Unless otherwise specifically described in this chapter, all provisions of Chapters 3.20, 3.21 and 3.22 of this title shall apply to County Capital Facilities Fees. The definition of "County Capital Facilities Fees" includes all development impact fees collected to offset the costs associated with the construction of capital facilities as defined herein. The provisions of all other chapters of this title shall not apply to County Capital Facilities Fees.
(Ord. 05-247 § 1)
A. 
In order to implement the goals and objectives of the city's general plan and to mitigate impacts caused by new development within the city, a county facilities fee program is necessary. The County Capital Facilities Fee 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 the capital facilities necessary to serve it.
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 County of San Joaquin.
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 enhanced by the adoption of a County Capital Facilities Fee for construction, expansion, or improvement of region-serving capital facilities.
(Ord. 05-247 § 1)
The County Capital Facility Fee enacted pursuant to this chapter is 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. 05-247 § 1)
This chapter is adopted under the authority of the Mitigation Fee Act, Title 7, Division 1, Chapter 5 of the California Government Code, Sections 66000 et seq.
(Ord. 05-247 § 1)
The following words or phrases, when used in this chapter and in resolutions adopted pursuant thereto, shall have the following meanings:
"Board of Supervisors"
means the Board of Supervisors of the County of San Joaquin.
"Capital facilities"
means region-serving public improvements and community amenities normally provided by the County of San Joaquin.
"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. 05-247 § 1)
A. 
The adoption of the County Capital Facilities Fee is a legislative act and shall be enacted by resolution after a noticed public hearing before the city council. Pursuant to the Mitigation Fee Act, 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:
1. 
The purpose and use of the fee, including a description of the specified public facilities to be provided.
2. 
The geographical area of the development projects subject to the fee.
3. 
The type of development project to be developed within the identified geographical area.
4. 
The estimated reasonable cost of providing the specified public facilities for which the fee is imposed.
5. 
The reasonable relationship between the fee's use and the type of development project on which the fee is imposed.
6. 
The reasonable relationship between the need for the specified public facilities and the type of development project within the specified geographical area.
7. 
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 as documented in the Nexus Report.
B. 
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. 05-247 § 1)
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) by the county on a prorated basis. The county may refund unexpended and uncommitted fee revenue that has 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 chapter exceed the amount to be refunded, the county, after a public 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 chapter that serves the project on which the fee was originally imposed.
(Ord. 05-247 § 1)
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 application is deemed complete, or the date a permit is issued.
C. 
If a development contains 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, and 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 from the county of the fee paid, less the administrative portion of the fee.
H. 
If, following payment of the fee, a development is converted to a more intense use, a fee shall be required which shall be the difference between the fee paid and the current fee for the more intense use.
(Ord. 05-247 § 1)
A. 
The city shall hold fee revenues collected under this chapter in a separate county Capital 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. 05-247 § 1)
No fee may be applied to building permits obtained solely for purposes of reconstruction of any residential, commercial or industrial structure that is damaged or destroyed as a result of a natural disaster as declared by the Governor.
(Ord. 05-247 § 1)
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 Capital Facilities Fee funds.
B. 
The county shall annually submit a report to the city council regarding the proposed uses of county Capital Facilities Fee funding.
(Ord. 05-247 § 1)
A. 
The county Capital 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.
B. 
The county Capital Facilities Fee schedule adopted by the city council shall be annually reviewed by the city for consistency with the county Capital Facilities Fee Nexus Report, as it may be updated from time to time.
(Ord. 05-247 § 1)
This chapter and any subsequent amendment to the county Capital Facilities Fee shall be read together. With respect to any county Capital Facilities Fee enacted by resolution under this chapter, any provision of such fee that is in conflict with this chapter shall be void.
(Ord. 05-247 § 1)
A developer of any project subject to the fee described in this chapter may apply to the city council for adjustment to 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 either: (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 for adjustment. The city council shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application. The development and engineering services director shall prepare a staff report and recommendation for city council consideration. The decision of the city council shall be final. If an adjustment is granted, any change in the proposed use of the applicable development project prior to issuance of a certificate of occupancy shall invalidate the adjustment of the fee and payment of the fee shall be made prior to issuance of certificate of occupancy.
(Ord. 05-247 § 1)