This chapter is known as the "Development Impact Fees
and Dedication Ordinance" and may be cited as such.
(Ord. 565 § 3, 2019)
The City Council finds that:
A. The
purpose of this chapter is to establish provisions for assessing and
collecting fees as a condition of approval of a final map or as a
condition of issuing a building permit.
B. The
purpose of the fees established by this chapter is to impose upon
new development the costs of constructing public facilities which
are reasonably related to the impacts of the new development. New
development in Santee will require the construction of new public
facilities, including, without limitation, drainage improvements,
traffic improvements, traffic signals, public park facilities, community
facilities and other public improvements, public services and community
amenities. The City Council finds that it is in the interest of the
public's health, safety and welfare for new development to pay
the costs of constructing the public facilities reasonably related
to the impacts of the new development.
C. The fees established by this chapter must be used for those purposes identified in Section
12.30.040 of this chapter.
D. The
City Council finds that there is a reasonable relationship between
the use of the fees established by this chapter and the types of development
on which the fees are imposed. The public facilities, drainage improvements,
traffic improvements, and traffic signals for which the fees are collected
are reasonably related to the types of development to which they apply.
E. The
City Council finds that there is a reasonable relationship between
the need for the public facilities and the type of development projects
to which the fees apply. The public facilities, drainage improvements,
traffic improvements and traffic signals that the fees are to be used
for, are needed because of the impacts caused by the type of development
projects to which they apply.
F. The
City Council finds that there is a reasonable relationship between
the amount of the fees and the costs of the public facility or portions
of the public facility attributable to the development on which the
fees are imposed.
(Ord. 565 § 3, 2019)
For the purpose of this chapter, the following words have the
following meaning:
"Area of benefit"
means, for each individual fee, all land lying within the
boundaries of the City. A metes and bounds description of the Santee
special drainage area is contained in the description of the Santee
Incorporation boundaries as described in Document Nos. 81-052979 and
1991-0133708, Official Records of the San Diego County Recorder, and
incorporated by reference. Any area annexed to the City after the
effective date of the ordinance codified in this chapter will automatically
become a part of the area of benefit for development impact fees.
"Building permit"
means a permit required by and issued pursuant to the Uniform
Building Code as adopted by the City.
"Developer"
means a person, agency or entity that constructs or is required
to construct all or any part of a public facility as part of the approval
of a development permit or building permit.
"Development permit"
means a tentative map, tentative parcel map, development
review permit or conditional use permit.
"Dwelling unit"
means a single unit providing complete, independent living
facilities for one or more persons.
"Installation"
means design, administration of construction contracts and
actual construction.
"Multifamily residential property"
means property which, under the current City land use plan
or any specific plan, is designated as R-7, R-14, R-22 or R-30 or
equivalent.
"Off-site facility"
means a public facility improvement located outside the property
limits of any parcel which is being considered for development.
"On-site facility"
means a public facility improvement located inside the property
limits of any parcel which is being considered for development.
"Property limits"
means the parcel or parcels that are being considered for
development, including the centerline of any adjacent public right-of-way.
"Public facility"
means drainage, traffic signal, circulation element street,
or building public improvements constructed by the City with City
funds.
"Regional Arterial System"
(RAS) means the network of arterials that provide critical
links for the region as defined in San Diego Association of Governments
(SANDAG) latest adopted Regional Transportation Plan (RTP).
"RTCIP"
means the Regional Transportation Congestion Improvement
Program as established by the San Diego Association of Governments.
"Residential property"
means property which, under the current City land use plan
or any specific plan, is designated as residential use.
"Underdeveloped property"
means property within the Santee special drainage area that
will experience significant increases in impermeable surface when
developed to the full potential allowed by the zoning ordinance.
"Undeveloped property"
means property within the Santee special drainage area with
no appreciable existing constructed impermeable surface.
(Ord. 565 § 3, 2019)
A. The
City Council, by resolution, establishes each development impact fee
rate, based upon the estimated or actual cost at the time of the adoption
of the resolution, for public facilities.
B. Pursuant to City Council resolution establishing each development impact fee rate, the Director of Engineering must calculate the total fees to be paid by any applicant or developer. The Director Engineering's decision is subject to the appeal process set forth in Section
12.30.090 of this chapter.
C. The
development impact fees, exclusive of the RTCIP mitigation fee, are
automatically adjusted for inflation on July 1 of each year. The inflation
adjustment is two percent or based on the previous calendar years
increase in the San Diego Consumer Price Index (CPI-U: All Items)
as published by the Bureau of Labor Statistics, whichever is higher.
D. Pursuant
to the TransNet Extension Ordinance, RTCIP mitigation fees are automatically
adjusted for inflation on July 1 of each year. The inflation adjustment
will be two percent or based on the Caltrans highway construction
cost index, whichever is higher.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)
Notwithstanding the provisions of this chapter, payment of development
impact fees are not required for:
A. The
use, alteration or enlargement of an existing nonresidential building
or structure on the same lot or parcel of land, provided the total
useable building floor area, as determined by the Director, of all
such alteration, enlargement or construction completed within any
consecutive three-year period does not exceed 1,000 square feet;
B. The
use, alteration or enlargement of the building is not such as to change
its classification of occupancy as defined by the Uniform Building
Code;
C. The
following accessory buildings and structures: private garages, children's
playhouses, radio and television receiving antennas, shops and other
buildings which are accessory to one-family or two-family dwellings;
D. The
alteration or enlargement on an existing multifamily structure or
the erection of one or more buildings or structures accessory thereto,
or both, on the same lot or parcel of land, provided the additional
number of dwelling units, as determined by the Director, is not increased;
E. The
amount of development which has occurred on a site if it has been
previously developed;
F. All
applicable development impact fees for an accessory dwelling unit
shall be waived for a five-year period, commencing on September 27,
2019, and ending on September 27, 2024.
(Ord. 565 § 3, 2019; Ord. 568 § 3, 2019)
Where, as a requirement of the project, the developer constructs
all or a portion of an off-site public facility, the construction
cost for that portion beyond local benefit will be credited against
the development impact fee to be paid for that type of facility. For
purposes of this chapter, the construction cost is the actual cost
of constructing the improvements as determined from certified invoices
from the contractor, except that this cost must not exceed the estimated
price as established by the City Engineer.
(Ord. 565 § 3, 2019)
For the purpose of reimbursement pursuant to Section
12.30.110 of this chapter, the cost of construction for public facilities or any portion of these facilities is the actual cost as certified by the developer and verified by the City, or the estimated cost computed in accordance with the schedule of construction allowances as approved by the City, whichever is less. The estimated cost will be based upon the length, size and type of facility actually constructed.
(Ord. 565 § 3, 2019)
This chapter must not be construed to mean that public facilities,
for which a fee(s) has been paid, will be installed immediately. Installation
will be programmed when conditions warrant and balance of funding
is available.
(Ord. 565 § 3, 2019)
In carrying out the provisions of this chapter, the City complies
with the terms and requirements of California
Government Code Sections
66000 through 66025. As part of the City's compliance with California
Government Code Sections 66000 through 66025, within the statutory
timeframes, the Director of Finance shall ensure that the City undertakes
the following:
A. Make
available to the public the recurring annual report(s) required by
California
Government Code Section 66006(b) within 180 days after
the last day of each fiscal year, and present the report(s) to the
City Council in compliance with applicable law;
B. Make the recurring five-year findings required by California
Government Code Section 66001(d) for the fifth fiscal year following the first deposit into an account or fund, and every five years thereafter, in connection with the annual report required by subsection
A above; and
C. Conduct
the recurring eight-year impact fee nexus study updates required by
California
Government Code Section 66016.5(a)(8) at least once every
eight years, from the period beginning on January 1, 2022.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)
Differences in drainage facility requirements that are a result
of a change in the City General Plan are reviewed by the City Council.
If determined by the City Council that the total facilities cost and
the basis of cost allocation have been significantly altered, the
City Council may make revisions in accordance with the changes in
the General Plan.
(Ord. 565 § 3, 2019)