shall include every person, firm or corporation constructing
a new dwelling unit, directly or through the services of any employee,
agent, independent contractor or otherwise.
shall include each structure of permanent character, placed
in a permanent location but not limited to one- , two- and multifamily
dwellings, apartments, mobile home spaces, but shall not include hotels,
motels and boardinghouses for transient guests.
(O4195; O4200)
The North Jefferson park fee is established to be imposed on
the developer of each new dwelling unit within the North Jefferson
area as described on Exhibit "A" attached to the ordinance codified
in this chapter and incorporated by reference. The Council shall,
in a Council resolution, set forth the specific amount of the fee,
describe the public improvements to be financed by such fee, describe
the estimated cost of such facilities, and describe the reasonable
relationship between this fee and the various types of new development
and set forth a time for payment. On an annual basis, the Council
shall review the fee to determine whether the described public facilities
are still needed.
(O4195; O4200)
The revenues raised by payment of this fee shall be placed in
a separate and special account and such revenues, along with any interest
thereon, shall be used solely for the purpose of developing a neighborhood
park within the boundaries of the North Jefferson area, to contribute
to the development of the Garfield Community Park, to reimburse the
city for funds advanced from other sources to develop such park(s)
or to reimburse a developer who has developed such park(s).
(O4195; O4200)
A developer of each dwelling unit subject to the fee described
in this chapter may apply to the Council for a reduction or adjustment
to that fee or waiver of that fee based upon the absence of any reasonable
relationship or nexus between the impact of a dwelling unit and either
the amount of the fee charged or the type of facility to be financed
or the portion of the facility attributable to the dwelling unit.
The application shall be made in writing and filed with the City Clerk
not later than: (1) 10 days prior to the public hearing on the development
permit application on the project; or (2) if no development permit
was required at the time of filing of the request for building permit.
The application shall state in detail the factual basis for the claim
of waiver, reduction or adjustment. The Council shall consider the
application at the public hearing on the permit application or at
a separate hearing held within 60 days after the filing of the fee
adjustment application, whichever is later. The decision of the 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.
(O4195; O4200)
For purposes of the North Jefferson Street improvement fee the
term "new development" shall include:
1.
New
construction which may generate additional traffic; or
2.
Conversion
of one use to a new use when the new use generates additional traffic
when compared to the previous use. The trip generation data presented
by the Institute of Transportation Engineers (ITE) in their reference
text entitled "Trip Generations," latest edition will be used to estimate
traffic generation; or
3.
Expansion
of an existing use at its current location or at a different location
in the North Jefferson Street improvement area; or
4.
A new
use in an existing structure when the previous use relocated to a
parcel with identical ingress and egress as the previous location
(regardless of intensity of traffic use);
A use which relocates to another location within the North Jefferson
Street improvement area having the same ingress and egress as the
previous location shall not be considered as "new development," unless
the relocation may result in an expansion of the use, in which case
only the expansion of the use shall be considered as "new development";
or
5.
Any
other use for which a conditional use permit is required if the use
may generate additional traffic.
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The term "developer" shall include every person, firm or corporation
constructing new development, directly or through the services of
any employee, agent, independent contractor or otherwise.
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(O4165)
The North Jefferson Street improvement fee is imposed on the
developer of all new development in the North Jefferson Street improvement
area. The Council shall, in a Council resolution, set forth the specific
amount of the fee, define the specific area within which it shall
apply, describe the specific improvements and their estimated cost,
describe the reasonable relationship between the fee and the new development
and set forth the time for payment. On an annual basis, the Council
shall review this fee to determine whether the fee amounts are reasonably
related to the impacts of developments and whether the described public
improvements are still needed. The Public Works Director is authorized
to adjust the fee in an amount equal to the change in the construction
price index of the "Engineering News Record," on or before July 1st
of each year.
(O4165; O93-032)
A.
Limited Use of Fees. The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to pay for the construction (which term includes the planning, administration and design as well as actual building or installation) of improvements described in the resolution enacted pursuant to Section 15.76.060, or to reimburse the city for those described or listed improvements constructed by the city with funds advanced by the city from other sources, or to reimburse a developer for costs advanced, which are associated with the above-described activities.
B.
Excess Fees. In the event the Council by resolution authorizes an adjustment in the city-wide street improvement fee to developers subject to the fee imposed by Section 15.76.060, the Public Works Director shall keep a record of the amount of adjustment allowed for each development and the total amount allowed all developers. Following completion of all improvements described in the resolution enacted pursuant to Section 15.76.060 and reimbursement for funds advanced for said improvements, any excess funds remaining in the special account for the North Jefferson Street improvement area shall revert to the city-wide street improvement fund established pursuant to Section 15.84.020 of this title up to the total amount of adjustments allowed all developers for such city-wide street improvement fee.
(O4165; O4238)
A.
A developer who installs an off-site improvement as a specific traffic mitigation measure for a project which improvement is identified in the resolution adopted pursuant to Section 15.76.060 as an improvement to be funded by the North Jefferson Street improvement fee may claim a credit on such fee, not to exceed the North Jefferson Street improvement fee payable for the project. The Public Works Director is authorized to allow such credit. If a developer is dissatisfied with the decision of the Public Works Director, the developer may appeal for relief to the Council by filing an appeal in writing with the City Clerk within 10 days after the disputed decision. The appeal shall state in detail the basis for the claimed credit. The decision of the Council shall be final.
B.
A developer of any new development subject to the fee described in Section 15.76.060 may apply to the 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 of the fee charged or the type of improvements to be financed. The application shall be made in writing and filed with the City Clerk not later than: (1) 10 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. The application shall state in detail the factual basis for the claim of waiver reduction or adjustment. The Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the 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.
(O4165)
In the resolution fixing the improvement fee imposed by Sections 15.76.050 through 15.76.080, the Council may create an exemption from the obligation to pay such fee for accessory dwelling units, as defined by Title 17 of this code, constructed as an accessory unit to existing dwelling units.
(O4165)
