This chapter is enacted pursuant to the authority granted by Government Code Section 66000 et seq. (the "Mitigation Fee Act"), Government Code Section 65000 et seq. (the Planning and Zoning Law of the State of California), Government Code Section 66477 (the "Quimby Act"), and the general police power of the City of Vacaville (the "City"). Its purpose is to establish fees which will be imposed on new development projects to mitigate the impacts of new development on the City's ability to provide specified public facilities.
(Ord. 2005, Amended, 08/12/2025)
A. 
This chapter applies to the development impact fees established by this chapter. This chapter is not intended to, and does not, apply to fees established and adopted pursuant to other chapters and provisions of the Vacaville Municipal Code, including without limitation regulatory and processing fees imposed by the City to reimburse the City for costs of staff time and supplies (including without limitation application fees, plan check fees, inspection fees, costs associated with environmental reviews, and other costs associated with a particular project) or the fees described in Chapter 3.28 of this code, School Impact Fees. The fees established by this chapter include the costs of developing and administering the City's development impact fee program.
B. 
The fees established by this chapter shall apply to all development projects in the jurisdiction of the City and within the Urban Growth Boundary ("UGB") established by the City Council by Resolution No 2008-31 on March 25, 2008, except for development projects within the Northeast Growth Area, as delineated in Figure LU-4 of the 2035 General Plan by the City Council by Resolution No. 2015-074 on August 11, 2015.
C. 
The provisions of this chapter shall not be construed to limit the power of the City Council to impose any other fees or exactions or to continue to impose existing obligations on the right to develop within the City, but shall be in addition to any other requirements which the City Council is authorized to impose, or has previously imposed, as a condition of approving a plan, rezoning, permit, or other entitlement. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and other exactions required by City codes, public improvement design standards and other applicable laws and requirements, and to adequately mitigate the impacts from their development projects in accordance with all applicable law.
(Ord. 2005, Amended, 08/12/2025)
A. 
The specified public facilities to be funded by the fees established by this chapter will be categorized into separate and distinct sets of public facilities based upon the type of public facility to be provided, the geographical area to be served by the public facility, or other identifying features. Each separate set of specified public facilities shall be referred to in this chapter as a "public facility category." The public facility categories and the fee categories established by this chapter are the following: police, fire, general facilities, transportation, water service capacity, sewer service capacity, storm drainage, greenbelt preservation, and parks and recreation.
B. 
The fees established by this chapter shall be calculated, adopted and may be adjusted by implementing resolutions. In the future, the City Council may establish new public facility categories and fee categories by amending this chapter and adopting subsequent implementing resolutions.
C. 
A technical report shall be prepared for each public facility fee category and approved by the City Council in an implementing resolution. Each implementing resolution shall do all of the following:
1. 
Identify the purpose and use of each fee by identifying:
a. 
The public facility category to be funded by the fee;
b. 
The geographical area that will be subject to the fee;
c. 
The types of development projects that will be subject to the fee;
d. 
The specified public facilities to be funded by the fee; and
e. 
The estimated reasonable cost of providing the specified public facilities for which the fee is imposed.
2. 
Determine how there is a reasonable relationship between each of the following:
a. 
The use of the fee and the types of development projects on which the fee is imposed, by demonstrating how the development projects paying the fee will benefit from the specified public facilities to be funded by the fee;
b. 
The need for the specified public facilities to be funded by the fee and the types of development projects on which the fee is imposed, by demonstrating how the development projects that will pay the fee contribute to the need for the specified public facilities that will be funded by the fee; and
c. 
The amount of the fee and the cost of the specified public facilities or portions thereof attributable to the development project on which the fee is to be imposed, by (i) estimating the total cost to the City of providing the specified public facilities in each public facility fee category, including but not limited to the estimated costs of land acquisitions, designs, construction, construction management, fee program administration, and contingencies; and (ii) identifying the method by which the City quantifies the proportionate responsibility of each development project for the cost of the specified public facilities, which may be satisfied by establishing a formula which reasonably quantifies the proportionate responsibility of various types of development projects using standardized units of measurement.
3. 
Set forth, for each public facilities category, the City Engineer's estimate of the total program costs for all public facilities in that category, which shall be equal to the estimated reasonable cost of providing the specified public facilities for which the fee is imposed. The total program costs in each public facilities category shall be comprised of the following components:
a. 
Estimated design costs;
b. 
Estimated construction costs;
c. 
Estimated construction management costs;
d. 
Estimated land acquisition costs;
e. 
Estimated program implementation costs; and
f. 
Contingencies.
D. 
The fees established by this chapter shall automatically adjust on January 1st of each year in accordance with the change, if any, in the Engineering News-Record (ENR) San Francisco Bay Area Construction Cost Index during the prior 12-month period, as calculated for the 12-month period ending on or about the preceding November 1st.
E. 
In addition to the annual adjustment pursuant to subsection D of this section, the City reserves the right to update and adjust each fee from time to time, in accordance with the Mitigation Fee Act. Such fee updates may be undertaken (1) in conjunction with or following a comprehensive general plan update; or (2) when the City Council determines that growth has occurred at rates significantly above the estimates set forth in the general plan such that additional or different fees and facilities are needed; or (3) when the City Council deems it otherwise appropriate. Such updates may be undertaken by resolution after a noticed public hearing. At the time of any such update, the projected cost of any project or portion thereof that has been installed by a developer as a special mitigation improvement as provided in Section 14.13.180.080, Reimbursement for Special Mitigation Improvements, of the Land Use and Development Code shall be adjusted to reflect the construction cost of the improvements as approved by the Director of Public Works. Each update shall be based on a technical report prepared for the applicable public facilities category and approved by the City Council, that includes the estimated cost of relevant public facilities, the continued demand for those facilities, the revenue generated by the applicable fee(s), and the reasonable relationship between the demand for those facilities and the impacts of the various types of development projects pending or anticipated upon which the fees are imposed.
F. 
The fee in effect at the time any applicant has obtained a vested development right shall be subject to adjustment by the City, as incorporated in updated implementing resolutions in effect at the time full payment of the fee is made, based upon any or all of the following criteria:
1. 
Changes in the amount of the estimated construction costs of providing the specified public facilities based upon adjustments in accordance with an inflation index.
2. 
To replace estimated costs with actual costs (including carrying costs) of providing the specified public facilities.
3. 
To reflect more accurate cost estimates for providing the specified public facilities based upon more detailed analysis or design of the previously identified specified public facilities.
4. 
Any other basis allowed under the Mitigation Fee Act.
(Ord. 2005, Amended, 08/12/2025)
A. 
For each public facility category established by this chapter, the City Finance Director shall create in the City treasury a separate and distinct "fee fund," subject to the accounting requirements of the Mitigation Fee Act.
B. 
The City Manager shall have the authority to make loans among the fee funds to assure adequate cash flow for the construction of public facilities on a timely basis so long as such interfund loans do not unreasonably delay the construction of facilities under the lending fund.
(Ord. 2005, Amended, 08/12/2025)
A. 
For the purposes of this chapter, the words set out in this section shall have the following meanings:
1. 
"Affordable housing"
means any residential unit restricted for persons at or below 120 percent of the area median income, where the affordability is ensured through an agreement with the City or other governmental entity.
2. 
"Applicant"
means any person or other legal entity that applies to the City for approval of a development project.
3. 
"Change of use"
means any proposed use of an existing structure (or a previously existing structure) on a parcel which: (a) requires a building permit or other permit or City approval (such as a conditional use permit or design review), and (b) the proposed use is included in a different property use category (as defined in implementing resolutions) than the last legal use of the existing structure.
4. 
"Development project"
means any project undertaken for the purpose of development, as defined in the Mitigation Fee Act, and shall specifically include any building permit, including a building permit for an addition to or expansion of an existing structure or use, or any other permit or City approval required for a change of use. "Development project" shall specifically include any change of use or remodel.
5. 
"Fee"
means, for purposes of this chapter, a development impact fee imposed by the City in accordance with this chapter.
6. 
"Fee fund"
means each of the separate and distinct funds into which fees for each public facility category are deposited.
B. 
Interpretation of Definitions.
The Director of Community Development or their designee shall, upon written request, interpret the provisions of the preceding definitions as they relate to a specific development and shall make other determinations as provided within the definitions of this chapter.
(Ord. 2005, Amended, 08/12/2025)