The capital facility fee enacted pursuant to this chapter are
to be collected by the city before the issuance of building permits,
or at approval of any discretionary permit if no building permit is
required.
(Ord. 1295 § 2, 2005)
This chapter is adopted under the authority of Title 7, Division
1, Chapter 5 of the California
Government Code Sections 66000 et seq.
(Ord. 1295 § 3, 2005)
Words when used in this chapter, and in resolutions adopted
thereto, shall have the following meanings:
"Capital facility"
means and includes region-serving public improvements and
community amenities normally provided by the county of San Joaquin.
"City"
means the city of Manteca, a general law [charter] city organized
and existing under the constitution and laws of the state of California.
"County"
means the county of San Joaquin, a political subdivision
of the state of California.
"Development project"
means any project undertaken for the purpose of development.
"Development project" includes a project involving the issuance of
a permit for construction or reconstruction, but not a permit to operate.
"Fee"
means a monetary exaction, other than a tax or special assessment,
which is charged by a local agency to the applicant in connection
with approval of a development project for the purpose of defraying
all or a portion of the cost of capital facilities related to the
development project.
"Nexus report"
means the San Joaquin County Facility Fee Nexus Report originally
prepared in September 2003, as may be amended from time-to-time.
(Ord. 1295 §4, 2005)
No fee may be applied by a local agency to the reconstruction
of any residential, commercial, or industrial development project
that is damaged or destroyed as a result of a natural disaster as
declared by the governor.
(Ord. 1295 §9, 2005)
The adoption of county facilities fees is a legislative act
and shall be enacted by resolution after a noticed public hearing
before the city council.
(Ord. 1295 § 11, 2005)
The chapter and any subsequent amendment to the county facilities
fee program shall be read together. With respect to any county facilities
fee enacted by resolution under this chapter, any provision of such
a county facilities fee which is in conflict with this chapter shall
be void.
(Ord. 1295 § 12, 2005)
Should any provision of this chapter or a subsequent amendment
to the county facilities fee program be held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions
of this chapter and the county facilities fee program shall remain
in full force and effect.
(Ord. 1295 § 13, 2005)
A developer of any project subject to the fee described in this
chapter may apply to the city council for reduction or adjustment
to that fee, or a waiver of that fee, based upon the absence of any
reasonable relationship or nexus between the impacts of the development
and either the amount of the fee charged or the type of facilities
to be financed. The application shall be made in writing and filed
with the city clerk (1) ten days prior to the public hearing on the
development permit application for the project, or (2) if no development
permit is required, at the time of the filing of the request for a
building permit. The application shall state in detail the factual
basis for the claim of waiver, reduction or adjustment. The city council
shall consider the application at a public hearing held within sixty
days after the filing of the fee adjustment application. The city
shall prepare a staff report and recommendation for city council consideration.
The decision of the city council shall be final. If a reduction, adjustment,
or waiver is granted, any change in use within the project shall invalidate
the waiver, adjustment or reduction of the fee.
(Ord. 1295 § 14, 2005)
Pursuant to Title 14
Code of Regulations Sections 15061 and
15273(4), the ordinance codified in this chapter is exempt from the
California Environmental Quality Act.
(Ord. 1295 § 15, 2005)
The ordinance codified in this chapter shall take effect thirty
days from and after the date of its passage and before the expiration
of fifteen days after its passage, it shall be published once, with
the names of the members voting for and against the same in the Manteca
Bulletin, a newspaper published in Manteca, California.
(Ord. 1295 § 16, 2005)