In order to implement the goals and objectives of the circulation
element of the city's general plan and to mitigate the traffic impacts
caused by new development and redevelopment in the city, certain thoroughfares
and bridges must be improved or constructed. The city council has
determined that a development impact fee is needed in order to finance
these public improvements and to pay for the development's fair share
of the costs of these improvements. In establishing the fee described
in the following sections, the city council has found the fee to be
consistent with its general plan and, pursuant to
Government Code
§ 65913.2, has considered the effects of the fee with respect
to the city's housing needs as established in the housing element
of the general plan.
(Code 1980, § 3.28.010; Ord. No. 445, § 1, 1991; Ord. No. 870 (Recodification), 2014)
The city-wide transportation development fees are hereby established
on the issuance for development or redevelopment in the city to pay
for construction and improvement of thoroughfares and bridges. The
city council shall, in a city council resolution, set forth the specific
amount of the fee, describe the benefit and impact area on which the
development fee is imposed, list the Nexus Improvement Program and
its components specifying the public improvements to be financed,
describe the estimated cost of the facilities, describe the reasonable
relationship between this fee and the various types of new developments
and set forth time of payment. This development fee shall be paid
by each developer no sooner than issuance of building permits and
no later than issuance of a certificate of occupancy for the structure.
No certificate of occupancy or temporary certificate of occupancy
may be issued until the development fee has been paid in full. The
amount of the fee shall be calculated at the time the fee is paid,
based upon the rate then in effect. On an annual basis, the city council
shall review this fee to determine whether the fee amounts are reasonably
related to the impacts of developments and whether the described public
facilities are still needed.
(Code 1980, § 3.28.020; Ord. No. 445, § 1, 1991; Ord. No. 870 (Recodification), 2014; Ord. No. 942 § 1, 2018)
A. The
revenues raised by payment of the city-wide development transportation
fees for the Nexus Improvement Program shall be placed in separate
and special accounts according to each Nexus Improvement Program component,
realizing that the railroad crossings and traffic signal components
are part of and are to be placed in the city backbone component account,
and such revenues, along with any interest earnings on that account,
shall be used solely to:
1. Pay for the city's future construction of facilities described in the resolution enacted pursuant to section
3.28.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or
2. Reimburse developers who have been required or permitted by section
3.28.040, to install listed facilities on the Nexus Improvement Program.
B. When
each fee levied by this section is determined, then each of the then-existing
city general overhead and applicable departmental overhead rates shall
be added to the fee and collected. Amounts collected as overhead rates
shall be transferred from the transportation development fee fund
to the city general fund to defray the cost reasonably borne of the
collection and administration of the fees imposed by this chapter.
(Code 1980, § 3.28.030; Ord. No. 445, § 1, 1991; Ord. No. 870 (Recodification), 2014)
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to section
3.28.020 which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide service or mitigate the need for the facility or the burdens created by the development. The total amount available for reimbursement in any year shall be at the discretion of the city engineer.
(Code 1980, § 3.28.040; Ord. No. 445, § 1, 1991)
A. A developer of any project subject to the fee described in section
3.28.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the traffic impacts of that development and either the amount or the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than:
1. Ten
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.
B. The
application shall state in detail the factual basis for the claim
of waiver, reduction or adjustment. The city council shall consider
the application at the public hearing on the permit application or
separate hearing held within 60 days after the filing of the fee adjustment
application, whichever is later. The decision of the city council
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.
(Code 1980, § 3.28.050; Ord. No. 445, § 1, 1991; Ord. No. 870 (Recodification), 2014)