A.
The
purpose of this chapter, which may be referred to as the "Fire and
Paramedic Impact Fee Ordinance," is to document the substantive and
procedural requirements that the City will follow in order to establish,
increase, and impose development impact fees on development projects
for the purpose of funding public facilities that mitigate the impacts
of development projects on the City's ability to provide Citywide
fire and paramedic services.
B.
This
chapter is adopted pursuant to the City's constitutional home rule
authority, as set forth in California Constitution Article XI, Section
5; pursuant to the City's police power authority to regulate matters
impacting the public health, safety, and welfare, as set forth in
California Constitution Article XI, Section 7; and pursuant to the
Mitigation Fee Act, as set forth in California Government Code sections
66000, et seq.
(O2017-2, 1/17/17)
As used in this chapter:
means the person or entity that is legally responsible for
the planning, development, and construction of any development project
covered by this Chapter. The developer may be the property owner of
the real property that is subject of the development project, or a
person or entity legally authorized by the property owner; however,
the property owner shall be jointly and severally liable with the
developer for payment of fees required pursuant to this chapter.
means any proposed construction work that requires a City
permit for construction of a building (either new construction, or
net increase in floor area of an existing building). "Development
project" also means any proposed change of use that requires a City
permit.
means the Community Development Director of the City of Napa,
or a designee of the Community Development Director or the City Manager.
means a resolution adopted by the City Council that documents compliance with the requirements of Section 15.78.030, below.
(O2017-2, 1/17/17)
Any action by the City to establish, increase or impose a fire
and paramedic development impact fee ("fee") pursuant to this chapter
shall be subject to City Council approval of an implementing resolution
which documents compliance with all requirements of the Mitigation
Fee Act, including the following:
A.
Identify
the purpose of the fee by identifying the types and quantities of
development projects creating impacts on the City's ability to provide
fire and paramedic services, and the public facilities designed to
mitigate the impacts that will be funded with the fees generated by
the development projects. This will include an identification of the
types of development projects subject to the fee (using development
project category types, such as: single-family residential, multi-family
residential, commercial, office, industrial, and residential care
facility), the estimated quantities of development projects that will
be subject to the fee, and the estimated impacts of the identified
development projects on the City's ability to provide fire and paramedic
services.
B.
Identify
the use of the fee by identifying the specified public facilities
to be funded by the fees, including the estimated costs of the components
of the specified public facilities, such as: real property acquisition,
land use planning, environmental review, design, construction administration,
construction, equipment manufacturing and installation, administrative
costs (including financial, legal, and general administrative services
related to establishment and enforcement of the fee program), and
reasonable contingencies.
C.
Determine
how there is a reasonable relationship between the City's use of the
fee and the types of development projects on which the fee is to be
imposed by demonstrating how the development projects will benefit
from the specified public facilities to be funded by the fees.
D.
Determine
how there is a reasonable relationship between the need for the specified
public facilities and the types of development projects on which the
fee is to be imposed, by demonstrating how the development projects
create a demand for the construction of the specified public facilities
to be funded by the fees.
E.
Determine
how there is a reasonable relationship between the amount of the fee
and the cost of the specified public facility attributable to the
development projects on which the fee is to be imposed. This shall
include two elements: (i) a quantification of the estimated reasonable
cost of providing the specified public facility (including the component
costs identified above); and (ii) an identification of the method
by which the City quantifies the proportionate responsibility of each
development project for the cost of the specified public facilities,
which may be satisfied by establishing a formula which reasonably
quantifies the proportionate responsibility of various types of development
projects using standardized units of measurement.
(O2017-2, 1/17/17)
A.
Each
developer for a development project shall pay the fire and paramedic
development impact fee ("fee") in the amount in effect when the fee
is paid (as set forth in the implementing resolution), except to the
extent that the developer submits sufficient documentation that the
developer is entitled to an adjustment in the fee amount, pursuant
to this section.
B.
The
fee for each unit of development within a development project shall
be paid in-full prior to the issuance of the building permit required
for that unit of development, unless otherwise authorized by the Mitigation
Fee Act. If a building permit is not required for all or a portion
of a development project, or if a developer receives a building permit
from the City for a unit of development and the fee has not been paid,
the developer shall pay the fee within 30 days of written notice from
the City.
C.
The fee to be paid for a development project that results in either an addition to (a net increase in floor area of an existing building), or a change of use of, an existing building shall be: (1) the amount of the fee required pursuant to subsection 15.78.040(A) for the entire building (after completion of the development project), minus (2) the amount of the fee for the last legal use of the existing building (prior to completion of the development project) that would have been required pursuant to subsection 15.78.040(A).
D.
A developer subject to the fee may apply to the City Council for an adjustment or waiver of the fee if the application is filed in accordance with this subsection 15.78.040(D). The application must be filed in writing with the Director no later than 10 days prior to the first public hearing for any discretionary permit or approval for the development project. The developer shall bear the burden of proving that there is no substantial evidence to support a reasonable relationship, or nexus, between the impacts of the development project and the fee imposed on the development project, based on the criteria set forth in Section 15.78.030. The evidence may include mitigation measures implemented by the developer to decrease the impacts of the development project on the public facilities funded by this fee. The City Council may adjust or waive the fee in accordance with this subsection if the Council determines that the developer has met its burden of proof. In addition to the procedures to apply for an adjustment or waiver of a fee, pursuant to this subsection 15.78.040(D), a developer may protest a fee by complying with the requirements of the Mitigation Fee Act (notably, California Government Code Sections 66020 through 66025), and filing an appeal pursuant to Napa Municipal Code Chapter 3.04.
(O2017-2, 1/17/17)
A.
The
fees imposed by the City pursuant to this chapter shall be used by
the City to pay, in whole or in part, the cost of providing specified
public facilities, as described in the implementing resolution.
B.
Fee
revenue shall be collected, separately accounted, and used by the
City in accordance with the requirements of the Mitigation Fee Act
(California Government Code Sections 66000, et seq.).
C.
In
order to more effectively mitigate the impact of development projects,
and maximize the use of fee revenues, fee revenues may be used as
temporary loans from one fee fund to another fee fund only if the
City Council makes the following findings:
(1)
Based upon planned phasing of the public facilities, and anticipated
timing of fee revenues to be collected, it is in the City's best interests
to allow the temporary loan.
(2)
All requirements of the Mitigation Fee Act have been satisfied, including
a specification of the amount loaned, the date of repayment, and the
interest rate to be paid.
(O2017-2, 1/17/17)
