Article 3 — General Public Facilities Impact Fee

• (a) As a result of increasing regional growth, significant residential, commercial and industrial development is expected to occur within the City.

• (b) City government requires buildings and equipment for City employees to serve the public. The City now has or will need certain general public facilities including City administration buildings, a corporation yard for public works, senior centers, libraries and other facilities needed to serve the public.

• (c) The general plan specifies the permitted uses of land within the City and places limits on the intensity and density of such use. The City Council has examined the relationship between the land uses and densities permitted under the general plan and the rate and amount of actual development of property within the City. Based upon this examination, the City Council has identified trends in growth and development which enable the Council to project, with substantial certainty, the magnitude and extent of future development based upon the City's general plan.

• (d) Based upon projected growth and development permitted under the general plan, a substantial amount of residential, commercial and industrial development will occur in the City before the City is fully built out.

• (e) This anticipated development cumulatively will generate a substantial increase in the need for City services and the corresponding general public facilities necessary to provide those services. New development will thus create an additional burden on the existing general public facilities.

• (f) If additional general public facilities are not added as development occurs, the existing facilities will not be adequate to serve the community. This could result in adverse impacts, such as inadequate space for City employees, the public works corporation yard, building safety and human services activities, and inadequate libraries. This shortage of general public facilities would lead to a deterioration of the public services which the residents, employees and property owners in Hercules now enjoy.

• (g) To prevent these undesirable circumstances, the capacity of the City's general public facilities must be built at a rate which will accommodate the expected growth in the City.

• (h) Although the need for public services generated by an individual development project may not be, in and of itself, sufficient to overload the City's existing general public facilities, the unmitigated cumulative impact of all new development, including but not limited to development currently submitted for approval, will result in an unacceptable burden.

• (i) It is the policy of the City that new development pay for the cost of the improvements to and for new general public facilities which are necessary to accommodate the public services needs generated by new development. In the absence of this ordinance imposing a general public facilities impact fee, existing and future sources of revenue will be inadequate to fund a substantial portion of the general public facilities improvements which are necessary to avoid an unacceptable deterioration of public services.

ic facilities which are necessary to accommodate the public services needs generated by new development. In the absence of this ordinance imposing a general public facilities impact fee, existing and future sources of revenue will be inadequate to fund a substantial portion of the general public facilities improvements which are necessary to avoid an unacceptable deterioration of public services.

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City of Hercules, CA

Sec. 10-18.301

LAND USE

Sec. 10-18.301

• (j) All types of development require and use public services and the associated general public facilities, although to different degrees. The City Council has examined the extent to which different land uses rely upon the City's services and general public facilities. In its evaluation, the Council has taken into consideration, among other things, the Comprehensive Impact Fee Study for the City of Hercules dated February 21, 2001 (the "Comprehensive Impact Fee Study"). That Study identifies the estimated use of public services and facilities by all new persons coming to the City, including residents and daytime population. The City Council finds that these use factors represent a reasonable estimate of the actual use of public services and facilities.

• (k) A fair and equitable method of securing some of the revenues necessary to construct the required general public facilities improvements is to impose a general public facilities impact fee based on the extent to which new development generates the need for additional general public facilities.

• (l) The Comprehensive Impact Fee Study identifies general public facilities improvements which are necessary to accommodate future growth.

• (m) The general public facilities improvements that will be constructed or paid for with funds generated by this Article will significantly benefit the contributor in that the adverse impacts and inconvenience which would otherwise be caused by a declining level of public services will be substantially mitigated. Persons who undertake new development in the City are benefitted by a desirable community and the City's reputation for providing and ability to provide a variety of well-run public services. Such services make the community a safe and appealing place to live and to work.

• (n) Pursuant to Government Code Section 66001, and based upon the Comprehensive Impact Fee Study and the terms of this Article, the City Council finds:

  • (1) The purpose of this fee is to provide adequate general public facilities improvements to serve new development within the City.

  • (2) The improvements for which the fee can be used are generally identified in the Comprehensive Impact Fee Study.

  • (3) General public facilities fee improvements are needed by all types of development, based upon (A) the average number of single family and multi-family residences and (B) the average number of daytime employees per square foot for industrial, retail/ services, office building space or hotel rooms.

• (4) The amount of the fee bears a fair and reasonable relationship to each development's burden on and benefit from the City's public services and general public facilities improvements to be funded by the fee, and shall be based on the following considerations:

New development will pay only for those general public facilities which serve new development and are necessary to serve the public services needs which will be created by new development. The cost of improvements needed to alleviate existing deficiencies in general public facilities, if any, are not included in this fee.

Each type of development shall contribute to the needed improvements in proportion to the use of public services and general public facilities anticipated by that type of

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City of Hercules, CA

Sec. 10-18.301

HERCULES CODE

Sec. 10-18.302

• development. The fee shall be based on the average number of residents or daytime employees for the particular land use, and the estimated average use of particular facilities.

• (o) Periodic review, and possible revision, of the fee resolution adopted by the City Council under this Article will allow for the adjustment of the fee to ensure that the fee remains a fair and equitable method for the distribution of costs to construct general public facilities necessary to accommodate the public service needs generated by development.

• (p) The Comprehensive Impact Fee Study, and future Council-approved amendments and supplements to it and replacements of it, are approved, incorporated here by reference, and provide the technical information and reasoning upon which the fee is based.

• (Ord. 364 § 2 (part), 2001)

In this Article:

• (a) General Public Facilities include general City administration buildings, civic center, City hall, corporation yards for public works, libraries, and other public buildings and facilities. In this Article, the term general public facilities does not include (1) fire stations and equipment, or (2) park and recreation buildings or (3) police facilities, all of which are paid for through other funds.

• (b) Comprehensive Impact Fee Study refers to the report of that title dated February 21, 2001, prepared by the City of Hercules and Muni Financial, and any future Council-approved amendments or supplements to it or replacements of it.

• (c)

  • Director means the City Manager or the City Manager's designee.

• (d) Permit means a building or use permit authorizing the development of new floor area or a change from one land use category to another.

• (e) Single family residence means a detached one-family dwelling unit at densities less than six per acre, excluding mobile homes.

• (f) Multi-family dwelling means all attached single family dwellings such as townhouses, condominiums, duplexes, apartments, dormitories and the like, and mobile homes or trailers.

• (g) Industrial includes industrial facilities primarily engaged in manufacturing, processing and assembling goods, business and construction services, passenger and freight transportation, research and development and uses with similar impact on the services or facilities for which the fee is assessed.

• (h) Office includes facilities primarily used for professional (for example, medical, legal, engineering, accounting), general commercial, financial, insurance and other offices which do not function primarily for walk-in services, as well as uses with a similar impact on the services or facilities for which the fee is assessed.

• (i) Retail/services includes facilities primarily engaged in the retail sale of goods or services to the general public or to small businesses. This category includes stores, automobile dealers, restaurants, hospitals, schools, colleges, banks and uses with a similar impact on

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City of Hercules, CA

Sec. 10-18.302

LAND USE

Sec. 10-18.303

the services or facilities for which the fee is assessed.

• (j) Hotel includes buildings used for the overnight lodging of guests and uses with a similar impact on traffic volume.

• (k) Floor area means the gross floor are of a building or, if a building contains separate uses for which the fee is payable, the floor area of each of those uses. It is determined by calculating the total combined floor area within the building's exterior walls or, in the case of a building containing more than one use, the area within the walls containing each separate use. Floor area includes the area of an addition where floor area is increased. Parking areas and exterior walkways are not included in this calculation.

• (Ord. 364 § 2 (part), 2001)

• (a) General. The amount of the fee shall be established by City Council resolution and is based upon the following considerations:

  • (1) Development will pay for improvements only where there is a reasonable relationship between the improvements and the capital facilities needs created by the new development.

  • (2) Each type of development shall contribute to the needed improvements in proportion to the use of the improvements by that type of development.

• (b) Type of development. The categories of land uses for which the fee will be charged are listed below. The fee is based on the estimated level of public services needed and used by each type of development.

  • (1) Single family residence;

  • (2) Multi-family residence;

  • (3) Industrial;

  • (4) Retail/Service;

  • (5) Office;

  • (6) Hotel.

• (c) When applicable. The fee is applicable to a building permit, certificate of occupancy or change of use as follows:

  • (1) The fee for residential construction is for each dwelling unit. There is no fee for remodeling or for an addition to an existing unit not resulting in a new second unit.

  • (2) The fee for non-residential construction is calculated on a per square foot basis for all new floor area including additions where floor area is increased and on a per room basis for hotels. There is no fee for remodeling or restoration where floor area is improved or replaced but not increased.

  • (3) A fee is due for a change in land use category. The fee is based on the incremental difference between the applicable fee for the prior use and the fee for the proposed

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City of Hercules, CA Sec. 10-18.303

HERCULES CODE

Sec. 10-18.307

new use.

• (d) General Public Facilities Improvements. The fee shall be based on the percentage of the cost of the general public facilities improvements attributable to new development as determined in the Comprehensive Impact Fee Study. The improvements included in the total cost are set forth in that report, and do not and shall not include the costs to alleviate existing deficiencies in the City's general public facilities, if any exist.

• (e) Amount of Fee. The amount of the fee shall be established by City Council resolution and may be amended by resolution from time to time to reflect changes in the estimated cost of the facilities to be financed. The method of establishing the fee is that set out in the Comprehensive Impact Fee Study.

• (Ord. 364 § 2 (part), 2001)

No fee is due if a general public facilities fee was previously paid in full for a particular property and use. No fee is due for development by entities which are exempt by law from payment of the fee. There are no other exemptions to this fee.

(Ord. 364 § 2 (part), 2001)

The time for payment of the general public facilities impact fee shall be established by the City Council resolution which sets the amount of the fee, and shall conform to the requirements of the Government Code Section 66007.

(Ord. 364 § 2 (part), 2001)

The City shall deposit the fees collected under this Article in a special fund, the General Public Facilities Impact Fee Fund, designated for general public facilities improvements. The fees and any interest earned shall be used only to complete the general public facilities improvements projects specified in the Hercules General Plan, Capital Improvements Program, the Comprehensive Impact Fee Study or the budget of the City, to reimburse the City for its reasonable cost in administering this Article, or to reimburse the City for such construction if funds were advanced by the City from other sources, or a combination of the above. (Ord. 364 § 2 (part), 2001)

The City Council shall annually review the general public facilities impact fee authorized by this Article, implementing resolutions and supporting documentation, including the Comprehensive Impact Fee Study and any amendments or supplements to it or replacements of it and may, based on such review, institute by resolution an amended general public facilities impact fee program. (Ord. 364 § 2 (part), 2001)

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City of Hercules, CA

Sec. 10-18.401

LAND USE

Sec. 10-18.401

Article 4 Police Facilities Impact Fee

• (a) As a result of increasing regional growth, significant residential, commercial and industrial development is expected to occur within the City.

• (b) The Hercules Police Department provides essential and invaluable police services to residents of the City of Hercules and to its entire business and commercial population.

• (c) The general plan specifies the permitted uses of land within the City and places limits on the intensity and density of such use. The City Council has examined the relationship between the land uses and densities permitted under the general plan and the rate and amount of actual development of property within the City. Based upon this examination, the City Council has identified trends in growth and development which enable the Council to project, with substantial certainty, the magnitude and extent of future development based upon the City's general plan.

• (d) Based upon projected growth and development permitted under the general plan, a substantial amount of residential, commercial and industrial development will occur in the City before the City is fully built out.

• (e) This anticipated development cumulatively will generate a substantial increase in the need for police services and the corresponding capital facilities necessary to provide those services. New development will thus create an additional burden on police services and their existing facilities.

• (f) Additions to the existing police protection facilities in the City are needed to mitigate the impacts of development and to accommodate future development. All types of development require and use police and other emergency services.

• (g) In order to implement the general plan and to promote the health, safety and general welfare of the community, it is necessary that new development pay its pro rata share of its impact upon police services.

• (h) The police facilities impact fee is based upon the premise that new development generates additional residents, employees and structures which in turn place an additional burden upon the local police system and facilities and should be expected to pay a share of the new police facilities in accordance with the level of demand generated by that development. The City Council hereby finds:

  • (1) The purpose of this fee is to provide adequate police protection facilities to serve new development within the City.

  • (2) The police facilities for which the fee can be used are generally identified in the Comprehensive Impact Fee Study.

  • (3) Police facilities and related emergency services are needed by all types of development to protect persons and property. The categories of land use for which the fee will be charged are residential, office, retail/service, industrial and hotels.

  • (4) The amount of the fee shall be established by City Council resolution and shall be

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City of Hercules, CA Sec. 10-18.401

HERCULES CODE

Sec. 10-18.402

based upon the following considerations:

• A. New development will pay only for those increases and improvements which serve demands created by new development.

  • B. Each type of development shall contribute to the needed police protection facilities in proportion to the use of police protection facilities by that type of development.

  • C. The Comprehensive Impact Fee Study dated February 21, 2001 and prepared by the City of Hercules and Muni Financial and future Council-approved amendments or supplements to it or replacements of it are approved and incorporated by reference.

• (Ord. 364 § 2 (part), 2001)

• (a) In this Article:

Director means the City Manager or the City Manager's designee.

Permit includes a building or use permit authorizing the development of new floor area or a change from one land use category to another.

Police facilities includes land, buildings, improvements and related equipment.

Single family residence means a detached one-family dwelling unit at densities less than six per acre, excluding mobile homes.

Multi-family dwelling means all attached single family dwellings such as townhouses, condominiums, duplexes, apartments, dormitories and the like, and mobile homes or trailers.

Industrial includes facilities primarily engaged in manufacturing, processing and assembling goods, business and construction services, passenger and freight transportation, research and development and uses with a similar impact on the services or facilities for which the fee is assessed.

Office includes facilities primarily used for professional (for example, medical, legal, engineering, accounting), general commercial, financial, insurance, and other offices which do not function primarily for walk-in services as well as uses with a similar impact on the services or facilities for which the fee is assessed.

Retail/service includes facilities primarily engaged in the retail sale of goods or services to the general public or to small businesses. This category includes stores, automobile dealers, restaurants, hospitals, schools, colleges, banks and uses with a similar impact on the services or facilities for which the fee is assessed.

Hotel includes buildings used for the overnight lodging of guests and uses with a similar impact on traffic volume.

Floor area means the gross floor area of a building or, if a building contains separate uses for which the fee is payable, the floor area of each of those uses. It is determined by calculating the total combined floor area within the building's exterior walls or, in the

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City of Hercules, CA

Sec. 10-18.402

LAND USE

Sec. 10-18.403

case of a building containing more than one use, the area within the walls containing each separate use. Floor area includes the area of an addition where floor area is increased. Parking areas and exterior walkways are not included in this calculation.

Comprehensive Impact Fee Study refers to the report of that title dated February 21, 2001, and prepared by City of Hercules and Muni Financial.

(Ord. 364 § 2 (part), 2001)

• (a) General.

  • (1) Permit. A person who applies for a permit to construct a residential unit or to construct or add to a nonresidential building shall pay to the City a police facilities fee prior to issuance of the permit.

  • (2) Change of use. A person who receives a permit authorizing a change of use within a building shall pay to the City a police facilities fee prior to issuance of the permit.

  • (3) Amount of fee. The amount of the police facilities fee shall be determined by resolution of the City Council and may be adjusted by resolution from time to time to reflect changed estimates in the cost of the facilities to be financed.

• (b) Type of Development. The categories of land uses for which the fee will be charged are:

  • (1) Residential includes Single Family and Multi-Family;

  • (2) Industrial;

  • (3) Office;

  • (4) Retail/Service;

  • (5) Hotel.

• (c) Facilities. The fee shall be based on the percentage of the cost of the new or already provided police facilities needed to serve new development as determined in the Comprehensive Impact Fee Study as amended, supplemented or replaced from time-totime. The new or already provided police facilities included in the total cost are identified in the Comprehensive Impact Fee Study.

• (d) Method of Establishing Fee. The method for establishing fees for each category of land use is that set out in the Comprehensive Impact Fee Study.

• (e) Residential Fees. The fee for residential construction shall be charged for each new dwelling unit. No fee is charged for remodeling only or for an addition to an existing unit which does not result in a new second unit.

• (f) Non-residential Fees. The fee for nonresidential construction shall be charged on a per square foot basis for all new gross floor area, including an addition where floor area is increased. No fee is charged for remodeling or restoration only, where the floor area is improved or replaced but not increased.

• (g) Change of Land Use. A fee is due for a change in land use category. The fee is based on

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City of Hercules, CA

Sec. 10-18.403

HERCULES CODE

Sec. 10-18.408

the incremental difference between the applicable fee for the prior use and the fee for the proposed new use.

(Ord. 364 § 2 (part), 2001)

No fee is due if the police facilities impact fee or a fee substantially similar to the police impact fee was previously paid in full for a particular property and use. No fee is due for development by entities which are exempt by law from payment of the fee. There are no other exemptions to the police facilities fee.

(Ord. 364 § 2 (part), 2001)

The time of payment for the police facilities fee shall be established by the resolution which sets the amount of the fee, and shall conform to the requirements of Government Code Section 66007.

(Ord. 364 § 2 (part), 2001)

The City shall deposit the fees collected under this Article in a special fund, the Police Facilities Impact Fee Fund, designated for police facilities. The fees and any interest earned shall be used only:

To complete the police facilities projects specified in the Comprehensive Impact Fee Study, the Hercules Capital Improvement Program, the budget of the City or otherwise permitted by law, or to reimburse the City for such completion if funds were advanced by the City from other sources;

To reimburse developers who have been required or permitted to install such police facilities to the extent that the cost of such installation exceeds the fee the developer would have otherwise been required to pay under this Article;

To reimburse the City for its reasonable costs in administering this Article. (Ord. 364 § 2 (part), 2001)

The City Council shall annually review the police facilities fee authorized by this Article, implementing resolutions and supporting documentation, including the Comprehensive Impact Fee Study and may, based on such review, institute by resolution an amended police facilities fee program.

(Ord. 364 § 2 (part), 2001)

The provisions of Article 1 apply to this police facilities impact fee. (Ord. 364 § 2 (part), 2001)

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City of Hercules, CA

Sec. 10-18.501

LAND USE

Sec. 10-18.501

Article 5

Fire Facilities Impact Fees

The City Council of the City of Hercules declares:

• (a) Adequate fire-fighting facilities are needed to protect the health, safety and general welfare of its citizens and to protect property in the City;

• (b) The Rodeo-Hercules Fire Protection District provides fire protection, fire suppression, rescue, emergency medical aid, hazardous material control and disaster response, and coordination services for the City of Hercules and for the Town of Rodeo;

• (c) Although each fire station generally serves a particular geographic area, the stations also serve other areas whenever necessary. The stations are part of an integrated system serving the entire City of Hercules as well as the Town of Rodeo;

• (d) The Hercules General Plan includes goals and objectives related to providing adequate fire protection. By including these in the general plan, the City intended to inform residents and developers of City plans for fire services and make fire station locations a part of the land use planning process. The general plan establishes a level of service (LOS) goal for emergency calls. The general plan recommends consideration of a funding mechanism for new facilities. All new development within the City of Hercules is required by law to be consistent with the general plan. The approval of such development must assure that the general plan, and its policies relating to fire facilities, will be implemented.

• (e) New development within the City will create an additional burden on existing fire protection facilities;

• (f) Additions to existing fire protection facilities in the City are needed to mitigate the impacts of development and to accommodate future development;

• (g) All types of development require and use fire and other emergency services;

• (h) In order to implement the general plan and to promote the health, safety and general welfare of the community, it is necessary that new development pay a fee in lieu of the installation of the necessary improvements to the fire protection system;

• (i) Although the Rodeo-Hercules Fire Protection District currently serves both the City of Hercules and the Town of Rodeo, the fire protection facilities to be paid for by the fire facilities fee will be required to serve Hercules even if Rodeo is no longer served.

• (j) The fire facilities impact fee is based upon the premise that new development generates additional residents, employees and structures which in turn place an additional burden upon the local fire protection system and should be expected to pay a share of the new fire protection facilities in accordance with the level of demand generated by that development. The City Council hereby finds:

  • (1) The purpose of this fee is to provide adequate fire protection facilities to serve new development within the City.

  • (2) The fire protection facilities for which the fee can be used are generally identified in

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City of Hercules, CA Sec. 10-18.501

HERCULES CODE

Sec. 10-18.502

the Comprehensive Impact Fee Study.

• (3) Fire protection facilities and related emergency services are needed by all types of development to protect persons and property. The categories of land use for which the fee will be charged are residential, office, retail/service, industrial and hotel.

  • (4) Based upon the fire department's records of past responses, all types of development create the need for fire protection and emergency services.

  • (5) The amount of the fee shall be established by City Council resolution and shall be based upon the following considerations:

    • A. New development will pay only for those increases and improvements which serve demands created by new development.

• B. Each type of development shall contribute to the needed fire protection facilities in proportion to the use of fire protection facilities by that type of development.

• The Comprehensive Impact Fee Study and future council-approved amendments and supplements to it and replacements of it are approved and incorporated by reference.

• (Ord. 364 § 2 (part), 2001)

In this Article:

• (a) Director means the City Manager or the City Manager's designee.

• (b) Permit includes a building or use permit authorizing the development of new floor area or a change from one land use category to another.

• (c) Fire protection facilities includes land, buildings, improvements and related equipment.

• (d) Single family residence means a detached one-family dwelling unit as densities less than six per acre, excluding mobile homes.

• (e) Multi-family dwelling means all attached single family dwellings such as townhouses, condominiums, duplexes, apartments, dormitories and the like, and mobile homes or trailers.

• (f) Industrial includes facilities primarily engaged in manufacturing, processing and assembling goods, business and construction services, passenger and freight transportation, research and development and uses with a similar impact on the services or facilities for which the fee is assessed.

• (g) Office includes facilities primarily used for professional (medical, legal, engineering, accounting), general commercial, financial, insurance, and other offices which do not function primarily for walk-in services as well as uses with a similar impact on the services or facilities for which the fee is assessed.

• (h) Retail/service includes facilities primarily engaged in the retail sale of goods or services to the general public or to small businesses. This category includes stores, automobile dealers, restaurants, hospitals, schools, colleges, banks and uses with a similar impact on the services or facilities for which the fee is assessed.

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City of Hercules, CA

Sec. 10-18.502

LAND USE

Sec. 10-18.503

• (i) Hotel includes buildings used for the overnight lodging of guests and uses with a similar impact on traffic volume.

• (j) Floor area means the gross floor area of a building or, if a building contains separate uses for which the fee is payable, the floor area of each of those uses. It is determined by calculating the total combined floor area within the buildings's exterior walls or, in the case of a building containing more than one use, the area within the walls containing each separate use. Floor area includes the area of an addition where floor area is increased. Parking areas and exterior walkways are not included in this calculation.

• (k) Comprehensive Impact Fee Study refers to the report of that title dated February 21, 2001 and prepared by City of Hercules and Muni Financial and all amendments, supplements and replacements thereof from time to time.

• (Ord. 364 § 2 (part), 2001)

• (a) General.

  • (1) Permit. A person who applies for a permit to construct a residential unit or to construct or add to a nonresidential building shall pay to the City a fire facilities impact fee prior to issuance of the permit.

  • (2) Change of use. A person who receives a permit authorizing a change of use within a building shall pay to the City a fire facilities fee prior to issuance of the permit.

  • (3) Amount of fee. The amount of the fire facilities fee shall be determined by resolution of the City Council and may be adjusted from time to time to reflect changed estimates in the cost of the facilities to be financed.

• (b) Type of Development. The categories of land uses for which the fee will be charged are:

  • (1) Residential;

  • (2) Industrial;

  • (3) Office;

  • (4) Retail/Service;

  • (5) Hotel.

• (c) Facilities. The fee shall be based on the percentage of the cost of the new or already provided fire facilities needed to serve new development as determined in the Comprehensive Impact Fee Study.

• (d) Method of Establishing Fee. The method for establishing fees for each category of land use is that set out in the Comprehensive Impact Fee Study.

• (e) Residential Fees. The fee for residential construction shall be charged for each new dwelling unit. No fee is charged for remodeling only or for an addition to an existing unit which does not result in a new second unit.

• (f) Non-residential Fees. The fee for nonresidential construction shall be charged on a per

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City of Hercules, CA Sec. 10-18.503

HERCULES CODE

Sec. 10-18.508

square foot basis for all new gross floor area, including an addition where floor area is increased. No fee is charge for remodeling or restoration only, where the floor area is improved or replaced but not increased.

• (g) Change of Land Use. A fee is due for a change in land use category. The fee is based on the incremental difference between the applicable fee for the prior use and the fee for the proposed new use.

• (Ord. 364 § 2 (part), 2001)

No fee is due if the fire facilities fee or a fee substantially similar to the fire impact fee was previously paid in full for a particular property and use. No fee is due for development by entities which are exempt by law from payment of the fee. There are no other exemptions to the fire facilities fee.

• (Ord. 364 § 2 (part), 2001)

The time of payment for the fire facilities fee shall be established by the resolution which sets the amount of the fee, and shall conform to the requirements of Government Code Section 66007. (Ord. 364 § 2 (part), 2001)

The City shall deposit the fees collected under this Article in a special fund, the Fire Facilities Impact Fee Fund, designated for fire protection facilities. The fees and any interest earned shall be used only:

To acquire, construct, complete, remodel or expand the fire facilities projects specified in the Hercules General Plan, the Comprehensive Impact Fee Study, the Capital Improvements Program or the budget of the City, or to reimburse the City for such completion if funds were advanced by the City from other sources;

To reimburse developers who have been required or permitted to install such fire protection facilities to the extent that the cost of such installation exceeds the fee the developer would have otherwise been required to pay under this Article;

To reimburse the City for its reasonable costs in administering this Article. (Ord. 364 § 2 (part), 2001)

The City Council shall annually review the fire facilities fee authorized by this Article, implementing resolutions and supporting documentation, including the Comprehensive Impact Fee Study, and may, based on such review, institute an amended fire facilities fee program. (Ord. 364 § 2 (part), 2001)

The provisions of Article 1 apply to this fire facilities impact fee. (Ord. 364 § 2 (part), 2001)

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City of Hercules, CA

Sec. 10-18.601

LAND USE

Sec. 10-18.601