A. 
Each applicant for City approval of a development project (including applications for an addition to or expansion of an existing structure, a change of use, or a remodel project) shall pay impact fees to the City, in accordance with the amounts set forth in implementing resolutions, unless the applicant establishes, to the satisfaction of the Director, entitlement to a fee credit, a fee adjustment, or a fee exemption or exception, pursuant to this chapter.
B. 
The obligation to pay impact fees pursuant to this chapter shall not replace an applicant's obligation to mitigate development project impacts in accordance with other requirements of state or local law.
C. 
All fees paid are nonrefundable. In the event a building permit is issued and/or a building permit application is withdrawn and where any fees have been paid, development impact fees paid shall remain with the property as credits for future development as provided in Section 11.01.180.
(Ord. 2005, Amended, 08/12/2025)
A. 
Except as otherwise set forth in this chapter, the fee to be paid for each unit of development within a development project shall be the amount of the fee in effect, pursuant to the implementing resolution, at the time that full payment is due to the City.
B. 
The fee to be paid for a change of use shall be: (1) the amount of the fee required pursuant to subsection A of this section, (2) minus the amount that the previous development would have paid if it had paid the current rate.
C. 
The fee to be paid for a remodel shall be the amount of the fee required pursuant to subsection A for that portion of the remodel which generates impacts greater than the last legal use of the existing structure.
D. 
In the event that a previous partial fee payment is made for any unit of development, the full fee to be paid for that unit shall be the amount of the fee in effect, pursuant to the implementing resolution, at the time that full payment is made to the City, minus the amount of the previous partial payment.
E. 
The applicant shall have the burden of proving the amount of any fee previously paid, the date on which the payment was made, and the unit of development for which the payment was made.
F. 
Notwithstanding any other provision of this chapter, the traffic impact fee to be paid for any multifamily residential housing development project shall be reduced by 25 percent based on the adopted traffic impact fee in effect at the time payment is due, if the development project meets all of the following criteria:
1. 
It is located within the Allison-Ulatis Priority Development Area (Allison PDA), as adopted by the Association of Bay Area Governments in November 2008; and
2. 
It is located within one-half-mile walking distance of any property boundary attached to Vacaville Transportation Center (VTC); and
3. 
It has a minimum net density of 20.1 dwelling units per acre.
(Ord. 2005, Amended, 08/12/2025)
A. 
The fee for each unit of development within a development project shall be paid in full prior to the issuance of a building permit required for that unit of development, unless otherwise authorized by the Mitigation Fee Act. If an applicant receives a building permit from the City for a unit of development, and the fee has not been paid, the applicant shall pay the fee in full within 30 days of written notice from the City.
B. 
Any applicant that does not pay the fee in full for each unit of development within a development project prior to the issuance of a building permit for that unit of development shall, prior to the issuance of a building permit, enter into a written agreement with the City, in a form approved by the City Attorney, that contains all of the following:
1. 
A legal description of the property;
2. 
A provision that the agreement runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation and is enforceable against successors in interest;
3. 
A provision specifying the time for payment of the fees. For each unit of development, neither approval of a final building inspection nor a certificate of occupancy shall be granted, and no occupancy shall be permitted, until the fees are paid;
4. 
A statement of the amount of the fee(s) due;
5. 
A provision that, in any action to collect the fee or any portion thereof, the City shall be entitled to all of its costs of enforcement and collection, including reasonable attorneys' fees; and
6. 
A requirement that the property owner notify the City of the opening of any escrow for the sale of the property and that the property owner provide escrow instructions that the fees be paid to the City from the sale proceeds in escrow before disbursing proceeds to the seller.
The agreement required by this subsection B of this section shall be signed by the property owner and recorded in the official records of Solano County. Upon full payment of the fee obligation described in the agreement, the City shall record a release of the obligation.
C. 
The Director or the Director's designee shall develop an application form for applicants to request payment of fees after permit issuance pursuant to this section and shall establish departmental guidelines for approval or denial of such applications. The Director or designee is authorized to execute the agreement and the release of obligation under subsection B of this section.
D. 
No City official or agency may issue a building permit for a development project unless either the fees required by this section have been paid as required by subsection A of this section or an agreement meeting the criteria set forth in subsection B of this section has been executed and recorded in connection with the development project. No City official or agency may certify final inspection or issue a certificate of occupancy for a unit of development, or otherwise allow occupancy of a unit of development, until the fees required by this chapter with respect to such unit are paid in accordance with this section.
(Ord. 2005, Amended, 08/12/2025)
A. 
The following development projects are exempt from the requirement to pay fees, as set forth below:
1. 
Public projects constructed or financed under this chapter.
2. 
Projects in the Northeast Growth Area.
3. 
Reconstruction of, or residential additions to, single-family dwellings, which do not increase the gross floor area.
4. 
Accessory dwelling units (ADUs) of less than 750 square feet. For ADUs that are 750 square feet or larger, the fee shall be based on the proportion of the square footage of the ADU to the square footage of the primary dwelling unit.
5. 
Nonresidential development projects are exempt from the obligation to pay greenbelt preservation and parks and recreation fees only.
6. 
A development project shall be exempt from the requirements of this chapter if the applicant provides documentation, to the satisfaction of the Director, of federal, state or local law (including a duly adopted resolution of the City Council) which establishes entitlement to the exemption.
(Ord. 2005, Amended, 08/12/2025)
A. 
An applicant for a development project may apply to the director or the department most directly responsible for the use of any particular fee for a modification of that fee based on the absence of a reasonable relationship between the impact on public facilities of that development project and either the amount of the fee or the type of public facilities to be financed.
1. 
An application made under subsection A of this section shall be made in writing and filed with the applicable director(s) no later than 10 days after formal notification of the fee to be charged. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver.
2. 
It is the intent of this subsection A that:
a. 
The land use categories are based on general plan designations which are an average of a wide range of specific land uses; thus substantial variation must be shown in order to justify a fee adjustment;
b. 
The director may calculate a fee and/or require additional improvements to be considered by the City Council where the service demands of the proposed development project exceed the standards shown in the definitions or used in determining the improvements needed under the fee program; and
c. 
The fee categories shall be considered individually; thus it may occur that a fee adjustment or waiver is made in one category and not another.
3. 
The City Council shall consider the application at a regular or special meeting held within 60 days after the filing of the fee modification application. The City Council shall make its determination of the fee calculation within 15 business days after the meeting or the receipt of any engineering studies or other calculation determinations found necessary as a result of the informal hearing. The applicant will be notified, in writing, of the City Council's decision, which shall be mailed to the applicant, first-class mail, postage prepaid.
4. 
The applicant bears the burden of proof in presenting substantial evidence to support the application. The City Council shall consider the following factors in its determination whether or not to approve a fee adjustment or waiver:
a. 
The factors identified in Government Code Section 66001:
i. 
The purpose and proposed uses of the fee;
ii. 
The type of development project, including factors such as differences in square footage or floor area ratio;
iii. 
The relationship between the fee's use and the type of development project;
iv. 
The relationship between the demand for the specified public facilities and the type of development project; and
v. 
The amount of the fee and the portion of it attributable to the development project.
b. 
The substance and nature of the evidence including the Nexus Study and the applicant's technical data supporting its request. The applicant must present comparable technical information to show that the fee is inappropriate for the particular development project.
B. 
Following the adoption of this chapter, the City Council may adopt, by resolution, one or more policies to establish the terms and conditions under which an applicant may modify its obligation to pay fees, including policies relating to the deferral of fee payment, payment of reduced fees, or the reduction or waiver of certain fee payment obligations as an incentive to develop specific types of development projects. Until the City Council adopts such policies, all fees shall be paid in accordance with this chapter.
(Ord. 2005, Amended, 08/12/2025)