The city council finds that the purpose of the Police Impact Fee hereby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and business development to contribute to the cost of expanding the availability of police assets in the city. The city finds:
A. 
Police services, facilities and equipment are needed to serve future development in the city.
B. 
Police services serve the entire residential and business population.
C. 
The need to expand the existing fleet of police vehicles and equipment will be necessary as the population continues to grow.
D. 
The city will assess the need to expand police facilities into the northeastern portion of the city as indicated in the current city general plan.
E. 
These fees apply to all residential and business development.
F. 
Revenue from the impact fees may be used to expand the availability of police assets in the city through the acquisition or improvement of real property; or the acquisition, construction or expansion of buildings, furnishings, equipment or any of these.
G. 
New residential and business development within the city imposes a burden on the existing police facility by adding additional population.
H. 
The demand variable that determine the fees is based on the relationship between the city's existing population and the calls for service and the replacement cost for police facilities and equipment.
I. 
Police impact fees paid by new development are based on the same level of service currently provided to the existing residential and businesses in the city.
J. 
Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of police services, impact fees will apply to new development of these types of facilities.
K. 
The cost per capita will be applied to future population to compute impact fees per unit.
L. 
Impact fees for other specialized development types should be calculated in the same way, if the need arises.
M. 
The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development.
N. 
The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 5, 2021)
For the purposes of this chapter, the following words shall have the meanings set forth below:
"Businesses"
includes all commercial/industrial, hotel/motel, and office units.
"City/service area"
means the entire city.
"Dwelling unit"
includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis.
"Equipment/material"
includes all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the study.
"Facilities"
means those police facilities, land, improvements, or infrastructure located in the city.
"Person"
includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor.
"Residential development"
includes all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units.
"Study"
means the current development impact fee study on file in the city's engineering services department that supports the fee resolution adopted pursuant to section 3.64.050.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 5, 2021)
The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed.
A. 
The finance director shall establish a special interest-bearing fund titled "Police Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of police facilities and material assets in the city.
B. 
A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.64.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Police Impact Fee."
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 5, 2021)
The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s) subject to the fee. 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.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 978 § 5, 2021)
The fees imposed by this chapter shall be set by resolution of the city council.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 5, 2021)
In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 978 § 5, 2021)
The city council finds that there is established a police fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of police facility assets in the city to serve new development. Those public facilities and other assets are identified in the study.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 978 § 5, 2021)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable.
(Ord. No. 865, § 6, 6-18-2014; Ord. No. 978 § 5, 2021)