Note: Prior code history: Prior code §§ 134.45—134.50.
This chapter of the Lathrop Municipal Code may be referred to as the "Impact Fee Ordinance," and is adopted pursuant to Government Code Sections 66000 et seq., (hereinafter "Mitigation Fee Act"). All words, phrases, and terms used in this title shall be interpreted in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined herein.
(Ord. 03-223 § 1; Ord. 07-271 § 1)
As used in this title:
"City engineer"
means the city engineer of the city of Lathrop, or any person designated by the city manager or city engineer to perform the functions of the "city engineer" specified in this title.
"City regulations"
means all written laws, rules, and policies established by the city, including those set forth in the Lathrop Municipal Code, ordinances, resolutions, policies, procedures, and the city's design documents (including the standard plans, standard specifications, design standards, and relevant public facility master plans).
"Developer"
means a person, or other legal entity, who applies to the city to divide or cause to be divided real property into a development project, or who applies to the city to develop or improve (into a development project) any existing parcel of real property.
"Development project"
means any project undertaken for the purpose of development, as defined in the Mitigation Fee Act, and shall specifically include any tentative parcel map, tentative subdivision map, final parcel map, final subdivision map, conditional use permit, site plan, planned unit development permit, or building permit.
"ENR"
means the Construction Cost Index for San Francisco published in the Engineering News Record (McGraw-Hill, Inc., publisher); or, if the index is no longer published, an index determined by the city engineer to be a recognized standard of the construction industry.
"Fee"
means a monetary exaction, other than a tax or an assessment, imposed in connection with approval of a development project for the purpose of defraying all or a portion of the cost of providing public facilities related to the development project, as more specifically defined in the Mitigation Fee Act.
"Fee fund"
means each of the separate and distinct funds into which fees for each public facility category are deposited.
"Impact fee ordinance"
means this chapter of the Lathrop Municipal Code.
"Implementing resolution"
means a resolution of the city council of the city of Lathrop in which the findings specified in Sections 3.20.040 and 3.20.050 are made for each public facility category.
"Lot"
means an individual undivided parcel of real property described on a final subdivision map or final parcel map approved by the city.
"Mitigation Fee Act"
means California Government Code Sections 66000 et seq.
"Program"
means all of the public facilities to be provided in any given public facility category.
"Public facility"
means public improvements, public services, and community amenities, as defined by the Mitigation Fee Act, including, but not limited to: roadways (including streets, traffic signals, and other public right-of-way improvements), storm drainage, water (including supply, treatment, and distribution), wastewater (including collection and treatment), parks, public buildings, parking lots, and other improvements or services identified in implementing resolutions adopted pursuant to this title.
"Public facility category"
means a separate and distinct set of public facilities as described by Section 3.20.040(B).
"Specified geographical area"
means the area within which development projects are subject to a fee, as identified in each implementing resolution.
"Specified public facility"
means those public facilities described in each implementing resolution, the total program costs of which are used as the basis for the calculation of a fee.
"Total program costs"
means those costs described in Section 3.20.060.
"Vested development rights"
means a developer's right to proceed with development of a development project in substantial compliance with the local ordinances, policies, and standards in effect at the time that the rights vest, as the term is defined in the vesting tentative map statutes (Government Code Sections 66498.1—66498.9), development agreement statutes (Government Code Sections 65864—65869.5), and state law.
(Ord. 03-223 § 1; Ord. 07-271 § 2)
Pursuant to the Mitigation Fee Act and this title, the city has established fees which will be imposed upon development projects for the purpose of mitigating the impact that the development projects have upon the city's ability to provide specified public facilities.
(Ord. 03-223 § 1)
A. 
The fees imposed by the city pursuant to this title shall be used to pay for the cost of providing specified public facilities, as described in implementing resolutions.
B. 
As described in each implementing resolution, the specified public facilities will be categorized into separate and distinct sets of public facilities based upon the type of public facility to be provided, the geographical area served by the public facility, or other identifying features. Each separate set of specified public facilities described in an implementing resolution shall be referred to in this title as a "public facility category."
C. 
For each separate public facility category, a separate fee shall be calculated and imposed, and each separately imposed fee shall be collected by the City and deposited in a separate and distinct "fee fund," subject to the accounting requirements of the Mitigation Fee Act.
D. 
In order to more effectively mitigate the impact of new development, and maximize the use of fee revenues, fee revenues may be used as temporary loans from one fee fund to another fee fund only if the city engineer finds all of the following, subject to the review and approval of the city council:
1. 
Based upon planned phasing of the public facilities, and anticipated timing of fee revenues to be collected, it is in the city's best interests to allow the temporary loan;
2. 
The development projects which are required to pay fees to the fee fund from which the loan is made will receive a benefit from the use of the loan by the separate fee fund to which the loan is made;
3. 
All requirements of the Mitigation Fee Act have been satisfied, including a specification of the amount loaned, the date of repayment, and the interest rate to be paid.
(Ord. 03-223 § 1)
Pursuant to the Mitigation Fee Act, for each public facility category, the city engineer shall calculate the amount of the fee in an implementing resolution. The implementing resolution shall identify the findings required by the Mitigation Fee Act, including:
A. 
The purpose and use of the fee, including a description of the specified public facilities to be provided;
B. 
The geographical area of the development projects subject to the fee;
C. 
The type of development project to be developed within the identified geographical area;
D. 
The estimated reasonable cost of providing the specified public facilities for which the fee is imposed;
E. 
The reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
F. 
The reasonable relationship between the need for the specified public facilities and the type of development project within the specified geographical area;
G. 
The reasonable relationship between the amount of the fee and the cost of the specified public facilities attributable to the development project on which the fee is imposed.
(Ord. 03-223 § 1)
For each public facility category, the city engineer shall calculate the total program costs which shall be equal to the estimated reasonable cost of providing the specified public facilities for which the fee is imposed, and which shall be incorporated into each implementing resolution. The total program costs shall be comprised of the following components:
A. 
Estimated construction costs of all public facilities as determined by the city engineer;
B. 
Estimated design costs in an amount specified in each implementing resolution;
C. 
Estimated construction management costs in an amount specified in each implementing resolution;
D. 
Estimated land acquisition costs in an amount specified in each implementing resolution;
E. 
Estimated program implementation costs in an amount specified in each implementing resolution;
F. 
Contingencies in an amount specified in each implementing resolution.
(Ord. 03-223 § 1)
A. 
The fee to be paid for each lot within a development project shall be the amount of the fee in effect, pursuant to implementing resolution, at the time that full payment is made to the city. The fee for each lot within a development project shall be paid in full prior to the issuance of any building permit unless deferred by resolution.
B. 
In the event that a partial fee payment is made for any lot, the full fee to be paid for that lot shall be the amount of the fee in effect, pursuant to implementing resolution, at the time that full payment is made to the city, less the amount of the partial payment.
C. 
The developer shall have the burden of proving the amount of any fee previously paid, the date on which payment was made, and the lot for which payment was made.
(Ord. 03-223 § 1; Ord. 07-271 § 3; Ord. 20-413 § 1)
The city shall update and adjust each fee annually, as authorized and required by the Mitigation Fee Act. The fee in effect at the time any developer obtains a vested development right shall be subject to adjustment by the city, as incorporated in updated implementing resolutions in effect at the time that full payment of the fee is made, based upon any or all of the criteria set forth in subsections A through C of this section. For the purpose of this section, the term "specified public facilities," as defined in Section 3.20.020, is limited to the specified public facilities to be designed and constructed in accordance with the city regulations in effect at the time the relevant developer obtained a vested development right.
A. 
Adjustments in the amount of the estimated construction costs of providing the specified public facilities based upon adjustments in the ENR. In addition to ENR adjustments which are calculated in the implementing resolution, each implementing resolution may include an automatic, semi-annual adjustment based upon the ENR. Any such automatic adjustment shall be effective as of the date reported at a regular meeting of the city council.
B. 
Adjustments to replace estimated costs with actual costs to provide the specified public facilities.
C. 
Adjustments to reflect more accurate cost estimates to provide the specified public facilities based upon more detailed analysis or design of the previously identified specified public facilities.
(Ord. 03-223 § 1; Ord. 07-271 § 4)
Each developer is hereby notified, pursuant to Government Code Section 66020, including Section 66020(d)(1), that the 90 day approval period (in which the developer may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project) shall begin on the date that the development project is approved or conditionally approved. If the developer fails to file a protest within the 90 day period, complying with all of the requirements of Government Code Section 66020, the developer will be legally barred from later challenging any such fees, dedications, reservations, or other exactions. These protest procedures shall only apply to the fees, dedications, reservations, or other exactions which have been determined in accordance with this title, and each respective implementing resolution.
(Ord. 03-223 § 1)