The city council finds that the cumulative impact of all new development under the general plan will result in unacceptable decreases in public services. To prevent these undesirable consequences, public facilities must be provided at a rate which will accommodate the expected growth in the city. The city council acknowledges that the demand for public facilities is shared by new development as well as by existing development. The proposed capital facilities fee (formerly known as the public facilities fee) apportions the cost of the necessary public improvements among the different categories of new and existing users according to the reasonably estimated demand that each group of users places upon public facilities.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
For the purposes of this chapter, the following terms shall have the meanings indicated in this section:
"Developer"
means an individual or entity submitting an application for a building permit or other entitlement for development.
"Development"
means:
1. 
New residential unit(s), including conversion of or addition to an existing unit that results in greater than one unit.
2. 
New commercial, office, and industrial development.
3. 
Additions to existing commercial, office and industrial development greater than 200 gross square feet.
"Future growth"
means the total amount of potential new development in the city permitted under the general plan. Future growth is expressed in terms of gross square footage for industrial and commercial development, the number of dwelling units for residential development, and the residential and employee population associated with such new development.
"Gross floor area"
has the same meaning as set forth in Section 18.08.195 of this code.
"Land use category"
means any of the following specified land uses:
1. 
Residential:
a. 
Single-family detached;
b. 
Single-family attached (townhouse);
c. 
Multi-family (apartment, condominium);
d. 
Accessory dwelling or junior dwelling unit.
2. 
Office.
3. 
Commercial/retail.
4. 
Industrial/warehouse.
5. 
Lodging.
6. 
Other.
"Master fee schedule"
means the document providing the current list of fees and charges for services and permits approved by the city council, which is on file with the city clerk.
"Public facilities"
means those improvements necessary to provide public safety, community facilities, park improvements and general municipal facilities identified in the Pleasanton Development Impact Fee Nexus Study adopted by the city council and as amended from time to time, and other improvements in connection therewith, which are not otherwise provided by, or required of, development within the city pursuant to Titles 18, 19, and 20 of this code. Public facilities shall also include architectural, administrative, engineering, legal, planning, environmental, inspection, construction management and other services required in connection with the implementation of this chapter and the construction of the foregoing improvements.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
Except as otherwise expressly provided in this chapter this chapter applies to, and the capital facilities fee required under this chapter is payable with respect to, each development within the city for which a building permit or other entitlement for development is issued on or after the effective date of the fee as adopted in the master fee schedule (on file in the office of the city clerk).
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
A. 
The amount of the capital facilities fee shall be determined by the building division or planning division prior to issuance of the building permit or other entitlement or approval for development if a building permit is not required. Calculation of the fee shall be based upon the applicable rate for each land use category identified in Section 3.22.020 and specified in the master fee schedule, multiplied by the gross square footage or number of units in the development, as specified in the master fee schedule.
B. 
In the event a developer is not satisfied with the calculation of the fee by the building division or planning division, he or she may request that the type of land use and the amount of the capital facilities fee required of the development be determined by the community development director.
C. 
The developer shall be notified in writing of the community development director's determination about the type of land use and the capital facilities fee applicable to the development. Such determination shall be made within 30 days of the community development director's receipt of the request and any other additional materials reasonably requested to assist in making the determination. The developer may appeal the determination of the community development director to the city council in accordance with the provisions of Section 3.22.100 of this chapter.
D. 
The amount of the fee shall be subject to an annual inflation adjustment on January 1st of each year based upon the Engineering News Record Construction Cost Index for the San Francisco—Bay Area.
E. 
The amount of the fee shall be reviewed periodically, but not less than every eight years or more frequently if specified by state law.
(Ord. 1764 § 2, 1998; Ord. 2000 § 1, 2009; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
A. 
The full amount of the fee shall be paid at the time of issuance of the building permit. For those instances where a developer receives an entitlement or approval for development, but is not required to seek a building permit from the city, the capital facilities fee shall be payable within 30 days of final action on the development entitlement or approval.
B. 
No city official may issue a building permit, certificate of occupancy, or certify a final inspection for a development until the capital facilities fee, with respect to such development required by this chapter, is paid in accordance with this section.
C. 
If the developer has appealed the determination of the fee, and such appeal is pending at the time he or she applies for a building permit, the developer must pay the capital facilities fee to receive a building permit, but may do so under protest. If the developer's appeal is successful, and the fee is subsequently reduced, the developer shall be refunded the difference within 30 days.
D. 
The city shall not accept prepayments of the capital facilities fee, unless prepayment is authorized in a development agreement or other agreement.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
If the developer desires to construct a public facility, the developer and the city may enter into an agreement regarding a credit against capital facilities fees due, as provided in this section. The city shall require such agreement to be recorded against the property.
A. 
Eligibility.
1. 
To be eligible for credit, each of the following must be satisfied:
a. 
The construction for which credit is given must be a public facility which would otherwise be constructed by the city using capital facilities funds.
b. 
The public improvement must appear in the city council adopted 5-Year Capital Improvement Plan or Pleasanton Development Impact Fee Long-Term Capital Improvement Plan for public facilities or improvements, as such plans may be amended from time to time.
c. 
The land on which the work is done must be owned by the city, offered for dedication to the city through a recorded document, or be owned by or offered for dedication to a public agency that would offer general public access to the facility or land.
d. 
The developer shall have improvement plans for the work approved by the city engineer and shall provide a bond, cash deposit or other type of security as required by the Subdivision Map Act, the city of Pleasanton's Subdivision Ordinance or other applicable provision of the Pleasanton Municipal Code, before beginning construction.
2. 
The developer and the city shall enter into a written subdivision or other agreement with respect to the credit, which shall be recorded against the property. The agreement shall include the amount of the credit which will be given (or for unusual projects, the exact method of calculating the credit), when the credit will be given, and to which lots it will apply.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
A. 
General.
1. 
If the credit for improvements due under Section 3.22.060 of this chapter exceeds the required capital facilities fee for development, the developer is eligible for reimbursement from the capital facilities fund.
2. 
To be eligible for reimbursement, the following must be satisfied:
a. 
The developer is eligible for credit under Section 3.22.060 of this chapter; and
b. 
The credit due exceeds the required capital facilities fee.
B. 
Development or Other Agreement. The terms of a written development or other agreement regarding reimbursement for public facilities shall supersede the terms of this section.
C. 
Time and Manner of Reimbursement.
1. 
The community development director shall determine the exact amount of reimbursement at the time the improvements are accepted by the city.
2. 
Until repaid, the reimbursement amount shall accrue simple interest commencing upon acceptance of the improvements by the city. Simple interest shall accrue each year on January 1st in an amount equal to the percentage change to the Engineering News Record Construction Cost Index for the San Francisco—Bay Area. Reimbursement payments will be applied first to interest and then to principal.
3. 
The total amount of reimbursement, net of credits, shall be set one time upon acceptance of the improvements. The annual percentage amount of reimbursement shall be set one time, upon acceptance of the improvements, by establishing a percentage equal to: the percentage value of the reimbursement amount compared to the value of all eligible improvements; such set percentage shall then be multiplied by the total of all capital facilities fees collected in the preceding year to produce a pro rata payment for each year.
4. 
In the event that the amount to be reimbursed to developers pursuant to this section, or pursuant to a development or other agreement, exceeds the amount of capital facilities fees received by the city in the preceding calendar year, the city council shall take action to apportion the available fee revenue to developers entitled to reimbursement pursuant to this section in a manner which the council determines is reasonable for that calendar year.
5. 
The city council may elect, in its absolute discretion, to provide reimbursement at a faster rate than provided in this section, based upon fees collected and available.
6. 
The reimbursement shall be paid one time each calendar year.
7. 
The right to reimbursement shall not run with the land, but shall be personal to the developer. The developer may assign his or her right to reimbursement to another by filing a written notarized assignment with the city clerk. It is the developer's or assignee's responsibility to keep the city clerk advised of a current address. If the city cannot locate a developer or assignee to send a reimbursement payment after reasonable diligence, the amount of the reimbursement for that year is forfeited, and the unclaimed funds shall be returned to the capital facilities fee fund.
D. 
Calculation of Credit.
1. 
General.
a. 
The community development director, or designee ("director"), shall calculate the amount of credit to be given based upon the approved improvement plans and using cost estimates (which are based on recent city project bids for similar work). The cost of any right-of-way to be purchased shall be based upon an appraisal done by a licensed appraiser, approved by the city, at the developer's expense, with said costs eligible for credit.
b. 
For nonstandard improvements, the credit shall be calculated based on information provided by the developer (such as bids or other documents verifying costs) for the community development director's review and approval.
c. 
The calculation of costs shall be based only on work which is eligible for credit under subsection A of this section. No credit shall be given for the cost of constructing improvements otherwise required by direct development pursuant to Titles 18, 19, and 20 of this code. The amount of credit includes construction costs and the cost of engineering.
2. 
Assessment Districts. Benefit Area and Community Facilities Districts. If development occurs within an assessment district, fee benefit area, community facilities district, or otherwise is subject to an assessment, fee or special tax collected specifically to defray the costs of providing or constructing public facilities, the amount of credit is equal to that portion of the estimated construction cost of the public facilities included in the assessments, fees or special taxes which will be contributed by the development.
E. 
Reimbursement When Credit Exceeds Fee. When the amount of credit exceeds the amount of the developer's capital facilities fee, the developer may be eligible for reimbursement of costs under Section 3.22.090 of this chapter.
F. 
How and When Credit is Given.
1. 
If a developer is eligible for credit, the community development director shall calculate the credit pursuant to subsection D of this section, and determine the number of residential units or residential square footage, or office, commercial/retail, or industrial/warehouse square footage for which developer shall receive a credit. No interest shall accrue on the amount of the credit.
2. 
For a residential subdivision, the lots or units to which the credit will apply shall be precisely identified; and the entitlement to the credit recorded in the office of the county recorder if the developer desires to sell, transfer, or assign the lots prior to obtaining a building permit.
G. 
Appeal. Any determination of the community development director under this section is subject to appeal by the developer to the city council pursuant to Section 3.22.100 of this chapter.
(Ord. 2289, 1/9/2025)
Unless a development agreement or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the capital facilities fee otherwise required by this chapter:
A. 
Residential development consisting of the repair or replacement, on a one-to-one basis, of dwelling units, including expansion that does not result in the creation of additional dwelling units.
B. 
Commercial, office or industrial development consisting of the repair or replacement of structures, provided, that such repair or replacement does not result in any conversion or change in land use, or any enlargement of gross floor area beyond that of the previous structure.
C. 
Additions, extensions or enlargements of an existing commercial, office/retail, or light industrial/warehouse structure which, in any calendar year, do not increase the gross floor area of the structure by 200 square feet or more.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
The fees paid pursuant to this chapter shall, except for temporary investments, be placed in a separate fund in a manner to avoid commingling of the fees with other revenues or funds of the city, and shall be used solely for the purpose of acquiring and constructing the public facilities identified by the city council in the city's capital improvement program as described in Section 3.22.060(A)(1)(b). Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purposes set forth in this section.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019; Ord. 2289, 1/9/2025)
Refunds may be made where:
A. 
Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a development for which the fee required under this chapter has been collected; provided that the claim for such a refund is filed no later than six months after the expiration date of the building permit, or any extension thereof as may have been approved by the city, as the case may be; or
B. 
A refund is specifically authorized by resolution of the city council adopted pursuant to Government Code Section 66001(d). Such amounts shall be refunded by the city to the then-current record owners of the development on a prorated basis. The city may effect such refunding by direct payment, or by providing credit towards future capital facilities fees, or by any other means consistent with the intent of Government Code Section 66001.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
A developer may appeal to the city council any determination made pursuant to this chapter. All appeals shall be in a form prescribed by the community development director and shall be filed within 15 days of the date of mailing to the developer any written notice of the applicable determination. Any appeal not filed within such period shall be deemed waived. The city council shall set the matter for hearing within 45 days of the date of receipt by the city clerk of the notice of the appeal.
(Ord. 1764 § 2, 1998; Ord. 2000 § 1, 2009; Ord. 2192 § 2, 2019)
The fees required by this chapter shall expire when the public facilities are completed and all debt service related to such public improvements are paid and satisfied.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
It is the intent of the city council that the fees required by this chapter shall be supplementary to the fees, dedications or conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other state laws and city ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)
The provisions of this chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the city to impose the fee provided in this chapter. If any sentence, clause, section or part of this chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter, or its effect on other persons or entities. It is declared to be the intention of the city council that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part of this chapter had not been included herein; or had such person or entity been expressly exempted from the application of this chapter. To this end, the provisions of this chapter are severable.
(Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019)