A. 
Where an applicant has constructed or financed a specified public facility, the applicant may apply to the City for fee credits or for reimbursement of costs incurred by the applicant in constructing or financing the specified public facility. The application may be granted where the applicant (1) constructs the facility, (2) provides funding for the facility, (3) dedicates land for the facility, or (4) provides a combination of the above. Any fee credits or reimbursement granted must be the subject of an agreement in accordance with this chapter.
(Ord. 2005, Amended, 08/12/2025)
A. 
An applicant may be eligible for a credit against impact fees otherwise owed, only if the applicant submits a written application to the Director which establishes compliance with all of the following requirements to the satisfaction of the Director:
1. 
Describe the specified public facilities (or portion thereof) proposed to be provided by the applicant, with a cross-reference to the description of the specified public facilities in the relevant implementing resolution.
2. 
Identify the components of the estimated cost of the specified public facilities for which the applicant is requesting credit, which may include land acquisition costs, design costs, construction costs, and construction management costs. No credit may be granted for fee program administration costs or contingencies.
3. 
Describe the development project or projects to which the fee credit is requested to apply. The description shall either: (a) be limited to all or a portion of the development project(s) for which provision of the specified public facilities is a condition of approval; or (b) document that the development project(s) for which credit is requested to apply (i) receive a benefit from the specified public facilities, and (ii) do not create the need for the construction of additional specified public facilities to which the credited fees would apply;
4. 
Document that either: (a) the applicant is required, as a condition of approval for the development project, to construct the specified public facilities; or (b) the applicant requests to build one or more specified public facilities which benefit the development project, and the Director determines in writing prior to the commencement of construction that it is in the City's best interests for the specified public facilities to be built by the applicant, and the land on which the specified public facilities will be built is either owned by the City or will be offered for dedication to the City through a recorded instrument approved by the City Attorney.
5. 
Document that either: (a) the City has approved the design of the specified public facilities by approval of improvement plans; or (b) the applicant submitted a timely written request to design the specified public facilities, pursuant to subsection C of this section, and the proposed design is in the best interests of the City.
6. 
To the extent that credit for land acquisition costs are requested, document that: (a) the terms of the acquisition are in the best interests of the City; (b) the location of the land is advantageous to the public facility needs of the City; (c) the amount of credit for the land acquisition is equal to a reasonable estimate of the fair market value of the land based upon either: (i) documentation provided by the applicant to the City, or (ii) in the event that the Director determines that the documentation provided by the applicant does not provide a reasonable basis for determining the fair market value of the land, the applicant will pay for the costs of a property appraisal by an expert selected by the Director who is qualified to express an opinion as to the value of the property (pursuant to Section 1255.010 of the California Code of Civil Procedure); and (d) the applicant will transfer the land to the City in a form acceptable to the Director and the City Attorney.
7. 
Document that, prior to the allocation of credit by the City, the applicant shall enter into a written agreement with the City by which the applicant agrees to construct the specified public facilities in return for the potential credit to be allocated in accordance with this title.
8. 
Document that the applicant will, prior to the allocation of credit by the City and before beginning construction, either: (a) provide improvement security in a form acceptable to the City; (b) finance the specified public facilities by cash, assessment district, or Mello-Roos Community Facilities District; or (c) a combination of (a) and (b);
B. 
The applicant shall pay: (1) all City plan check fees (only if the applicant receives City approval for design credit); and (2) all City inspection fees. The amount of plan check and inspection fees for the specified public improvements for which the applicant receives fee credit shall be in accordance with applicable City regulations.
C. 
The request shall be submitted by the applicant to the Director in accordance with the following timing requirements: (1) to the extent that the applicant requests credit for design, the request shall be submitted prior to the commencement of any design services by the applicant; and (2) to the extent that the applicant requests credit for construction, contract management, or land acquisition, the request shall be submitted concurrently with the submittal of improvement plans. In any event, all requests submitted pursuant to this section shall be submitted prior to the recordation of a final map or parcel map for the development project; provided, that an applicant may, in the Director's discretion, submit a late application if the applicant pays a processing fee established in accordance with City regulations to cover the City's reasonable costs associated with administering the late application.
(Ord. 2005, Amended, 08/12/2025)
A. 
In the event that the Director determines that (1) the applicant has submitted a complete and timely application in compliance with Section 11.01.140, and (2) it is in the City's best interest to allow the applicant to provide the proposed specified public facility, the Director shall prepare a written determination of the amount of potential credit available to the applicant. The calculation of the amount of potential credit shall be made pursuant to the terms of this section. Of the total program costs, as defined in each implementing resolution adopted pursuant to Section 11.01.030, the applicant may be entitled to potential credit for the following components of the specified public facility:
1. 
Estimated design costs;
2. 
Estimated construction costs;
3. 
Estimated construction management costs;
4. 
Estimated land acquisition costs;
5. 
The applicant shall not be entitled to any credit for fee program implementation or contingencies.
B. 
If the Director determines that the applicant is entitled to fee credits, to be granted such fee credits, the applicant must enter into an agreement with the City which includes the following essential terms:
1. 
The design of the specified public facility is approved by the City.
2. 
The applicant agrees to provide the specified public facilities in return for the credit to be allocated in accordance with the terms of the agreement and this chapter.
3. 
The amount of credit available to the applicant shall not exceed the lesser of: (a) the applicant's actual cost of providing the specified public facility, to be evidenced by the submittal of written documentation to the satisfaction of the Director, and (b) the estimated cost of providing the specified public facility, as identified in the implementing resolution.
4. 
The amount of credit available to the applicant for land dedication shall be determined in accordance with the requirements of Section 11.01.120.A.6.
5. 
The applicant provides improvement security in a form and amount acceptable to the City.
6. 
The applicant identifies the development projects to which the credit will be applied.
7. 
The credit may only be applied to fees which would otherwise be owed for the public facility category relevant to the specified public facility.
(Ord. 2005, Amended, 08/12/2025)
A. 
After the applicant has satisfied the requirements of Section 11.01.120 and executed the credit agreement required by Section 11.01.130, the applicant may apply the fee credits against fees which would otherwise be imposed upon the applicant under this chapter, in accordance with this section. However, the applicant shall be entitled to apply the credit against fees only if the applicant submits to the Director a written designation of credit allocation in accordance with the following:
1. 
To apply credit to any or all lots within a final map or final parcel map, the designation must be made no later than the date of issuance of the first building permit for the final map or final parcel map; provided, that an applicant may submit a late application if the applicant pays a processing fee established in accordance with City regulations to cover the City's reasonable costs associated with administering the late application. The designation may be made no sooner than the date on which the City approves the final map or final parcel map.
2. 
The credits may only be applied to development units within the development project or projects for which the application for credit was made.
3. 
The credits may only be applied to fees for the specified public facility category in which the credited public facility (i.e., the public facility constructed by the applicant) is included.
4. 
The designation must specifically identify each unit of development to which the credits will be applied.
5. 
The total amount of credits to be applied shall not exceed the amount of actual credit available to the applicant, as set forth in the Director's written determination.
6. 
The credits may only be applied on a unit-by-unit or lot-by-lot basis to units or lots for which the applicant has a sufficient actual credit balance to offset the full fee (as described in Section 11.01.150); provided that, for the last unit or lot to which the applicant applies credit, the applicant may apply a partial credit to offset a portion of the fee. The credits may not be applied on a pro rata basis to apportion partial credit over multiple units or lots.
B. 
No credits shall be allocated retroactively. That is, no credits may be applied to any unit or lot for which fees have already been paid to the City.
(Ord. 2005, Amended, 08/12/2025)
In the event that the Director determines that an applicant has properly designated the application of credit against fees, pursuant to Section 11.01.140, the Director shall prepare a written determination of credit allocations and credit balances which will be calculated as follows: The amount of actual credit available to the applicant shall be debited in an amount equal to the sum of: (a) the amount of reimbursements requested by the applicant pursuant to Section 11.01.160, and (b) the product of: (i) the number of development units or lots properly designated in accordance with Section 11.01.140, and (ii) the relevant fee for the specified public facility category in effect (pursuant to implementing resolution) at the time of the designation, and the result shall represent the applicant's remaining credit balance, if any.
(Ord. 2005, Amended, 08/12/2025)
A. 
To the extent that the applicant has a balance of actual credit available, the applicant may submit a written request for reimbursement to the Director. The applicant shall be entitled to potential reimbursement from the City only if the applicant submits a written request to the Director in accordance with the following:
1. 
The request must be made no later than 180 days after the later to occur of: (a) issuance of the last building permit within the development project for which the application for credit was made; or (b) the date of the City's acceptance of the specified public facilities as complete; provided, that an applicant may, at the Director's discretion, submit a late application if the applicant pays a processing fee established in accordance with City regulations to cover the City's reasonable costs associated with administering the late application.
2. 
The request must identify the specific fee fund from which the applicant requests reimbursement, and the specific dollar amount of the credit balance which the applicant requests be allocated to a reimbursement, along with documentation in support thereof, including: a copy of the Director's written determination of the amount of actual credit available to the applicant at the time the request is made pursuant to Section 11.01.150, and a copy of all of the Director's prior written determinations of credit allocations and credit balances for the applicant made pursuant to Section 11.01.150.
3. 
The request must identify the amount of remaining credit that will be available to the applicant if the reimbursement request is granted (calculated by subtracting the requested reimbursement amount from the previous credit balance).
4. 
The applicant must acknowledge that:
a. 
The general fund of the City is not liable for payment of any reimbursements;
b. 
The credit or taxing power of the City is not pledged for the payment of any reimbursements;
c. 
The applicant will not seek to compel the exercise of the City taxing power or the forfeiture of any City property to make any reimbursements; and
d. 
The reimbursements for which the applicant is eligible are not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any City property, or upon any City income, receipts or revenues, and are payable only from the fees deposited in the appropriate City fee funds;
5. 
The request must include a designation of the name and address of the legal entity to which reimbursement payments are to be made.
(Ord. 2005, Amended, 08/12/2025)
A. 
In the event that the Director determines that the applicant has properly submitted a request for reimbursement, pursuant to Section 11.01.160, the Director shall prepare a written determination of potential reimbursement allocation which will include the dollar amount of the potential reimbursement. The dollar amount of the potential reimbursement shall equal the amount specified in the applicant's request (not to exceed the actual credit available to the applicant, less the total of all credit allocations to the applicant set forth in all of the Director's written determinations of credit allocation). The potential reimbursement amount shall be adjusted by the Director as necessary to calculate a potential reimbursement balance equal to: (1) the potential reimbursement allocation amount; plus (2) the amount of interest added to the reimbursement account pursuant to Section 11.01.180, to the extent the interest is allocated to the applicant; less (3) the amount of all previous reimbursement payments made to the applicant.
B. 
In the event that the Director determines that an applicant has constructed a specified public facility, and the applicant has not properly submitted a request for reimbursement pursuant to Section 11.01.160, the Director shall provide written notice to the applicant (by U.S. mail, or, if the applicant's address is unknown, by publication in a newspaper of general circulation within the City) of the applicant's right to potential reimbursement in accordance with this chapter. If the applicant does not submit a request for reimbursement pursuant to Section 11.01.160 within 30 days after the City's written notice pursuant to this subsection, the City shall refund the amount otherwise subject to reimbursement to the applicable fee fund, resulting in a net decrease in the fee.
C. 
In the event that the City Engineer receives a late application for reimbursement, the applicant's potential reimbursement amount, if any, shall be reduced to the extent necessary to cover any lost revenue related to a decrease in the fee set forth in subsection B of this section.
(Ord. 2005, Amended, 08/12/2025)
A. 
The reimbursement allocations will be implemented as follows:
1. 
As of the date of the properly submitted request for reimbursement, the City shall establish a separate reimbursement account within the relevant fee fund. To the extent that the City collects fees for the fee fund, after the date that the reimbursement account is designated, the City shall deposit in the reimbursement account 10 percent of all fees collected. To the extent that the reimbursement account earns interest, the earned interest shall be deposited in the reimbursement account.
2. 
To the extent that fees are deposited in the relevant reimbursement account, the City shall make semi-annual reimbursement payments to the applicant, as designated pursuant to Section 11.01.160. The right to receive reimbursement payments, if any, shall not run with the land. The City shall make no reimbursements to any applicant in excess of the amount of fees deposited in the relevant reimbursement account.
3. 
The City shall make no reimbursements to any applicant in excess of the dollar amount of the potential reimbursement set forth in the Director's written determination of potential reimbursement.
4. 
In the event that the City Engineer makes a written determination of potential reimbursement for more than one applicant from the same reimbursement account, the City shall make pro rata reimbursements to each applicant based upon the formula described in this section. The month in which the City approves the applicant's properly submitted request for reimbursement shall be the applicant's starting month. The number of months between the starting month and the month in which the City calculates reimbursement payments shall be the number of reimbursable months. The City shall calculate each applicant's gross share of potential reimbursement by multiplying the applicant's potential reimbursement balance by the reimbursable months. The sum of the gross shares for all applicant's within the same fee fund shall be the total gross share. Each applicant's pro rata share shall be calculated by dividing the applicant's gross share by the total gross share and multiplying by the amount of funds deposited in the relevant reimbursement account.
B. 
No reimbursement payment shall be made to an applicant until the applicant has completed construction of the specified public facilities and the facilities have been accepted by the City.
C. 
In the event that all construction is completed and all costs are paid for the specified public facilities for which a fee fund is established, then all remaining fee revenues within the fee fund shall be transferred to the reimbursement account.
(Ord. 2005, Amended, 08/12/2025)
A. 
An applicant may apply to the Director for credit against fee obligations imposed on a development project involving buildings that were demolished, destroyed, or partially destroyed, or subject to a change in use, based on fees previously paid for development or use of the same property. It shall be the responsibility of the applicant to provide the Director with evidence of the applicant's eligibility for such fee credit, and no fee credit may be granted based on fees paid prior to the annexation of the property to the City. Such fee credit may not be transferred from one parcel to another or from one impact fee category to another. The amount of available credit shall be based on the fee schedule in effect at the time of the application for a building permit for a new or repaired building(s), or the time of the application for the use permit for the change in use. The availability of any credit for previously paid fees is at the sole discretion of the Director, subject to any administrative guidelines which may be adopted by resolution of the City Council.
B. 
The following requirements shall apply to the administration of credit for previously paid fees:
1. 
Credit shall be given on an equivalent dwelling unit (EDU) basis, not dollar amount of fees previously paid.
2. 
The amount of the fees due for the development project involving the demolished, destroyed or partially destroyed buildings would be the difference between the current fee for the square footage of the demolished, destroyed or partially destroyed buildings and the current fee for the square footage of the new or repaired buildings.
3. 
The amount of the fees due for the development project involving the change in use of an existing building would be the difference between the current fee for the existing use in the highest applicable fee category and the current fee for the proposed new use.
4. 
The amount of the fee credit shall not exceed the amount of the new fee. Each fee and fee credit shall be calculated separately and shall be applied directly to the corresponding fee category; total fee credits shall not be subtracted from the total sum of all applicable fees.
5. 
A fee credit under this section may be approved by the Director or the Director's designee, following consultation with the department head most directly responsible for use of that fee.
6. 
Notwithstanding the other provisions of this section, no fee credit shall be given for sewer, water or drainage fees unless the property was served by that respective municipal system prior to the demolition, destruction, or partial destruction, or the change in use, of the building(s).
7. 
The City Council may, by resolution, adopt a fee for administering the transfer of fee credits and the research of City records to determine the amount of fee credits.
8. 
The calculation of fee credits for specific development impact fees shall be in accordance with the general procedures listed in subsections C.(1) through C.(5) of this section except as may be modified by the following provisions:
a. 
A development project on a property that was an existing municipal water service customer at the time of the demolition, destruction, or partial destruction, or the change in use, of the building(s) shall be exempt from payment of additional water service capacity fees if the new or repaired building(s) or the new use can be adequately served by a water meter whose size is the same as or less than the size of the existing meter. If the new or repaired building(s) or the new use requires a water meter that is larger than the existing meter, the property owner shall only pay the difference between the current connection fee for the smaller meter and the current connection fee for the larger meter.
b. 
For a property served by either (i) an existing water meter larger than four inches in diameter, or (ii) an existing sewer lateral larger than eight inches in diameter, the Utilities Director shall determine the amount of corresponding fee credits on a case-by-case basis, for a change in use or replacement of structures. Upon a request by the property owner, this determination shall be made concurrently with consideration of an application for a planning approval, such as design review, conditional use permit or variance.
c. 
A change in nonresidential use of a building or property which is served by the City's municipal sewer service shall be subject to additional impact fees only if the new use is in a higher fee category than the prior use.
d. 
A change in use of a nonresidential building shall be subject to additional traffic impact, general facilities and police impact fees only if the new use is in a higher fee category than the prior use.
e. 
A change in use or replacement of a structure shall not be subject to additional fire impact fees unless it is in conjunction with an increase in the developed portion of the property; in such a case, any additional developed portion of the property shall be subject to a proportional per acre charge.
f. 
A change in use or replacement of a structure shall not be subject to additional drainage impact fees unless it is in conjunction with an increase in the developed portion of the property; in such a case, any additional developed portion of the property shall be subject to a proportional per acre charge.
(Ord. 2005, Amended, 08/12/2025)