Chapter 2 CIRCULATION FACILITIES FINANCING

The provisions of this chapter shall only effect those portions of the City that are within the boundaries of an adopted Circulation Facilities Plan.

The City Council, in adopting or amending a Circulation Facilities Plan, shall do all of the following:

Identify the purpose of the fee.

Identify the uses which are supportive of the fee and the circulation facilities which will be provided with the fees.

(3)

Determine that a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed.

(4)

Determine that a reasonable relationship exists between the need for the circulation facilities and the type of development project on which the fee is imposed.

(5)

Determine that a relationship exists between the amount of the fee and the cost of the Circulation Facility, or portion thereof, attributable to the development on which the fee is imposed.

The circulation facilities which constitute major thoroughfares as set forth in California Government Code Section 66474 and the freeways, streams or canyons for which bridges are required, shall be identified in the circulation, transportation or flood control element of the City General Plan in the area of Circulation Facilities Plan at least 30 days prior to implementation of a fee for such facilities. Major thoroughfares shall be in addition to, or a reconstruction of, existing major thoroughfares, and bridges shall be original bridges or addition to existing bridges.

(d)

Circulation Facilities Plans and/or the transportation facilities fee may be adopted by the Council, and thereafter amended at any time, only after holding a public hearing. The requirements of California Government Code Section 66004 shall be followed prior to holding a public hearing establishing or increasing a fee for circulation facilities.

§ 811.0210 Fee payment.

Except as otherwise provided in Section 811.0225 and Section 811.0230, whenever a building or mobilehome setdown permit is issued within the boundaries of an adopted Circulation Facilities Plan, circulation facilities fees shall be required in the amount specified in the Schedule of Fees for such plan, and shall be paid within the time periods specified in Subsections 811.0210(b), (c) and (d).

Circulation facilities fees required pursuant to this Chapter as a result of a building permit may be paid on the date of issuance of the building permit by the Building and Safety Division, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the circulation facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the circulation facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.

Circulation facilities fees required pursuant to this Chapter as a result of a mobilehome setdown permit for those mobilehomes not located within a legally established Mobilehome Park may be paid on the date of issuance of the mobilehome setdown permit, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the circulation facilities fee is not fully paid on the date of issuance of the mobilehome setdown permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the circulation facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.

(d)

Circulation facilities fees required pursuant to this Chapter as a result of a building permit for those mobilehomes to be located within a legally established Mobilehome Park may be paid on the date of issuance of the building permit for the construction of each space or combination of spaces, and shall become due and payable at the time of the final inspection for such spaces, or issuance of the certificate of occupancy, whichever occurs first. If the circulation facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the circulation facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.

(e)

If the circulation facilities fee is paid in full on the date of issuance of the building permit or the mobilehome setdown permit, the amount of the circulation facilities fee shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan on the date of payment of such fee.

(Ord. 279 §§ 6—9, 2008)

§ 811.0215 Circulation facilities.

Circulation facilities fees, required pursuant to this Chapter within the boundaries of a Circulation Facilities Plan shall be deposited into a Circulation Facilities Fund. Any interest income earned by money in the fund shall also be deposited in the fund. Such fees shall cease to be required within the boundaries of a Circulation Facilities Plan when they have been collected in an amount adequate to pay for all of the circulation facilities proposed in such Plan.

Monies in a Circulation Facilities Fund, including interest, shall be expended solely for the construction, financing or purchase of circulation facilities within the boundaries of the Circulation Facilities Plan from which the fees comprising the fund were collected, and/or to reimburse the City for the cost of engineering, property acquisition and administrative services required to design, finance, construct or purchase facilities in the Circulation Facilities Plan.

Monies may be advanced by the City to design, construct, finance, or purchase circulation facilities, or related administrative services, and to acquire necessary property or right-of-way within the boundaries of an adopted Circulation Facilities Plan. Money so advanced shall be reimbursed to the City from the applicable Circulation Facilities Fund.

§ 811.0220 Fee calculation.

§ 811.0225 Agreements between the City and a developer.

Fees assessed on new residential and non-residential development within the boundaries of an adopted Circulation Facilities Plan shall not exceed the estimated cost of providing the circulation facilities identified in the applicable Circulation Facilities Plan. For the purposes of this Chapter, the types of structures and/or uses defined as non-residential shall be as specified in each separate Circulation Facilities Plan.

Advances. An agreement may be entered into between a developer and the City whereby the developer may advance money for the construction, financing or purchase of facilities, or design of such facilities, within the boundaries of a Circulation Facilities Plan, provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the applicable Circulation Facilities Fund. Reimbursement shall only be for the amount agreed upon in advance, and shall not include interest or other charges. The total amount of money reimbursed within a Circulations Facilities Plan for one fiscal year shall not exceed approximately ten percent (10%) of the fees collected within such plan area during the same fiscal year, except as may otherwise be provided in the applicable Circulation Facilities Plan. The agreement shall expire ten (10) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to the developer whose agreement has expired.

Agreements for consideration in-lieu of fees. An agreement may be entered into between a developer and the City whereby considerations such as dedication of land, right-of-way, equipment, facilities, actual construction, or design work by a civil engineer may be accepted in-lieu of part or all of the payment of circulation facilities fees. Prior to approving such an agreement, the City Council shall find that the in-lieu consideration is equal to or greater in value than the required fee.

§ 811.0230 Exclusions.

Intent. The intent of this section is to exclude from the payment of circulation facilities fees the replacement of structures or uses with new structures or uses, that generate the same or a lesser amount of vehicular traffic than those being replaced on the same parcel, including:

Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Circulation Facilities Plan. Expansion of such structures or uses shall be subject to such fees.

Replacements of structures or uses for which fees have been paid pursuant to this Chapter where such replaced structure or use generates the same or less traffic as the structure or use for which the fees were originally paid.

Residential exclusions. No circulation facilities fee shall be required for residential building permits or residential mobilehome setdown permits for the following:

Alterations, repairs, and construction of garages, carports, accessory storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, amateur radio devices or earth stations or any other residential accessory structures.

Replacements of a legally established residential dwelling unit, including a unit destroyed or damaged by fire, flood, or other accidents or catastrophe provided that:

(A)

Such a replacement will not result in an increase in the number of residential dwelling units, and;

(B)

The proposed type of residential dwelling unit (i.e., single family, multi family, mobilehome, etc.) is within a fee category, as identified in the applicable Circulation Facilities Plan, for which the per-dwelling unit fee amount is less than or equal to the per-dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.

Non-residential exclusions. No circulation facilities fees shall be required for non-residential uses or buildings for the following activities:

Alterations and repairs.

Replacement of non-residential structures or uses if:

(A)

New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Circulation Facilities Plan; and

(B)

The proposed type of structure or use is within a fee category (as identified in the applicable Circulation Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.

§ 811.0235 Surplus and refunds.

Commencing on the fifth year after imposition of a fee for a Circulation Facilities Plan and annually thereafter, the Council shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of lots or units in development projects within the Plan areas on a prorata basis any such unexpended or uncommitted fees plus interest accrued thereon, for which the Council is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. Refunds shall be made in accordance with California Government Code Section 66001.