing public facilities; or
(5)
The provisions of public facility or service programming.
(Ord. No. 89-14, § 1, 4-12-89)
The applicant may appeal any decision of a city official including,
but not limited to, the applicability of the public facility fee,
the amount of the public facility fee, the applicability of an exception
and the eligibility for the amount of a credit to the city council.
Any and all appeals shall be taken in accordance with the procedures
and requirements established in section 6-444.2 of Article 17 of the
chapter.
(Ord. No. 89-14, § 1, 4-12-89)
[1]
Editor's note: Ord. No. 2024-02, adopted 2-7-2024, repealed
§ 6-457, pertaining to Other Fees and Exactions for Public Service,
which derived from Ord. No. 2020-24, adopted 10-21-2020.
