Chapter 3.32 DEVELOPMENT IMPACT FEES

The city council finds as follows:

The provision of new and upgraded facilities and infrastructure is necessary to protect and promote the health, safety and welfare of all the citizens of Oroville by reducing the adverse effects of urbanization and development.

It is necessary to enact and implement certain development impact fees to assure that all development in Oroville pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development.

The proper funding source for the cost associated with new development in Oroville is a specific development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.

The Development Impact Fee Report justifies the imposition of development impact fees on new construction by analyzing the detail sheets, assigning the costs on a fair-share basis to the various types of development, and assigning the resulting fee per development type based on the anticipated burden of such new development on city facilities and infrastructure and the need created by such development, or square footage, for new and upgraded facilities and infrastructure.

The Development Impact Fee Report identifies that residential, commercial and industrial developments generate a portion of the need for certain city facilities and infrastructure.

The purpose of the fees is to mitigate the impact on city facilities and infrastructure caused by increased demand for facilities and infrastructure from persons related with commercial, industrial, and residential development.

The fees will be used to finance city facilities and infrastructure, specifically law enforcement and fire protection services, streets, traffic signals and bridges, storm drainage facilities, sewer collection system, general facilities, vehicles and equipment, community center facilities, and parkland/open space acquisition and development.

The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts on the city by commercial, industrial and residential development.

The need for development impact fees to fund such public facilities and infrastructure is reasonably related to impacts on the city by commercial, industrial, and residential development.

To assure fair and legally sound implementation of the development impact fees established in this chapter, such fees and amount collected shall be reviewed annually pursuant to Government Code Section 66006(b).

To assure fair implementation of the development impact fees established in this chapter, the city council must have the latitude to defer or waive such fees in special cases, after notice and hearing, where better financing arrangements would result from such deferral, or where imposition of such fees would cause undue hardship.

To assure fair implementation of the development impact fees established by this chapter, provision must be made for extending such fees to subsequently annexed land that would benefit from the public facilities and infrastructure funded by these fees.

The provisions of this chapter are in addition to all other provisions of the Code of the City of Oroville, and all new commercial, industrial, and residential development in the city shall be subject to the provisions of this chapter and to all other provisions of the Code of the City of Oroville.

Notice of the public meeting adopting the ordinance codified in this chapter has been given in compliance with Government Code Sections 65091 and 66016 through 66018.

(Ord. 1687 § 1)

§ 3.32.020 Purpose and applicability.

The city council declares the purpose of this chapter is to provide for the means to finance adequate public facilities and infrastructure made necessary by new commercial, industrial, and residential development in the city to promote the health, safety, and welfare of the citizens of the City of Oroville. This chapter shall apply solely to construction of new commercial, industrial, and residential developments within the city. This chapter shall not apply to additions or improvements to dwelling units after construction is complete unless such improvements or additions increase the equivalent dwelling unit value of the property as defined in Section 3.32.030.

(Ord. 1687 § 1)

§ 3.32.030 Definitions.

"Detail Sheets"

are the Master Facility Project Detail Sheets describing each of the facilities mentioned herein and estimated costs. These documents, dated January 2003, were prepared by Management Services Institute.

"Development Impact Fee Report"

is the "Development Impact Fee and Nexus Calculation Report." This document, dated January 2003, was prepared by Management Services Institute and modified by the city council of the City of Oroville and summarizes the needed facilities mentioned herein and estimated costs and set forth the required nexus findings.

"Dwelling unit"

means a building designed for permanent or semi-permanent residential occupancy and provided with minimum kitchen, sleeping and sanitary facilities. The term "dwelling unit" includes individual units in multiple unit facilities designed for permanent or semi-permanent residential occupancy, such as apartments and duplexes, and also includes sites for mobile homes, trailers and similar habitation used for such occupancy. The term "dwelling unit" does not include hotels, motels or similar units used for transient occupancy, which shall be deemed commercial establishments.

"Equivalent dwelling unit"

means a unit, which, although not within the definition of a dwelling unit, is nonetheless treated as a dwelling unit for the purposes of city connection procedures and charges.

"Residential development unit"

means construction of one or more dwelling units.

"Secondary residential unit"

means a second dwelling unit on the same lot as an existing primary residential unit.

(Ord. 1687 § 1)

§ 3.32.040 Law enforcement.

Findings. The city council finds as follows:

The development of commercial, industrial, and residential property in the city will create a need for increased police protection services. As a result, additional officers will be needed to maintain the current level of services. The new officers will require expanded station facilities and additional patrol or unmarked vehicles.

Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.

The provision of expanded station facilities and vehicles is identified in the Law Enforcement Master Facility Plan and is necessary to provide adequate law enforcement services within the city.

The Development Impact Fee Report describes in detail the law enforcement facilities required to service new development, and estimates of the costs for station facilities and vehicles to provided those services.

The entire city will derive benefit from the station facilities and vehicles and should be assessed pursuant to this chapter and pay a fair share of the cost thereof based on the benefit derived there-from.

After consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves and adopts the Development Impact Fee Report as modified by the council, and based thereon finds that new development in the city will create law enforcement needs that the construction and acquisition of the public facilities or vehicles funded by this chapter will meet.

The council also finds that the costs of the law enforcement facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the city and that the fees are fairly apportioned on developments throughout the city on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development.

The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described more fully in the Development Impact Fee Report.

The council also finds that the cost estimates set forth in the Development Impact Fee Report are reasonable and will not exceed the reasonably estimated total of these costs.

10.

The law enforcement facilities fees collected pursuant to this chapter shall be used only to finance the law enforcement facilities described or identified in the Law Enforcement Master Facility Plan.

Imposition and Payment of Fees.

Each owner of a lot or parcel of property within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a law enforcement facilities fee to fund the cost of additional building space and patrol or unmarked vehicles, which will serve the city as identified in the Development Impact Fee Report.

The amount of the law enforcement facilities fee shall not exceed the fair share of the estimated cost of constructing and acquiring the facilities described herein and shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which may be further segregated by specific law enforcement facilities. That fund shall be known as the "law enforcement facilities fund." This fund, and interest earned thereon, shall be expended solely for expansion of existing station facilities and for additional patrol and unmarked vehicles, as shown in the Law Enforcement Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.050 Fire protection.

Findings. The city council finds as follows:

The development of commercial, industrial, and residential property in the city will create increased calls for fire protection services. As a result, expansion of existing facilities to house additional fire fighters and equipment will be needed to maintain the current level of service.

Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect health, safety and welfare of its citizens.

The expansion and/or renovation of existing fire protection facilities is identified in the Fire Protection Master Facility Plan and is necessary to provide adequate fire protection services within the city.

The Development Impact Fee Report describes in detail the number of calls for fire protection service by development, the expanded and/or renovated fire protection facilities required to service new development, and estimates of the costs of those facilities.

The entire city will derive benefit from the fire station facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new development in the city will create fire protection needs that the construction of the public facilities funded by this chapter will meet.

The council also finds that the costs of the expanded fire protection facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the city, and that the fees are fairly apportioned on development throughout the city on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development.

The council also finds that cost estimates set forth in the Development Impact Fee Report are reasonable and will not exceed the reasonably estimated total of these costs.

10.

The fire protection fees collected pursuant to this chapter shall be used only to finance the fire protection facilities described in the Fire Protection Master Facility Plan.

Imposition and Payment of Fees.

Each owner of a lot or parcel of property within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a fire protection facilities fee to fund the cost of fire protection facilities, which will serve the city as identified in the Development Impact Fee Report.

The amount of the fire protection facilities fee shall not exceed the fair share of the estimated cost of expanding and/or renovating the facilities described herein and shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund which may be further segregated by specific fire protection facilities projects. That fund shall be known as the "fire protection facilities fund." This fund, and interest earned thereon, shall be expended solely for expansion and/or renovating of existing fire protection facilities, as shown in the Fire Protection Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.060 Streets, traffic signals and bridges.

Findings. The city council finds as follows:

The development of commercial, industrial, and residential property in the city will generate additional vehicular travel. As a result, the addition of streets, traffic signals, bridges, and related facilities will be needed in the city to maintain the current level of service on existing roadways.

Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

The provision of streets, traffic signals, bridges, and related facilities is identified in the Streets, Traffic Signals, and Bridges Master Facility Plan and is necessary to provide adequate traffic flow within the city.

The Development Impact Fee Report describes in detail the additional vehicle trips generated by development, the streets, traffic signals, bridges, and related facilities required to service new development and estimates of the costs for those facilities.

The city will derive benefit from the streets, traffic signals, bridges, and related facilities and should be assessed per the provisions of this chapter and pay its fair share of the cost thereof based on the benefit derived therefrom.

After consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new commercial, industrial, and residential development in the city will create traffic impacts which the installation of streets, traffic signals, bridges, and related facilities funded by this chapter will offset.

The council also finds that the cost of the streets, traffic signals, bridges, and related facilities funded by this chapter are apportioned relative to the anticipated impacts created by commercial, industrial, and residential development within the city and that the fees are fairly apportioned on development throughout the city on the basis of benefits conferred on property proposed for commercial, industrial, and residential development and the need for such facilities created by the proposed development.

The council also finds that the cost estimates set forth in the Development Impact Fee Report are reasonable and will not exceed the reasonably estimated total of these costs.

10.

The streets, traffic signals, and bridges facilities fees collected pursuant to this chapter shall be used only to finance the streets, traffic signals, bridges, and related facilities described or identified in the Streets, Traffic Signals, and Bridges Master Facility Plan.

Imposition and Payment of Fees. Each owner of a lot or parcel of property within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a streets, traffic signals, and bridges facilities fee representing the owner's fair share of the estimated cost of streets, traffic signals, bridges, and related facilities identified in the Development Impact Fee Report. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which may be further segregated by specific streets, traffic signals, and bridges projects. That fund shall be known as the "streets, traffic signals, and bridges fund." This fund, and interest thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction, or reimbursement for construction, of streets, traffic signals, bridges, and related facilities, as shown in the Streets, Traffic Signals, and Bridges Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.070 Storm drainage facilities.

Findings. The city council finds as follows:

The development of commercial, industrial, and residential property in the city will generate increased stormwater flow. This stormwater will create a need for expansion of existing storm drainage facilities to accommodate increased flow from new commercial, industrial, and residential development.

The provision of expanded storm drainage facilities is identified in the Storm Drainage Facilities Master Facility Plan and is necessary to provide adequate storm drainage facilities services within the city.

The entire city will derive benefit from the construction or reconstruction of storm drainage facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After the consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new development in the city will create storm drainage facilities need that the construction and acquisition of the public improvements funded by this chapter will meet.

The cost of the storm drainage facilities funded by this chapter is apportioned relative to the anticipated contribution to stormwater runoff created by commercial, industrial, and residential development in the city, and that the fees are fairly apportioned on individual dwelling units, and commercial and industrial development throughout the city on the basis of benefits conferred on property to be developed and the need for such storm drainage facilities created by the development.

The facts and evidence establish that there is a reasonable relationship between the need for the described storm drainage facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and types of development for which the fee is charged. This reasonable relationship is described in more detail in the Development Impact Fee Report.

The cost estimates set forth in the Development Impact Fee Report are reasonable cost estimates for constructing or reconstructing the storm drainage facilities proposed therein and the fees collected from commercial, industrial, and residential development will not exceed the reasonably estimated total of these costs.

The storm drainage facilities fees collected pursuant to this chapter shall be used only to finance the storm drainage facilities described or identified in the Storm Drainage Facilities Master Facility Plan.

Imposition and Payment of Fees. Each owner of a lot or parcel within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a storm drainage facilities fee representing the owner's fair share of the estimated cost of the construction or reconstruction of storm drainage facilities serving the city as identified in the Development Impact Fee Report. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which shall be further segregated by specific storm drainage facilities projects. That fund shall be known as the "storm drainage facilities fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction or reimbursement of construction of the storm drainage facilities, as shown in the Storm Drainage Facilities Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.080 Sewer collection system.

Findings. The city council finds as follows:

The development of commercial, industrial, and residential property in the city will generate additional sewerage. This increase will create a need for expansion of the existing sewer collection system to accommodate increased sewerage from new commercial, industrial, and residential development.

The provision of the expanded sewer collection system is identified in the Sewer Collection System Master Facility Plan and is necessary to provide adequate sewer collection system services within the city.

The entire city will derive benefit from the construction or reconstruction of the sewer collection system and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After the consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new development in the city will create sewer collection system need that the construction and acquisition of the public improvements funded by this chapter will meet.

The cost of the sewer collection system funded by this chapter is apportioned relative to the anticipated contribution to sewerage created by commercial, industrial, and residential development in the city, and that the fees are fairly apportioned on development throughout the city on the basis of benefits conferred on property to be developed and the need for such sewer collection system created by the development.

The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and types of development for which the fee is charged. This reasonable relationship is described more fully in the Development Impact Fee Report.

The cost estimates set forth in the Development Impact Fee Report are reasonable cost estimates for constructing or reconstructing the sewer collection system proposed therein and the fees collected from commercial, industrial, and residential development will not exceed the reasonably estimated total of these costs.

The sewer collection system fees collected pursuant to this chapter shall be used only to finance the sewer collection system described or identified in the Sewer Collection System Master Facility Plan.

Imposition and Payment of Fees. Each owner of a lot or parcel within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a sewer collection system fee representing the owner's fair share of the estimated cost of the construction or reconstruction of sewer collection system serving the city as identified in the Development Impact Fee Report. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which shall be further segregated by specific sewer collection system projects. That fund shall be known as the "sewer collection system fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction or reimbursement of construction of the sewer collection system, as shown in the Sewer Collection System Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.090 General facilities, vehicles and equipment.

Findings. The city council finds as follows:

The development of residential, commercial, and industrial property in the city will generate an increased population. This increase will create a need for expansion of existing city general facilities, vehicles, and equipment to accommodate an increased population from new commercial, industrial, and residential development.

The provision of expanded general facilities, vehicles, and equipment is identified in the General Facilities, Vehicles, and Equipment Master Facility Plan and is necessary to provide adequate general facilities, vehicles, and equipment services within the city.

The entire city will derive benefit from the provision of general facilities, vehicles, and equipment and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After the consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new development in the city will create general facilities, vehicles, and equipment need that this chapter will meet.

The cost of the general facilities, vehicles, and equipment funded by this chapter is apportioned relative to the anticipated contribution to population growth created by commercial, industrial, and residential development in the city, and that the fees are fairly apportioned on development through-out the city on the basis of benefits conferred on property to be developed and the need for such general facilities, vehicles, and equipment created by the development.

The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities, vehicles, and equipment and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and types of development for which the fee is charged. This reasonable relationship is described more fully in the Development Impact Fee Report.

The cost estimates set forth in the Development Impact Fee Report are reasonable cost estimates for providing the general facilities, vehicles, and equipment proposed herein and the fees collected from commercial, industrial, and residential development will not exceed the reasonably estimated total of these costs.

The general facilities, vehicles and equipment fees collected pursuant to this chapter shall be used only to finance the general facilities, vehicles, and equipment described or identified in the General Facilities, Vehicles, and Equipment Master Facility Plan.

Imposition and Payment of Fees. Each owner of a lot or parcel within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent unit, as defined in Section 3.32.030, a general facilities, vehicles and equipment fee representing the owner's fair share of the estimated cost of the provision of general facilities, vehicles, and equipment serving the city as identified in the Development Impact Fee Report. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund that shall be further segregated by specific general facilities, vehicles, and equipment projects. That fund shall be known as the "general facilities, vehicles, and equipment fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of general facilities, vehicles, and equipment, as shown in the General Facilities, Vehicles and Equipment Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.100 Community center facilities.

Findings. The city council finds as follows:

The development of residential, commercial, and industrial property in the city will generate additional population and a need for community facilities. This growth will create a need for expansion of existing streets and roads to accommodate increased traffic from new commercial, industrial and residential development.

The provision of expanded community center facilities is identified in the Community Center Facilities Master Facility Plan and is necessary to provide adequate community center facilities services within the city.

The entire city will derive benefit from the construction or reconstruction of community center facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After the consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new development in the city will create community center facilities need that the construction and acquisition of the public improvements funded by this chapter will meet.

The cost of the community center facilities funded by this chapter is apportioned relative to the anticipated contribution to the population created by commercial, industrial, and residential development in the city, and that the fees are fairly apportioned on individual dwelling units, commercial, and industrial development throughout the city on the basis of benefits conferred on property to be developed and the need for such community center facilities created by the development.

The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and types of development for which the fee is charged. This reasonable relationship is described in more detail in the Development Impact Fee Report.

The cost estimates set forth in the Development Impact Fee Report are reasonable cost estimates for constructing or reconstructing the community center facilities proposed therein and the fees collected from commercial, industrial, and residential development will not exceed the reasonably estimated total of these costs.

The community center facilities fees collected pursuant to this chapter shall be used only to finance the community center facilities described or identified in the Community Center Facilities Master Facility Plan.

Imposition and Payment of Fees. Each owner of a lot or parcel within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a community center facilities fee representing the owner's fair share of the estimated cost of the construction or reconstruction of community center facilities serving the city as identified in the Development Impact Fee Report. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which shall be further segregated by specific community center facilities projects. That fund shall be known as the "community center facilities fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction or reimbursement of construction of community center facilities, as shown in the Community Center Facilities Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.110 Parkland/open space acquisition and development.

Findings. The city council finds as follows:

The development of residential property in the city will create a need for increased park services. As a result, additional parks will be needed to maintain the current quality of life. The new parks/open spaces will require expanded facilities and additional patrol or maintenance.

The provision of expanded parkland/open space acquisition and development is identified in the Parkland/Open Space Acquisition and Development Master Facility Plan and is necessary to provide adequate parkland/open space acquisition and development services within the city.

The entire city will derive benefit from the construction or reconstruction of parkland/open space acquisition and development and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After the consideration of the Development Impact Fee Report and testimony at this public hearing, the city council hereby approves the Development Impact Fee Report, and based thereon finds that new development in the city will create parkland/open space acquisition and development need that the construction and acquisition of the public improvements funded by this chapter will meet.

The cost of the parkland/open space acquisition and development funded by this chapter is apportioned relative to the anticipated contribution to traffic created by commercial, industrial, and residential development in the city, and that the fees are fairly apportioned on individual dwelling units, commercial, and industrial development throughout the city on the basis of benefits conferred on property to be developed and the need for such parkland/open space acquisition and development created by the development.

The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and types of development for which the fee is charged. This reasonable relationship is described more fully in the Development Impact Fee Report.

The cost estimates set forth in the Development Impact Fee Report are reasonable cost estimates for constructing or reconstructing the parkland/open space acquisition and development proposed therein and the fees collected from commercial, industrial, and residential development will not exceed the reasonably estimated total of these costs.

The parkland/open space acquisition and development fees collected pursuant to this chapter shall be used only to finance the parkland/open space acquisition and development described or identified in the Parkland/Open Space Acquisition and Development Master Facility Plan.

Imposition and Payment of Fees. Each owner of a lot or parcel within the city shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, a parkland/open space acquisition and development fee representing the owner's fair share of the estimated cost of the acquisition, construction or reconstruction of parkland/open space acquisition and development serving the city as identified in the Development Impact Fee Report. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which shall be further segregated by specific parkland/open space acquisition and development projects. That fund shall be known as the "parkland/open space acquisition and development fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of land, if necessary, and the design and construction or reimbursement of construction of parkland/open space acquisition and development, as shown in the Parkland/Open Space Acquisition and Development Master Facility Plan.

(Ord. 1687 § 1)

§ 3.32.115 Feather River Recreation and Park District fees.

The City of Oroville (the "city") shall not issue a building permit for a residential unit absent receipt by the city of written certification from the Feather River Recreation and Park District (the "district") to the building permit applicant that the building permit applicant has paid district the residential unit impact fees adopted by the board of directors of the district, except that such fees shall not exceed the following amounts as indicated in the Supplemental Development Impact Fee Calculation and Nexus Report prepared by SCI Consulting Group:

Single family detached	See Master Fee Schedule
Single family attached	See Master Fee Schedule
Multiple family	See Master Fee Schedule
Mobile home	See Master Fee Schedule

Any amendment to the above fee schedule shall not be applicable within the city without an amendment to this section.

The fees set forth above shall be subject to annual adjustments in park development costs based on current dollars, as reflected in the Engineering News Record Construction Cost Index for San Francisco ("ENR CCI"). Net change in such costs shall be measured from a base date of April 15, 2009.

This section shall not apply to any building permit applications for properties located outside the boundaries of the district.

The city council may waive the requirement that the city receive written certification from the district upon making findings based upon substantial evidence that: (1) the required fee has been paid; and (2) the district failed to provide the certification of payment to the applicant within five business days of receipt of the payment. In addition, no certification shall be required if the city council makes findings based on substantial evidence that the board of directors of the district has either not adopted or eliminated entirely the residential unit impact fees.

The property known as "Oro Bay" (the "Oro Bay Property") shall be exempt from the fee schedule set forth in this section, including any increases in said fee schedule. The Oro Bay Property consists of the real property subject to the Oro Bay Specific Plan, as approved by the city pursuant to Resolution 7138.

This section shall be repealed if the district increases its residential impact fees application to city building permits without the prior amendment of this section.

(Ord. 1812 §§ 1—7, 2016)

§ 3.32.120 Thermalito storm drainage facilities.

Findings. The city council finds as follows:

The development of commercial, industrial, and residential property in the city's Thermalito drainage area will generate increased stormwater flow. This stormwater will create a need for expansion of existing storm drainage facilities to accommodate increased flow from new commercial, industrial, and residential development.

The provisions for expanded or modified storm drainage facilities to mitigate for increased storm-water flow are identified in the update of the Thermalito Master Drainage Plans and are necessary to provide adequate storm drainage facilities services within the city's Thermalito drainage area.

The city's Thermalito drainage area will derive benefit from the construction or reconstruction of storm drainage facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

After the consideration of the Thermalito Nexus Study and testimony at this public hearing, the city council hereby approves the Thermalito Nexus Study, and based thereon finds that new development in the city's Thermalito drainage area will create storm drainage facilities needs that the construction and acquisition of the public improvements funded by this chapter will meet.

The cost estimates set forth in the Development Impact Fee Report are reasonable cost estimates for constructing or modifying the storm drainage facilities proposed therein and the fees collected from commercial, industrial, and residential development will not exceed the reasonably estimated total of these costs.

The storm drainage facilities fees collected pursuant to this chapter shall be used only to finance the Thermalito drainage area storm drainage facilities described or identified in the Thermalito Master Drainage Plans.

Imposition and Payment of Fees. Each owner of a lot or parcel within the city's Thermalito drainage area shall pay to the city as a condition of a building permit for the construction of any commercial or industrial development project or dwelling unit or equivalent dwelling unit, as defined in Section 3.32.030, storm drainage facilities fee representing the owner's fair share of the estimated cost of the construction or modification of storm drainage facilities within the Thermalito drainage area as identified in the Thermalito Master Drainage Plans. The amount of this fee shall be established and reviewed annually by resolution of the city council.

Accounting and Disbursement of Fees. The fees paid pursuant to subsection B of this section shall be placed in a special fund, which shall be known as the "Thermalito drainage impact fee fund." This fund, and interest earned thereon, shall be expended solely for the acquisition of and, if necessary, the design and construction or reimbursement of construction of the storm drainage facilities, as shown in the Thermalito Master Drainage Plans.

(Ord. 1788 § 6)

§ 3.32.130 Development fee credits.

The owner of a lot or parcel of property otherwise required to pay a fee under this chapter shall receive a credit for a corresponding development impact fee when that owner constructs or donates a facility, or a portion thereof, identified in the Master Facility Plan Detail Sheets, regardless of how it may be financed, that serves the owner's lot or parcel. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development impact fee to be paid pursuant to the chapter.

The amount of the development fee credit shall not exceed the city's most recent estimated cost of constructing or furnishing the facility, or the portion of the facility actually completed or purchased, by contract or by utilizing city forces.

The owner of a lot or parcel of property may be further entitled to a development fee credit where the city determines, on a case-by-case basis prior to construction or acquisition of an improvement, that the construction of the facility, or a portion thereof, will be necessary to provide basic services to the entire city, even though it does not directly serve the owner's project or is of greater capacity than that required to serve the owner's project.

The amount of the development impact fee credit shall be determined after inspection and acceptance of the facility at the time of payment of the corresponding development impact fee.

If an owner pays a development impact fee assessed under this chapter and later elects, after city approval, to accelerate the development by construction or by purchasing facilities identified in the Master Facility Plan Detail Sheets, the owner may apply for and receive a refund, up to the amount of the development fee, for such facilities after those facilities are certified by the city community services director as complying with the appropriate Master Facility Plan, city ordinances, and applicable law.

To the extent that an owner is granted a development impact fee credit, such owner shall not be entitled to a future reimbursement except as provided in Section 3.32.140.

A development impact fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor in interest of the original owner until credit has been fully received.

(Ord. 1687 § 1; Ord. 1788 § 3)

§ 3.32.140 Reimbursement.

The owner of a lot or parcel of property, otherwise required to pay a development impact fee under this chapter, shall be entitled to enter into a reimbursement agreement with the city for reimbursement from subsequently collected development fees for the direct and verifiable costs of installing or furnishing public improvements, or portions thereof, identified in the appropriate Master Facility Plan where all of the following conditions are satisfied:

The owner has constructed a public improvement, or portion thereof, that is identified in the appropriate Master Facility Plan.

The city required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner's project.

The city approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable.

The public improvement, or portion thereof, has been dedicated to the public and accepted by the city.

The city shall not reimburse the owner for costs related to financing any public improvement.

An owner shall be entitled only to reimbursement to the extent that any public improvement benefits property not within the owner's project. Thus, an owner may receive a development impact fee credit as provided in Section 3.32.130 for the portion of a public improvement that serves the owner's project and reimbursement for the oversized or extra-capacity or extended portion of a public improvement that benefits subsequently developed property owned by another person.

In no event shall an owner receive a development impact fee credit and/or reimbursement in excess of the city's most recent estimated cost of constructing the public improvement, or the portion of the improvement actually complete, by contract or by utilizing city forces.

Any reimbursement agreement entered into under this section shall require the city, for a period of up to 20 years, to reimburse the owner from the proceeds of the development impact fees collected from new projects that directly benefit from the public improvements financed by the development impact fee or fees and which are the subject of the reimbursement agreement. Reimbursement shall be made only from a fee collected to fund the acquisition or construction of an improvement, which is of the same type as the improvement constructed by the owner. The terms of the reimbursement shall be set forth in a reimbursement agreement approved by the city attorney.

(Ord. 1687 § 1; Ord. 1788 § 4)

§ 3.32.145 Development impact fee deferrals.

The development impact fees assessed and levied pursuant to the provisions of this chapter upon the owner of property located within the city incident to the construction of a new building or structure on such property, or incident to the construction of alterations or additions to an existing building or structure on the property, may be deferred by the owner of the property under the following circumstances:

Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used solely for single-family residential purposes, payment of such building and equipment fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date one year (365 consecutive days) from the issuance of such building permit, or the date of the issuance of an approved final inspection for the building on which the construction work is being performed, which-ever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

Entered into an agreement with the city undertaking to pay such deferred development impact fees at the time and in the manner provided for by this subsection, which agreement shall be in a form approved by the city attorney and recorded against the property, or provided a letter of credit from a lending institution, in a form approved by the city attorney, which guarantees payment of such deferred fees at the time and in the manner provided for by this subsection; and

Paid to the city an additional fee in the amount equal to 2% of the deferred development impact fees or $500.00, whichever is less, as and for the administrative costs to be incurred by the city by reason of such fee deferral.

Where the owner of the property is constructing a new building or structure on the property, or constructing alterations or additions to an existing building or structure on the property which is or will be used for multifamily residential purposes or for a nonresidential purpose, payment of such development impact fees may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date one year from the issuance of such building permit, or the date of the issuance of an approved final inspection for the building or structure on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

Entered into an agreement with the city undertaking to pay such deferred development impact fees at the time and in the manner provided by this subsection, which agreement shall be in a form approved by the city attorney;

Executed a deed of trust securing performance of the property owner's duties and obligations under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust; and

Paid to the city an additional fee in an amount equal to 2% of the deferred development impact fees, or $1,000.00, whichever is less, as and for the administrative costs to be incurred by the city by reason of such fee deferral.

(Ord. 1843 § 1, 2020)

§ 3.32.150 Disposition of unappropriated revenues.

Commencing with the fifth fiscal year following the first year of receipt of any revenues from fees collected pursuant to the provisions of this chapter and in each fiscal year thereafter, the finance director shall provide the city council with a report which sets forth the total amount of all such fee revenues that were received and deposited in all of the various funds provided by this chapter in each fiscal year prior to the date of such report but which remain unappropriated as of the date of the report; provided, however, the finance director shall not be required to make such report in any year in which there were no unappropriated fee revenues in any such fund which were received and deposited in the fund more than 5 years prior to the date of the report.

Commencing with the fifth fiscal year following the first year of receipt of any revenues from fees collected pursuant to the provisions of this chapter and in each fiscal year thereafter, the city council, following the receipt of the finance director's report, shall take one of the following actions required by Section 66001 of the Government Code with respect to any unappropriated fee revenues in the various funds provided for by this chapter which were received and deposited in such funds 5 or more years prior to the date of such report:

Appropriate all or any part of such unappropriated fee revenues for the construction, installation and/or acquisition of the facilities, buildings or equipment for which the fees were imposed;

Make a finding with respect to all or any part of such unappropriated fee revenues which identifies the purpose to which the revenues are to be put and which demonstrates a reasonable relationship between the fees from which the revenues are derived and the purpose for which they were imposed; or

Provide for the refund of all or any part of such unappropriated fee revenues, together with any interest accrued thereon, to the current owner of any property for which fees were paid; provided, however, that if the administrative costs of refunding such fee revenues exceed the amount to be refunded, the city council, after considering the matter at a public hearing, may appropriate such revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this chapter or any other chapter to this Code and which the council determines will benefit the properties for which such development impact fees were charged or otherwise imposed.

(Ord. 1687 § 1; Ord. 1788 § 5)