The ordinance codified in this chapter is adopted pursuant to
the city's police powers and the Mitigation Fee Act (
Government Code
Section 66000, et seq.), for the purpose of imposing fees on applicants
seeking to construct development projects. The purpose of such fees
is to minimize, to the greatest extent practicable, the impact that
new development has on the city's public services and public facilities.
Toward that end, the city intends that applicants for such development
projects pay their fair share of the costs of providing such public
services and public facilities. Accordingly, the amount of each impact
fee is calculated based upon the gross square footage of nonresidential
development, number of residential dwelling units, type or density
or intensity of use, vehicle trip generation, or other appropriate
methodology which ensures that the fee is roughly proportional to
the impacts of new development on public facilities. The city assumes
responsibility for and will pay for with general city revenues all
public facility needs for existing development.
(Ord. 2134 § 2, 2016)
Unless expressly excepted or exempted, this chapter applies
to all fees imposed by the city to finance public facilities attributable
to new development, including without limitation:
(c) Public meeting facilities;
(d) Library facilities and collection;
(h) Park land and improvements;
(Ord. 2134 § 2, 2016)
This chapter does not apply to:
(a) Taxes and special assessments;
(b) Fees for processing development applications;
(c) Fees for enforcing regulations;
(d) Fees collected under development agreements;
(e) Fees imposed pursuant to a reimbursement agreement between the city
and a property owner for that portion of the cost of a public facility
paid for by the property owner which exceeds the need for the public
facility attributable to, reasonably related to, and roughly proportional
to, the development;
(f) Fees to mitigate impacts on the environment; or
(g) Fees imposed, levied or collected by other governmental agencies
including subdivisions of the state and federal government.
(Ord. 2134 § 2, 2016)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter:
"Benefit area"
means the geographic area within which impact fees are collected
and expended for a particular type of capital improvement serving
development projects within such area.
"Capital improvement"
means land or facilities for any other capital project identified
in the city's capital improvements plan including, without limitation,
to land or facilities for the following purposes: the storage, treatment
or distribution of water; the collection, treatment, reclamation or
disposal of sewage; the collection and disposal of stormwater and
for watershed preservation purposes; transportation and transit including,
without limitation, streets, street lighting and traffic-control devices
and supporting improvements, roads, overpasses, bridges, airports,
and related facilities; parks and recreational improvements; public
safety, including police and fire facilities; schools and child care
facilities; libraries and public art; and public buildings of all
kinds. Capital improvement also includes design, engineering, inspection,
testing, planning, legal land acquisition and all other costs associated
with construction of a public facility.
"Capital improvements plan"
means the long-term plan for capital improvements, adopted
by the city council, describing the approximate location, size, time
of availability and estimated cost of capital improvement projects
and identifies sources of funding for capital improvement projects.
"Capital improvements project list"
means the list attached to a council resolution setting the
base fee amount for each specific impact fee. The list must describe
the approximate location, size, time of availability and estimated
cost of each capital improvement to be funded from a particular impact
fee account.
"Collection"
means the point in time at which the impact fee is actually
paid over to the city.
"Commitment"
means earmarking impact fees to fund or partially fund capital
improvements serving new development projects.
"Dwelling unit"
means one or more rooms in a building or a portion of a room,
designed, intended to be used, or actually used for occupancy by one
household for living and sleeping quarters, and containing one kitchen
only, and includes a mobile home, but not hotel or motel units.
"Impact fee"
means any monetary exaction imposed by the city as a condition
of or in connection with approval of a development project for the
purpose of defraying all or some of the cost of or repayment of costs
previously expended from other city funds for capital improvements
relating to the project.
"Impose"
means to determine that a particular development project
is subject to the collection of impact fees as a condition of development
approval.
"New development or development project"
means and includes any project undertaken for the purpose
of development, including, without limitation, a project involving
the permit issuance for construction, reconstruction, or change of
use, but not a project involving permit issuance for operating, remodeling,
rehabilitating, or improving an existing structure, nor the rebuilding
of a structure destroyed or damaged through natural disaster, nor
the replacement of one mobile home with another on the same pad if
no dwelling unit is added.
(Ord. 2134 § 2, 2016)
Impact fees may be expended only for the type of capital improvements
for which they were imposed, calculated, and collected and according
to the time limits and procedures established in this chapter. Impact
fees may be used to pay the principal, interest and other costs of
bonds, notes and other obligations issued or undertaken by or on behalf
of the city to finance such improvements.
(Ord. 2134 § 2, 2016)
All protests, appeals, and audits must be conducted in accordance
with the procedures contained in the Mitigation Fee Act (commencing
at
Government Code Section 66020 et seq.).
(Ord. 2134 § 2, 2016)
At least once each year, before the city council's adoption
of the budget and revisions to the capital improvements project list,
the city manager, or designee, must report to the city council with:
(a) Recommendations for amendments to this chapter and to other parts
of this code and to resolutions establishing impact fees;
(b) Proposals for changes to the capital improvements project list, identifying
capital improvements to be funded, in whole or in part, by impact
fees;
(c) Proposals for changes in the boundaries of benefit areas; and
(d) Proposals for changes to impact fee rates and schedules.
(Ord. 2134 § 2, 2016)
In the event of a conflict between the provisions of this chapter
and the provisions of any other ordinance or resolution establishing
or amending impact fees, the provisions of this chapter govern.
(Ord. 2134 § 2, 2016)