This chapter shall be known as the "Interim Urban Level of Flood Protection Levee Impact Fee" regulation of the city of Lathrop. The city of Lathrop hereinafter shall be called "city." This chapter shall be applicable in the incorporated territory of the city.
(Ord. 17-374 § 3)
"Operative date" of this chapter begins on the sixtieth (60th) day following the adoption of the ordinance codified in this chapter and continuing for 30 years thereafter at which time, unless operative date is amended prior to that date, the collection of the impact fee pursuant to chapter shall cease.
(Ord. 17-374 § 3)
This chapter is adopted to impose a levee improvement development impact fee (levee fee) to ensure that new development pays its proportionate share of the levee improvement costs needed to provide urban level of flood protection (ULOP) to the Reclamation District 17 Area. This levee fee, in combination with other sources of funding described within the Interim ULOP Development Impact Fee Nexus Study (Nexus Study), will fund the project to provide 200 year flood protection to the Reclamation District 17 Area as detailed in the Nexus Study.
(Ord. 17-374 § 3)
The interim ULOP impact fee for Reclamation District 17 Levee System is:
Single-Family Residential
$17,054 Per Gross Developable Acre
Multifamily Residential
$18,667 Per Gross Developable Acre
Commercial
$19,236 Per Gross Developable Acre
Industrial
$15,080 Per Gross Developable Acre
(Ord. 17-374 § 3)
A project's GDA, for purposes of the fee calculation, is determined as follows:
A. 
For New Development of Vacant Land. In the case where a new structure is being constructed on vacant land or land that has not previously been developed:
1. 
Residential Land Uses.
a. 
For single-family residential projects that consist of residential uses that require a tentative and final map (i.e., more than four units), the GDA is the gross acreage of the large lot parcel or resulting parcels excluding major dedicated public land uses, such as major arterials, major collectors, drainage, utilities corridors, parks, schools, and other public facilities. An example calculation of GDA for this case is shown in Appendix C to the Nexus Study.
b. 
For all other single-family residential projects that have impacts to RD 17 facilities the project acreage is determined as follows:
i. 
For parcels up to 0.15 acres, the project acreage is the actual acreage of the parcel.
ii. 
For parcels greater than 0.15 of acre but less than five acres, the acreage is based on an assumed coverage ratio of a typical single-family home on a standard residential lot. The project acreage will be calculated by multiplying the square footage[1] of the residential structure by three and expressing this square footage in terms of acres (dividing by 43,560 square feet per acre). However, in no case will this resulting amount exceed the actual acreage of the parcel.
[1]
Square footage can be generally classified as all square footage of the structure excluding the square footage of garages, porches, decks, external entryways, awnings, carports, driveways, breezeways, out-buildings, carriage houses, sheds, and other similar non-habitable portion of the structure.
c. 
For all multifamily residential projects, project acreage is determined to be equivalent to the entire gross acreage of the parcel being developed.
2. 
Nonresidential Land Uses (Commercial and Industrial). For retail/office/industrial commercial projects, project acreage is determined by the actual acreage of the parcel where a structure being constructed less major dedicated public land uses, such as major arterials, major collectors, drainage, utilities corridors, parks, schools, and other public facilities.
B. 
For Development of Land with Existing or Pre-Existing Structures. In the case of expansion of an existing structure in excess of 300 square feet or the construction of a new structure within two years after demolition of a previous structure, GDA will be calculated as follows:
1. 
Residential Land Uses.
a. 
For a residential expansion project in excess of 300 new square feet, the GDA will be calculated by multiplying total new square footage of the expansion by three then expressing this square footage in terms of acres. (Dividing by 43,560 square feet per acre.)
b. 
For residential replacement projects, if the project involves development of a new residential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure), and the new structure is larger than the demolished structure by more than 300 square feet, the GDA will be calculated by multiplying the total net new square footage by three then expressing this square footage in terms of acres. (Dividing by 43,560 square feet per acre.) (In this case, the use of the previously demolished structure is not a factor. The net new square footage will be determined by subtracting from the new square footage the documented square footage of the previously existing structure.)
2. 
Nonresidential Land Uses.
a. 
For retail/office/commercial or industrial expansion projects, if the project involves the addition of new square footage in excess of 300 square feet, the GDA will be calculated by calculating the total net new square footage and expressing this square footage in terms of acres. (Dividing by 43,560 square feet per acre.)
b. 
For retail/office/commercial or industrial replacement projects, if the project involves development of a new nonresidential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure) and the new structure is larger than the demolished structure by more than 300 square feet, the GDA will be calculated by calculating the total net new square footage and expressing this square footage in terms of acres. (Dividing by 43,560 square feet per acre.) The net new square footage will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage.
(Ord. 17-374 § 3)
The following land uses and/or projects are exempt from the levee fee:
A. 
Agricultural Exemption. Agricultural land including development on rural residential parcels greater than five acres in size.
B. 
Pre-Existing Structures. Development projects that require a building permit and are not increasing the amount of new structure square footage are exempt from the fee. If the project involves adding no more than 300 new square feet, the project is exempt from the fee.
C. 
Addition/Replacement Damage. If the proposed project is an addition to an existing single-family residential dwelling unit, a replacement in kind because of fire damage or other natural disaster, or located on land owned by a government agency and is to be used solely for public use, the project will be exempt from the fee.
D. 
Structure Raised Above the Two hundred Year Floodplain Elevation. Projects with structures raised above the elevation of the 200 year flood as determined by the city or to structures removed from the 200 year floodplain by flood control improvements that meet the design standards applicable to the federalstate flood control system as determined by the city, shall be exempt from payment.
E. 
Open space.
F. 
Public agency owned land (including federal, state, and local agencies).
G. 
"Other" land defined as follows: with written approval from the city manager, any or all portions of the proposed fees may be waived if it can be determined to the city manager that a proposed project will not derive permanent benefit from the improvements for which the fees are collected (i.e., it can be shown that the property does not benefit from the flood protection). Written fee waivers may be available on a case-by-case basis for certain temporary structures, such as a mobile temporary structure used for construction management purposes. Any denial by the city manager of a requested exemption under this section may be appealed to a hearing officer by serving written notice on the city within 15 calendar days of the city manager's denial. Upon receipt of timely notice of appeal, city shall have no more than 30 days to scheduled appeal hearing before a hearing officer. The city shall initially bear the cost of hearing officer but hearing officer shall have the authority to order reimbursement of costs if the appeal is determined by the hearing officer to be frivolous.
(Ord. 17-374 § 3)
If any provision of this chapter or the application thereof to any entity or circumstance is held invalid, the remainder of the chapter and the application of such provision to other entities or circumstances shall not be affected thereby.
(Ord. 17-374 § 3)
All proceeds of the fee imposed under this chapter shall be placed in a separate fund established by the city (the levee fee fund). Separate and special accounts may be established in the levee fee fund and used to account for collected revenues, along with any interest earnings. Except for temporary borrowing from one city fund to another, the revenue (and interest) shall be used only for the purposes for which the levee fee was collected.
(Ord. 17-374 § 3)