Note: Prior ordinance history: Ords. 1414, 1445 and 1643.
A.
Every
person constructing any new residential, commercial or industrial
structure shall pay to the city the following capital impact fees:
B.
The
amount of each development impact fee shall be established by a resolution
of the city council.
(Prior code § 7810.0; Ord. 1810 § 1, 2006)
A.
Purpose.
In order to implement the goals and objectives of the recreation element
of the open space/conservation element of the city's general plan
and to mitigate additional burdens on existing park facilities created
by new residential developments, additional park acreage should be
developed. The city council has determined that a development impact
fee is needed in order to finance these public improvements and to
pay for the development's fair share of the construction costs of
these improvements. In establishing the fee described in subsequent
sections, the city council has found the fee to be consistent with
its general plan.
B.
Park
Acquisition and Development Impact Fee. A park acquisition and development
fee is established on issuance of all building permits for development
within the boundaries of the city to pay for acquiring of and improvement
to land designated for park use. The city council shall, by resolution,
set forth the specific amount of the fee, describe the benefit and
impact area on which the fee is imposed, list the specific public
improvements to be financed, describe the estimated cost of these
facilities, describe the reasonable relationship between this fee
and the various types of new developments and set forth the time of
payment. On an annual basis, the city council shall review this fee
every five years to determine whether the fee amounts are reasonably
related to the impacts of developments and whether the described public
facilities are still needed.
C.
Pursuant
to Section 66477 of the California Government Code (hereinafter, the
Quimby Act), the subdivider shall be required to dedicate land, pay
fees in lieu thereof, or pay and dedicate a combination of both, for
park and/or recreational purposes, including open space purposes.
The standards for land dedication or in lieu fees are established
in city council Ordinance No. 1811.
(Prior code § 7811.0; Ord. 1810 § 11, 2006; Ord. 1811 § 1, 2006)
A.
Purpose.
In order to implement the goals and objectives of the general
plan element for traffic facilities of the city's general plan, and
to mitigate the additional traffic burdens created by new development
to the city's arterial and collector street system, certain traffic
signal system and intersection improvements at major intersections
on the city's system of arterial and collector streets should be constructed.
The city council has determined that a development impact fee is needed
in order to finance these public improvements and to pay for the development's
fair share of the construction costs of these improvements. In establishing
the fee described in subsequent sections, the city council has found
the fee to be consistent with its general plan and, pursuant to Government
Code Section 65913.2, has considered the effects of the fee with respect
to the city's housing needs as established in the housing element
of the general plan.
B.
Street
and Traffic Facilities Development Impact Fee.
A street and traffic facilities development fee is established
on issuance of all building permits for development within the boundaries
of the city to pay for traffic signal systems and related intersection
improvements at major intersections throughout the city. The city
council shall, by resolution, set forth the specific amount of the
fee, describe the benefit and impact area on which the fee is imposed,
list the specific public improvements to be financed, describe the
estimated cost of these facilities, describe the reasonable relationship
between this fee and the various types of new developments and set
forth the time of payment. The city council shall review this fee
every five years to determine whether the fee amounts are reasonably
related to the impacts of developments and whether the described public
facilities are still needed.
(Prior code § 7812.0; Ord. 1810 § 1, 2006)
A.
Purpose.
In order to implement the goals and objectives of the master
plan of the city's storm drain master plan, and to mitigate the stormwater
runoff impacts caused by new development within the boundaries of
the city, certain public storm drain facilities should be constructed.
The city council has determined that a development impact fee is needed
in order to finance these public improvements and to pay for the development'
s fair share of the construction costs of these improvements. In establishing
the fee described in the following section, the city council has found
the fee to be consistent with the city' s storm drain master plan
and, pursuant to Government Code Section 65913.2, has considered the
effects of the fee with respect to the city's housing needs as established
in the housing element of the general plan.
B.
Storm
Drain Development Impact Fee.
A storm drain development fee is established upon issuance of
all building permits for development within the boundaries of the
city to pay for storm drain public improvements. The city council
shall, by resolution, set forth the specific amount of the fee, describe
the benefit and impact area on which the fee is imposed, list the
specific public improvements to be financed, describe the estimated
cost of these facilities, describe the reasonable relationship between
this fee and the various types of new developments and set forth the
time of payment. The city council shall review this fee every five
years to determine whether the fee amounts are reasonably related
to the impacts of developments and whether the described public facilities
are still needed.
(Prior code § 7813.0; Ord. 1810 § 1, 2006)
A.
Purpose.
In order to implement the goals and objectives of the general
plan certain general government, fire, and police facilities should
be developed and/or constructed. The city council has determined that
a development impact fee is needed in order to finance these public
improvements and to pay for the development's fair share of the construction
costs of these improvements. In establishing the fee described in
the following section, the city council has found the fee to be consistent
with Government Code Section 65913.2.
B.
Other
General Development Impact Fees.
Development impact fees for general government, fire and police
are established upon issuance of all building permits for development
within the boundaries of the city to pay for public improvements.
The city council shall, by resolution, set forth the specific amount
of these fees, describe the benefit and impact area on which the fees
are imposed, list the specific public improvements to be financed,
describe the estimated costs of these facilities, describe the reasonable
relationship between the fees and the various types of new developments
and set forth the time of payment. The city council shall review the
three categories of fees every five years to determine whether the
fee amounts are reasonably related to the impacts of developments
and whether the described public facilities are still needed.
(Prior code § 7814.0; Ord. 1810 § 1, 2006)
Each fee imposed by this chapter shall be adjusted on July 1st
of each fiscal year, by a percentage equal to the Consumer Price Index
for the preceding 12 months, with the exception of the street and
traffic facilities development impact fee that shall be adjusted using
the construction index.
(Prior code § 7815.0; Ord. 1810 § 1, 2006)
All of the sums collected pursuant to this chapter shall be
deposited in four development funds, which shall include a fund for
park acquisition or development, a fund for storm drain system development,
a fund for street and traffic facilities development, and a fund for
general government, fire and police. All of these sums, along with
any interest earnings, shall be used solely for the following purposes:
A.
Pay
for the city's future construction of facilities described in the
resolution enacted pursuant to this chapter or to reimburse the city
for those described or listed facilities constructed by the city with
funds advanced by the city from other sources; or
B.
Reimburse
developers who have been required or permitted to construct facilities
to install such listed facilities, which are oversized with supplemental
size, length or capacity.
(Prior code § 7816.0; Ord. 1810 § 1, 2006)
Whenever a developer is required, as a condition of approval
of a development permit, to construct a public facility described
in a resolution adopted pursuant to this chapter, which facility is
determined by the city to have supplemental size, length or capacity
over that needed for the impacts of that development, and when such
construction is necessary to ensure efficient and timely construction
of the facilities network, a reimbursement agreement with the developer
and a credit against the fee, which would otherwise be charged pursuant
to this chapter on the development project, shall be offered. The
reimbursement amount shall not include the portion of the improvement
needed to provide services or mitigate the need for the facility or
the burdens created by the development.
(Prior code § 7818.0; Ord. 1810 § 1, 2006)
A developer of any project subject to the capital impact fees
described in this chapter may apply to the city council for a reduction
or adjustment to any of the fees, or a waiver of any or all fees,
based upon the absence of any reasonable relationship or nexus between
the impacts of that development and either the amount of the fee or
fees charged or the type of facilities to be financed. The application
shall be made in writing and filed with the city clerk no later than
10 days prior to the public hearing on the development permit application
for the project, or 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
the public hearing on the permit application or at a separate hearing
held within 60 days after the filing of the fee adjustment application,
whichever is later. 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.
(Prior code § 7818.0; Ord. 1810 §1, 2006)
