Highlighted below: 2 of 2 extracted standards. Sections and highlights carry their own anchors.
Chapter 16.50#
GENERAL FACILITIES IMPACT FEES#
Sections:#
16.50.010 Intent and purposes.
16.50.020 Definitions.
16.50.030 Fees and application.
16.50.040 Fees schedule and computation of fee.
16.50.050 Imposition and timing of fees.
16.50.060 Disposition and use of fees.
16.50.070 Refunds.
16.50.080 Credits.
16.50.090 Protest.
16.50.100 Exemptions.
16.50.010 Intent and purposes.#
This chapter is intended to assist in the implementation of the policies of the General Plan by providing for adequate general government public facilities (excluding public safety facilities for which a separate fee has been imposed per VMC Chapter 16.46) to support orderly development. Further, the purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide for public facilities that serve such development. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.020 Definitions.#
As used in this chapter, the following terms are defined in this section:
"General Government Facilities" means Civic Center and related parking structure, Library Facilities, as well as Public Works Corporation Yard Expansion Facilities identified in the Impact Fee Study conducted by MAXIMUS dated October 8, 2004.
"Gross acreage" means the area of a parcel of land, or the area of a proposed division, including those portions designated for streets and alleys and including those portions of all abutting streets and alley measured to the center lines thereof or to a line parallel with and thirty (30) feet from the property line, whichever shall be the lesser. In the case of a single-family residential use occupying a corner parcel, the area of the street abutting the shortest side of such parcel, or one side in the case of a square parcel, shall not be included.
"Impact fee" means a monetary exaction imposed by the city pursuant to this chapter as a condition of or in conjunction with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements.
"Impose" means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.
"New development" or "development project" means any new building, structure or improvement of any parcels of land, upon which no like building, structure or improvement previously existed. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.030 Fees and application.#
A. This chapter establishes development impact fees that are imposed as a condition of approval upon all new development projects for which a building permit is issued on or after the effective date of this chapter. Those impact fees are hereby established for the following public facilities:
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Civic Center and related parking structure;
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Library Facilities; and
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Public Works Corporation Yard Expansion.
B. These impact fees are established in order to pay for the capital costs of General Governmental Facilities reasonably related to the needs of new development in the city. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.040 Fees schedule and computation of fee.#
A. The City Council shall establish by resolution a schedule of fees to be imposed on new development, calculated to provide the sum of money necessary to pay the estimated total capital costs of the General Governmental Facilities, as identified in and in the manner prescribed by the October 8, 2004 fee study approved by council, to serve new development within the urban growth boundary. Subsequent revised fee schedules shall become effective sixty (60) days after the adoption thereof following a Public Hearing before the City Council.
Chapter 16.50 - Development Impact Fees#
16.50.040 - Annual review of fees.#
B. Annual review of the fee schedule initially adopted by ordinance will be made in the following manner. Each April of each year the chief financial officer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, California. When the average of such indices differs from the average of the indices for the preceding April 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the average ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual General Governmental Facilities impact fee rates may be multiplied by said factor to determine the adjusted schedule of fees. The chief financial officer shall present the new fee schedule for adoption by resolution of council after at least one public hearing.
C. If in the determination of the chief financial officer the adjustment of the schedule of fees produced by the procedure in Subdivision (B) above of this section is not representative of the actual change in costs of the planned General Governmental Facilities, the chief financial officer may, in lieu of such procedure compute a new schedule of fees calculated to provide the sum of money necessary to pay the capital costs of the General Governmental Facilities.
D. At least once every five (5) years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development. If it is necessary to update the previously approved fee study to do so, council may amortize the cost of doing so over the following five (5) year period and include such cost as an element of the impact fee. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.050 - Imposition and timing of fees.#
A. Except as provided in this chapter, and any amendment to this chapter, the city may impose impact fees as a condition of approval of all new development projects.
B. After an individualized determination that each fee has been calculated as provided in this chapter, the impact fees shall be imposed prior to any development permit for new development.
C. The development impact fee shall be collected at the time and as a condition for issuance of a building permit, except as otherwise provided in Government Code Section 66007 or as provided herein.
D. The payment of the impact fees may be deferred until final inspection. In no case shall a certificate of occupancy be issued without the payment of the above referenced impact fee.
E. Companies classified within the following standard industrial codes shall be able to pay the impact fees over a period of five (5) years without interest or administrative fee. The first installment of twenty (20) percent shall be due upon occupancy and the balance shall be paid in five (5) equal annual installments thereafter and will be collected on the property tax roll. The collection of the balance on the property tax roll shall not preclude the earlier payment of any outstanding balance.
| SIC Code Range | Industry Classification |
|---|---|
| 2000–2099 | Food Processing |
| 2200–3999 | Certain other manufactures |
| 4200–4299 | Trucking and warehousing |
| 4500–4599 | Air transportation |
| 4700–5199 | Transportation services and warehouse trade |
F. A penalty equal to the amount of one hundred (100) percent of the amount of the fees deferred shall be imposed on any party who fails to pay such deferred fees by the point of time the fee is due. Further, said party will have forfeited the right to defer such fees on parcels in which said party has a financial interest. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.060 - Disposition and use of fees.#
Chapter 16.50 - Impact Fees#
16.50.060 Separate Accounts#
The chief financial officer shall establish a separate account for each type of facility listed in Section 16.50.030. All impact fees collected by the city shall be deposited in the account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account. Funds deposited in those accounts shall be used only to pay for facilities resulting from new development within the urban growth boundary, as identified in the resolution adopted by City Council setting the rate of the fee. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.070 Refunds#
If impact fees collected by the city have not been expended or designated for the intended purpose within five (5) years following their collection, the city shall either refund those fees as provided in Government Code Section 66001, or make the findings as required by said section to retain the fees. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.080 Credits#
A. A property owner who dedicates land or otherwise contributes funds for the capital costs of the facilities identified herein may be eligible for a credit for such contribution against the impact fee otherwise due.
B. The chief financial officer shall determine: (1) the value of the developer contribution; (2) whether the contribution meets capital improvement needs for which the particular impact fee has been imposed; and (3) whether the contribution will substitute or otherwise reduce the need for capital improvements anticipated to be provided with impact fee funds. In no event, however, shall the credit exceed the amount of the otherwise applicable impact fee.
C. Any application for credit must be submitted on forms provided by the city before development project approval. The application shall contain a declaration under oath of those facts that qualify the property owner for the credit, accompanied by the relevant documentary evidence. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.090 Protest#
Any party subject to the fees established by this chapter may protest the imposition of those fees by complying with the protest provisions in the Mitigation Fee Act (Gov. Code § 66000 et seq.) in effect at the time of the protest. (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)
16.50.100 Exemptions#
The fees imposed under this chapter shall not apply to the following:
A. Remodeling or alteration of an existing dwelling or building.§
B. Additions to an existing dwelling or building that does not cause the site upon which the dwelling or building is situated to be expanded.§ (Ord. 2017-01 (part), 2017: Ord. 2005-04 (part), 2005)