A.
In
order to implement the goals and objectives of the general plan and
to mitigate impacts caused by new development within the county of
San Joaquin, a county facilities fee program is necessary. The program
is needed to finance region-serving capital facilities located throughout
the county that are used by the residents and businesses within the
city and to assure that new development pays its proportional share
for these improvements.
B.
Fee
revenue collected pursuant to this chapter shall be remitted to the
county of San Joaquin who shall be responsible for administering the
fee funds and constructing the capital facilities.
C.
Title
7, Division 1, Chapter 5, Section 66000 et seq. of the California
Government Code provides that capital facilities fees may be enacted
and imposed on development projects. The city council finds and determines
that:
1.
New
development projects cause the need for construction, expansion or
improvement of capital facilities within the county of San Joaquin;
2.
Funds
for construction, expansion, or improvement of capital facilities
are not available to accommodate demand for service caused by development
projects; which results in inadequate capital facilities within San
Joaquin County.
D.
The
city council finds that the health, safety, peace, morals, convenience,
comfort, prosperity, and general welfare of the residents and businesses
within the city will be promoted by the adoption of county facilities
fees for construction, expansion, or improvement of region-serving
capital facilities.
(Ord. 1295 § 1, 2005)
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:
means the board of supervisors of the county of San Joaquin.
means and includes region-serving public improvements and
community amenities normally provided by the county of San Joaquin.
means the city of Manteca, a general law [charter] city organized
and existing under the constitution and laws of the state of California.
means the city council of the city of Manteca.
means the county of San Joaquin, a political subdivision
of the state of California.
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.
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.
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)
A.
In
establishing and imposing a fee as a condition of approval of a development
project, the following shall be done:
1.
Identify
the purpose of the fee;
2.
Identify
the use to which the fee is to be put;
3.
Determine
how there is a reasonable relationship between the fee's use and the
type of development project on which the fee is imposed; and
4.
Determine
that there is a reasonable relationship between the need for the capital
facility and the impacts caused by the type of development project
on which the fee is imposed.
B.
The
city, before establishing a capital facility fee as a condition of
approval of development projects, shall determine that there is a
reasonable relationship between the amount of the fee and the cost
of the capital facility or portion of the capital facility attributable
to the development on which the fee is imposed as documented in the
nexus report.
C.
Upon
receipt of funds from the city, derived through this chapter, the
county shall deposit, invest, account for, and expend the funds pursuant
to California Government Code Section 66006.
(Ord. 1295 §5, 2005)
A.
The
county shall report to the city council once each fiscal year concerning
the fees and accounts, including any portions of fees remaining unexpended
or uncommitted five or more years after deposit. The board of supervisors
shall make findings once each fiscal year with respect to any portion
of the fee remaining unexpended or uncommitted in its account five
or more years after deposit of the fee, to identify the purpose to
which the fee is put, and to demonstrate a reasonable relationship
between the fee and the purpose for which it was charged.
B.
A refund
of unexpended or uncommitted fee revenue for which a need cannot be
demonstrated, along with accrued interest may be made to the current
owner(s) of the development project(s) on a prorated basis. The county
may refund unexpended and uncommitted fee revenue that have been found
by the board of supervisors to be no longer needed, by direct payment
or by off-setting other obligations owed to the county by the current
owner(s) of the development project(s).
C.
If
the administrative costs of refunding unexpended and uncommitted revenues
collected pursuant to this section exceed the amount to be refunded,
county, after a capital hearing, for which notice has been published
pursuant to Government Code Section 6061 and posted in three prominent
places within the area of the development project, may determine that
the revenues shall be allocated for some other purpose for which the
fee is collected subject to this title that serves the project on
which the fee was originally imposed.
(Ord. 1295 § 6, 2005)
A.
Prior
to the issuance of any building permit, the applicant shall pay to
the city the fee as established by resolution of the city council.
B.
The
fee shall be determined by the fee schedule in effect on the date
the vesting tentative map or vesting parcel map is approved, or the
date a permit is issued.
C.
If
a development has multiple types of uses, the fee will be collected
proportionately on each use.
D.
When
application is made for a new building permit following the expiration
of a previously issued building permit for which the fee was paid,
the fee payment shall not be required, unless the fee schedule has
been amended during the interim, in this event, the appropriate increase
or decrease shall be imposed.
E.
In
the event that subsequent development occurs with respect to property
for which the fee has been paid, an additional fee shall be required
only for additional square footage of development that was not included
in computing the prior fee.
F.
When
a fee is paid for a development project and that project is subsequently
reduced so that it is entitled to a lower fee, the county shall issue
a partial refund of the fee.
G.
When
a fee is paid for a development project and the project is subsequently
abandoned without any further action beyond the obtaining of a building
permit the payor shall be entitled to a refund of the fee paid, less
the administrative portion of the fee.
H.
If
a development is converted to a more intense use, a fee shall be required
which shall be the difference between the current fee for the original
use and the current fee for the more intense use.
(Ord. 1295 §7, 2005)
A.
The
city shall hold fee revenues collected under this chapter in a separate
county facility fee account. Fee revenues accruing in this account
shall be remitted quarterly to the county of San Joaquin to be expended
for the purpose for which they were collected.
B.
The
county shall account for all fee revenues, including interest accrued,
and allocate them for the purposes for which the original fee was
imposed.
(Ord. 1295 § 8, 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)
A.
The
county has adopted a county facilities fee nexus report that indicates
the approximate location, size, time of availability, and estimates
of costs for region-serving capital facilities or improvements to
be financed with county facilities fee funds.
B.
The
county shall annually submit a report to the city council regarding
the proposed uses of county facilities fee funding.
C.
The
county facilities fee schedule established by resolution of the city
council shall annually be automatically adjusted by an amount determined
by the increase in the engineering construction cost index for the
previous year, as published by the engineering news record. The county
shall provide the city with notice and documentation of the fee adjustments
required, if any.
D.
The
county facilities fee schedule adopted by the city council shall be
annually reviewed by the city for consistency with the county facilities
fee nexus report, as it may be updated from time-to-time.
(Ord. 1295 § 10, 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)
