The purpose of this chapter is to establish a water facility
construction and fee requirement, a sewer facility construction and
fee requirement, a storm drainage facility construction and fee requirement,
and a transportation facilities construction and fee requirement that
impose upon future development projects an equitable share of the
cost of mitigating future water, sewer, storm drainage and transportation
demands created by such projects.
(Ord. 982 § 2, 1993)
For the purposes of this chapter, the following terms shall
be defined as set forth in this section:
"Developer"
means the owner of land which is being developed.
"Development"
means the construction or addition of floor area, roofed
structures or paved area to a property.
(Ord. 982 § 2, 1993)
Except as otherwise provided in this chapter, a developer of
a property shall pay a water facilities development fee pursuant to
the procedures set forth in this chapter and in an amount established
by resolution of the city council.
(Ord. 982 § 2, 1993)
Except as otherwise provided in this chapter, a developer of
property shall pay a sewer facilities development fee pursuant to
the procedures set forth in this chapter and in an amount established
by resolution of the city council.
(Ord. 982 § 2, 1993)
Except as otherwise provided in this chapter, a developer of
property shall pay a storm drainage facilities development fee pursuant
to the procedures set forth in this chapter and in an amount established
by resolution of the city council.
(Ord. 982 § 2, 1993)
Except as otherwise provided in this chapter, a developer of
property shall pay a transportation facilities development fee pursuant
to the procedures set forth in this chapter and in an amount established
by resolution of the city council.
(Ord. 982 § 2, 1993)
Developers of the following developments shall be exempt from
the requirements of this chapter:
A. Developments
constructed pursuant to a development agreement with the city, if
such development agreement specifically exempts the developer from
the requirements of this chapter.
B. Developments
constructed by the city or any governmental entity whose governing
body is appointed by the city council.
(Ord. 982 § 2, 1993)
A developer shall be entitled to a reduction in the amount of
fees required by this chapter to the extent that the developer constructs,
pursuant to city standards and requirements, water, sewer, storm drainage
or transportation facilities that were included in the project lists
used to determine the fees established pursuant to this chapter. The
fees required by this chapter shall be reduced by the amount of the
engineering and construction costs that would be reasonably incurred
by the city in building those facilities. The amount of such reduction
shall be approved, in writing, by the director of public works prior
to construction of the facilities.
(Ord. 982 § 2, 1993)
A. Pursuant
to California
Government Code Section 66007(b), the city has established
reserve accounts and appropriated funds to those accounts for the
purposes of funding water, sewer, storm drainage and transportation
facilities and the city has adopted a public facilities implementation
plan for the construction of such facilities. Therefore, fees required
by this chapter shall be paid at the time of issuance of a building
permit for a development. The fees assessed to a development shall
be paid in an amount equal to the fees in effect at the time that
a developer submits a complete and adequate application for a building
permit for such development.
B. Notwithstanding subsection
A, fees required by this chapter for a residential development shall be paid upon final inspection, or the date the certificate of occupancy is issued, whichever occurs first. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, shall execute a "Development Fee Deferral Agreement and Notice of Lien with Power of Sale" to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the San Joaquin County recorder and shall constitute a lien for the payment of the fee. No certificate of occupancy for a dwelling unit within a residential development subject to this chapter will be issued unless and until the fees are paid in full.
C. For
purposes of this section, "final inspection" and "certificate of occupancy"
shall be defined as those terms are defined in
Government Code Section
66007, as amended.
(Ord. 982 § 2, 1993; Ord. O2017-11 § 1; Ord. O2017-14 § 1)