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:
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.
means a permit required by and issued pursuant to the Uniform
Building Code as adopted by the City.
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.
means a tentative map, tentative parcel map, development
review permit or conditional use permit.
means a single unit providing complete, independent living
facilities for one or more persons.
means design, administration of construction contracts and
actual construction.
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.
means a public facility improvement located outside the property
limits of any parcel which is being considered for development.
means a public facility improvement located inside the property
limits of any parcel which is being considered for development.
means the parcel or parcels that are being considered for
development, including the centerline of any adjacent public right-of-way.
means drainage, traffic signal, circulation element street,
or building public improvements constructed by the City with City
funds.
(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).
means the Regional Transportation Congestion Improvement
Program as established by the San Diego Association of Governments.
means property which, under the current City land use plan
or any specific plan, is designated as residential use.
means property which, under the current City land use plan
or any specific plan, is designated as HL, R-1, R-1A or R-2 or equivalent.
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.
means property within the Santee special drainage area with
no appreciable existing constructed impermeable surface.
(Ord. 565 § 3, 2019)
A.
Public
facilities benefit fee is for installation of passive and active park
facilities and 65,000 square feet of community buildings.
B.
Drainage
fee is for the installation of needed drainage improvements identified
from the City's latest master drainage facility study.
C.
Traffic
signal fee is for the installation of needed traffic signals identified
from the City's traffic signal needs list.
D.
Traffic
mitigation fee is for the installation of needed improvements identified
from the City's General Plan circulation element.
E.
RTCIP
mitigation fee is for improvements to the Regional Arterial System.
(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)
A.
All
developers must pay the applicable development impact fees to the
City prior to issuance of the building permit for the purpose of defraying
the actual or estimated cost of the installation of any public facilities.
B.
The applicable development impact fees may be reduced by an amount equal to the outstanding balance of any reimbursement agreement entered into prior to the time that the fees become due and payable pursuant to Sections 12.30.100 and 12.30.110 of this chapter. If the outstanding balance of the reimbursement agreement exceeds the applicable fees, the agreement is automatically reduced by the amount of the fees and the fees will be waived. If the fees exceed the outstanding balance of the agreement, the reduced fees must be paid prior to the issuance of a permit.
C.
A credit
may be given to all developers who have, as a condition of project
approval, constructed public facilities in lieu of the payment of
development impact fees. The credit will be the cost of the facilities
constructed. For purposes of this chapter, the installation 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 Director. No
facility construction for which a reimbursement agreement has been
issued is eligible for credit.
(Ord. 565 § 3, 2019)
A.
All
public facility benefit fees, drainage fees, RTCIP mitigation fees,
traffic signal fees and traffic mitigation fees collected pursuant
to this chapter must be placed into separate accounts for each fee
type. All such revenue must be expended solely for land acquisition,
construction or engineering necessary for the installation of the
public facility, or reimbursement for land acquisition, construction
or engineering of the public facility.
B.
For each fee account, a special revolving fund must be established for the purpose of making reimbursements (see Section 12.30.110 of this chapter) for improvements to off-site facilities. Each revolving fund must be established by depositing 25% of the total fees collected each year with a maximum accumulation of $100,000.00.
C.
The
City Council may from time to time change by resolution the percentage
of the development impact fees collected that is to be deposited in
each public facilities revolving fund.
D.
All
revenue for the RTCIP mitigation fees must be expended solely on improvements
to the Regional Arterial System.
(Ord. 565 § 3, 2019)
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)
A.
Notwithstanding
any other provision of this chapter, any person responsible for payment
of development impact fees or dedications has the right, upon payment
of an appropriate fee established by resolution of the City Council,
to appeal to the City Council the Director's determination of
the amount of development impact fees to be paid or the type of facility
to be constructed.
B.
An
appeal may only be heard if filed with the City within 90 days after
imposition of the development impact fees.
D.
Any
such changes must be in conformity with the spirit and intent of the
development impact fee and dedication ordinance adopted by Council.
E.
The
appellant has the burden of establishing the basis for the appeal
and facts to support the appellant's appeal. The Director makes
a recommendation to the City Council. Any decision by the City Council
is final.
(Ord. 565 § 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)
A.
If a developer constructs an off-site public facility or a portion thereof, the developer may be eligible for reimbursement from the revolving fund of that type of facility. Reimbursement for construction of all off-site public facilities is the full amount allowed by Section 12.30.120 of this chapter.
B.
If a public facility is improved off-site on undeveloped or underdeveloped property, the developer may pursue private reimbursement in accordance with Chapter 11.42 Improvements Reimbursement.
C.
Off-site
facilities that are not part of the respective development impact
fee programs are not eligible for reimbursement by those respective
fees.
D.
No
reimbursement is allowed for the construction of any on-site facilities,
with the exception of public park facilities and community buildings.
E.
If the amount in a specific public facility's revolving fund is insufficient to fully reimburse eligible developers, the City will enter into a reimbursement agreement with the developer. The reimbursement agreement will be entered into when the City has determined that the developer has made a complete submittal of all invoices necessary to substantiate costs to be reimbursed. Reimbursement will be made only as fees are collected with the development of property within the City. Although the revolving fund of each facility type will have a limit of $100,000.00, up to 25% of any fees collected following the operative date of the reimbursement agreement will be available for reimbursement. No developer may receive reimbursement until all developers who have previously executed reimbursement agreements are fully reimbursed (except for credit against fees as allowed in Section 12.30.060(C) of this chapter).
(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)
A.
The
public facilities benefit fee for single-family residential property
is the product of the actual number of dwelling units and the fee
rate (dollars per dwelling unit) for the respective land uses of HL,
R-1, R-1A and R-2.
B.
The
public facilities benefit fee for multifamily residential property
is the product of the actual number of dwelling units and the fee
rate (dollars per dwelling unit) for the respective land uses of R-7,
R-14, R-22 and R-30.
(Ord. 565 § 3, 2019)
A.
The
drainage fee for single-family residential property is the product
of the actual number of dwelling units and the fee rate (dollars per
dwelling unit) for the respective land uses of HL, R-1, R-1A and R-2
in the Santee area of benefit.
B.
The
drainage fee for multifamily residential property is the product of
the actual number of dwelling units and the fee rate (dollars per
dwelling unit) for the respective land uses of R-7, R-14, R-22 and
R-30 in the Santee area of benefit.
C.
The
drainage fee for property with land uses other than single-family
or multifamily residential property in the Santee area of benefit
is the product of the total square footage, divided by 1,000, of impermeable
surface to be constructed, including, but not limited to, roof area
of structures, parking lots, driveways, patios, streets, and sidewalks,
and the fee rate (dollars per 1,000 square foot unit) for the respective
land uses.
D.
In
the case of modification, expansion, or reconstruction of an existing
structure, except for single-family residential property, the number
of acres of impermeable surface is equal to the acreage of new impermeable
surface to be constructed. If the total aggregate amount of new impermeable
surface during any three-year period is less than 1,000 square feet,
then the fee is zero. No fee will be charged for modifications to
single-family residential properties.
(Ord. 565 § 3, 2019)
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)
A.
The
traffic signal fee for single-family residential property is the product
of the actual number of dwelling units and the fee rate (dollars per
dwelling unit) for the respective land uses of HL, R-1, R-1A and R-2
in the Santee area of benefit.
B.
The
traffic signal fee for multifamily residential property is the product
of the actual number of dwelling units and the fee rate (dollars per
dwelling unit) for the respective land uses of R-7, R-14, R-22 and
R-30 in the Santee area of benefit.
C.
The
traffic signal fee for property with land uses other than single-family
of multifamily residential property in the Santee area of benefit
is the product of the total square footage of structures, divided
by 1,000, and the fee rate (dollars per 1,000 square foot unit) for
the respective land uses.
(Ord. 565 § 3, 2019)
A.
The
traffic mitigation fee for single-family residential property is the
product of the actual number of dwelling units and the fee rate (dollars
per dwelling unit) for the respective land uses of HL, R-1, R-1A and
R-2 in the Santee area of benefit.
B.
The
traffic mitigation fee for multifamily residential property is the
product of the actual number of dwelling units and the fee rate (dollars
per dwelling unit) for the respective land uses of R-7, R-14, R-22
and R-30 in the Santee area of benefit.
C.
The
traffic mitigation fee for property with land uses other than single-family
or multifamily residential property in the Santee area of benefit
is the product of the total square footage of structures, divided
by 1,000, and the fee rate (dollars per 1,000 square foot unit) for
the respective land uses.
(Ord. 565 § 3, 2019)
A.
The
RTCIP mitigation fee for single-family residential property is the
product of the actual number of dwelling units and the fee rate (dollars
per dwelling unit) for the respective land uses of HL, R-1, R-1-A
and R-2 in the Santee area of benefit.
B.
The
RTCIP mitigation fee for multifamily residential property is the product
of the actual number of dwelling units and the fee rate (dollars per
dwelling unit) for the respective land uses of R-7, R-14, R-22, and
R-30 zones in the Santee area of benefit.
(Ord. 565 § 3, 2019)
