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.
"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)