Chapter 12.30 — DEVELOPMENT IMPACT FEES

This chapter is known as the "Development Impact Fees and Dedication Ordinance" and may be cited as such.

(Ord. 565 § 3, 2019)

The City Council finds that:

• A. The purpose of this chapter is to establish provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit.

• B. The purpose of the fees established by this chapter is to impose upon new development the costs of constructing public facilities which are reasonably related to the impacts of the new development. New development in the City will require the construction of new public facilities, including, without limitation, drainage improvements, traffic improvements, traffic signals, public park facilities, community facilities and other public improvements, fire facilities, facilities identified as part of the City's long range planning, and program administration. The City Council finds that it is in the interest of the public's health, safety and welfare for new development to pay the costs of constructing the public facilities reasonably related to the impacts of the new development.

• C. The fees established by this chapter must be used for those purposes identified in Section 12.30.040 of this chapter.

• D. The City Council finds that there is a reasonable relationship between the use of the fees established by this chapter and the types of development on which the fees are imposed. The public facilities, include, without limitation, drainage improvements, traffic improvements, traffic signals, public park facilities, community facilities and other public improvements, fire facilities, facilities identified as part of the City's long range planning, and program administration for which the fees are collected are reasonably related to the types of development to which they apply.

• E. The City Council finds that there is a reasonable relationship between the need for the public facilities and the types of development projects to which the fees apply. The public facilities, drainage improvements, traffic improvements, traffic signals, fire facilities, facilities identified as part of the City's long range planning, and program administration that the fees are to be used for, are needed because of the impacts caused by the type of development projects to which they apply.

• F. The City Council finds that there is a reasonable relationship between the amount of the fees and the costs of the public facility or portions of the public facility attributable to the development on which the fees are imposed.

• (Ord. 565 § 3, 2019; Ord. 621, 1/22/2025)

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City of Santee, CA

For the purpose of this chapter, the following words have the following meaning:

"Area of benefit" means, for each individual fee, all land lying within the boundaries of the City. A metes and bounds description of the Santee special drainage area is contained in the description of the Santee Incorporation boundaries as described in Document Nos. 81-052979 and 1991-0133708, Official Records of the San Diego County Recorder, and incorporated by reference. Any area annexed to the City after the effective date of the ordinance codified in this chapter will automatically become a part of the area of benefit for development impact fees.

"Building permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by the City.

"Developer" means a person, agency or entity that constructs or is required to construct all or any part of a public facility as part of the approval of a development permit or building permit.

"Development permit" means a tentative map, tentative parcel map, development review permit or conditional use permit.

"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons.

"Installation" means design, administration of construction contracts and actual construction.

"Multifamily residential property" means property which, under the current City land use plan or any specific plan, is designated as R-7, R-14, R-22 or R-30 or equivalent.

"Off-site facility" means a public facility improvement located outside the property limits of any parcel which is being considered for development.

"On-site facility" means a public facility improvement located inside the property limits of any parcel which is being considered for development.

"Property limits" means the parcel or parcels that are being considered for development, including the centerline of any adjacent public right-of-way.

"Public facility" means drainage, traffic signal, circulation element street, or building public improvements constructed by the City with City funds.

"Regional Arterial System" (RAS) means the network of arterials that provide critical links for the region as defined in San Diego Association of Governments (SANDAG) latest adopted Regional Transportation Plan (RTP).

"RTCIP" means the Regional Transportation Congestion Improvement Program as established by the San Diego Association of Governments.

"Residential property" means property which, under the current City land use plan or any specific plan, is designated as residential use.

"Single-family residential property" means property which, under the current City land use plan or any specific plan, is designated as HL, R-1, R-1A or R-2 or equivalent.

"Underdeveloped property" means property within the Santee special drainage area that will experience significant increases in impermeable surface when developed to the full potential allowed by the zoning ordinance.

"Undeveloped property" means property within the Santee special drainage area with no appreciable existing constructed impermeable surface.

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City of Santee, CA

SANTEE CODE

§ 12.30.030

§ 12.30.060

• (Ord. 565 § 3, 2019)

• A. Public facilities benefit fee is for installation of passive and active park facilities and 65,000 square feet of community buildings.

• B. Drainage fee is for the installation of needed drainage improvements identified from the City's latest master drainage facility study.

• C. Traffic signal fee is for the installation of needed traffic signals identified from the City's traffic signal needs list.

• D. Traffic mitigation fee is for the installation of needed improvements identified from the City's General Plan circulation element.

• E. RTCIP mitigation fee is for improvements to the Regional Arterial System.

• F. Park-in-lieu fee is for the acquisition and development of park facilities.

• G. Fire facilities fee is to fund the construction of new fire stations and procurement of apparatus and equipment.

• H. Long range planning fee is for the purpose of funding updates to the City's General Plan Elements and Sustainable Santee Plan as amended.

• I. Program administration fee is a two percent (2%) fee to be added to the amount of the development impact fees due for a project to fund the costs of the City's management and ongoing program administration, collection, and reporting costs necessary to carry out the City's development impact fee program.

• (Ord. 565 § 3, 2019; Ord. 621, 1/22/2025)

• A. The City Council, by resolution, establishes each development impact fee rate, based upon the estimated or actual cost at the time of the adoption of the resolution, for public facilities.

• B. Pursuant to City Council resolution establishing each development impact fee rate, the Director of Engineering must calculate the total fees to be paid by any applicant or developer. The Director Engineering's decision is subject to the appeal process set forth in Section 12.30.090 of this chapter.

• C. The development impact fees, exclusive of the RTCIP mitigation fee, are automatically adjusted for inflation on July 1 of each year. The inflation adjustment is the greater of two percent (2%) or based on the Construction Cost Index (CCI) for the 20-City Average as reported by the Engineering News Record for a twelve-month period, or a similar published index if the CCI is no longer available.

• D. Pursuant to the TransNet Extension Ordinance, RTCIP mitigation fees are automatically adjusted for inflation on July 1 of each year. The inflation adjustment will be two percent or based on the Caltrans highway construction cost index, whichever is higher.

• (Ord. 565 § 3, 2019; Ord. 612 § 2, 2023; Ord. 621, 1/22/2025)

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City of Santee, CA

• A. Subject to California Government Code section 66007, developers must pay the applicable development impact fees to the City at issuance of the building permit for the purpose of defraying the actual or estimated cost of the installation of any public facilities.

• B. The applicable development impact fees may be reduced by an amount equal to the outstanding balance of any reimbursement agreement entered into prior to the time that the fees become due and payable pursuant to Sections 12.30.100 and 12.30.110 of this chapter. If the outstanding balance of the reimbursement agreement exceeds the applicable fees, the agreement is automatically reduced by the amount of the fees and the fees will be waived. If the fees exceed the outstanding balance of the agreement, the reduced fees must be paid prior to the issuance of a permit.

• C. A credit may be given to all developers who have, as a condition of project approval, constructed public facilities in lieu of the payment of development impact fees. The credit will be the cost of the facilities constructed. For purposes of this chapter, the installation cost is the actual cost of constructing the improvements as determined from certified invoices from the contractor except that this cost must not exceed the estimated price as established by the Director. No facility construction for which a reimbursement agreement has been issued is eligible for credit.

• (Ord. 565 § 3, 2019; Ord. 621, 1/22/2025)

• A. All development impact fees collection pursuant to this chapter must be placed into separate accounts for each fee type. All such revenue must be expended solely for land acquisition, construction or engineering, and other related costs necessary for the installation of the public facility, or reimbursement for land acquisition, construction or engineering of the public facility for which the fee was collected.

• B. For each fee account, a special revolving fund must be established for the purpose of making reimbursements (see Section 12.30.110 of this chapter) for improvements to offsite facilities. Each revolving fund must be established by depositing 25% of the total fees collected each year with a maximum accumulation of $100,000.00.

• C. The City Council may from time to time change by resolution the percentage of the development impact fees collected that is to be deposited in each public facilities revolving fund.

• D. All revenue for the RTCIP mitigation fees must be expended solely on improvements to the Regional Arterial System.

• (Ord. 565 § 3, 2019; Ord. 621, 1/22/2025)

Notwithstanding the provisions of this chapter, payment of development impact fees are not required for:

• A. The use, alteration or enlargement of an existing nonresidential building or structure on the same lot or parcel of land, provided the total useable building floor area, as determined by the Director, of all such alteration, enlargement or construction completed within any

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City of Santee, CA § 12.30.080

SANTEE CODE

• B. The use, alteration or enlargement of the building is not such as to change its classification of occupancy as defined by the Uniform Building Code;

• C. The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, shops and other buildings which are accessory to one-family or two-family dwellings;

• D. The alteration or enlargement on an existing multifamily structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, provided the additional number of dwelling units, as determined by the Director, is not increased;

• E. The amount of development which has occurred on a site if it has been previously developed;

• F. All applicable development impact fees for an accessory dwelling unit shall be waived for a five-year period, commencing on September 27, 2019, and ending on September 27, 2024.

• (Ord. 565 § 3, 2019; Ord. 568 § 3, 2019)

• A. Notwithstanding any other provision of this chapter, any person responsible for payment of development impact fees or dedications has the right, upon payment of an appropriate fee established by resolution of the City Council, to appeal to the City Council the Director's determination of the amount of development impact fees to be paid or the type of facility to be constructed.

• B. An appeal may only be heard if filed with the City within 90 days after imposition of the development impact fees.

• C. The City Council has the authority to:

  1. Change the amount of development impact fees when it finds that the amount so established is incorrect or inequitable in the specific case; and/or

  2. Change the size and/or location of a facility or portion thereof.

• D. Any such changes must be in conformity with the spirit and intent of the development impact fee and dedication ordinance adopted by Council.

• E. The appellant has the burden of establishing the basis for the appeal and facts to support the appellant's appeal. The Director makes a recommendation to the City Council. Any decision by the City Council is final.

• (Ord. 565 § 3, 2019)

Where, as a requirement of the project, the developer constructs all or a portion of an off-site public facility, the construction cost for that portion beyond local benefit will be credited against the development impact fee to be paid for that type of facility. For purposes of this chapter,

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City of Santee, CA

§ 12.30.140

the construction cost is the actual cost of constructing the improvements as determined from certified invoices from the contractor, except that this cost must not exceed the estimated price as established by the City Engineer.

(Ord. 565 § 3, 2019)

• A. If a developer constructs an off-site public facility or a portion thereof, the developer may be eligible for reimbursement from the revolving fund of that type of facility. Reimbursement for construction of all off-site public facilities is the full amount allowed by Section 12.30.120 of this chapter.

• B. If a public facility is improved off-site on undeveloped or underdeveloped property, the developer may pursue private reimbursement in accordance with Chapter 11.42 Improvements Reimbursement.

• C. Off-site facilities that are not part of the respective development impact fee programs are not eligible for reimbursement by those respective fees.

• D. No reimbursement is allowed for the construction of any on-site facilities, with the exception of public park facilities and community buildings.

• E. If the amount in a specific public facility's revolving fund is insufficient to fully reimburse eligible developers, the City will enter into a reimbursement agreement with the developer. The reimbursement agreement will be entered into when the City has determined that the developer has made a complete submittal of all invoices necessary to substantiate costs to be reimbursed. Reimbursement will be made only as fees are collected with the development of property within the City. Although the revolving fund of each facility type will have a limit of $100,000.00, up to 25% of any fees collected following the operative date of the reimbursement agreement will be available for reimbursement. No developer may receive reimbursement until all developers who have previously executed reimbursement agreements are fully reimbursed (except for credit against fees as allowed in Section 12.30.060(C) of this chapter).

• (Ord. 565 § 3, 2019)

For the purpose of reimbursement pursuant to Section 12.30.110 of this chapter, the cost of construction for public facilities or any portion of these facilities is the actual cost as certified by the developer and verified by the City, or the estimated cost computed in accordance with the schedule of construction allowances as approved by the City, whichever is less. The estimated cost will be based upon the length, size and type of facility actually constructed. (Ord. 565 § 3, 2019)

This chapter must not be construed to mean that public facilities, for which a fee(s) has been paid, will be installed immediately. Installation will be programmed when conditions warrant and balance of funding is available.

(Ord. 565 § 3, 2019)

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City of Santee, CA

SANTEE CODE

§ 12.30.140

§ 12.30.200

In carrying out the provisions of this chapter, the City complies with the terms and requirements of California Government Code Sections66000 through 66025. As part of the City's compliance with California Government Code Sections 66000 through 66025, within the statutory timeframes, the Director of Finance shall ensure that the City undertakes the following:

• A. Make available to the public the recurring annual report(s) required by California Government Code Section 66006(b) within 180 days after the last day of each fiscal year, and present the report(s) to the City Council in compliance with applicable law;

• B. Make the recurring five-year findings required by California Government Code Section 66001(d) for the fifth fiscal year following the first deposit into an account or fund, and every five years thereafter, in connection with the annual report required by subsection A above; and

• C. Conduct the recurring eight-year impact fee nexus study updates required by California Government Code Section 66016.5(a)(8) at least once every eight years, from the period beginning on January 1, 2022.

• (Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)

• A. With exception of the RTCIP mitigation fee, all other City development impact fees shall be calculated in accordance to the methodology provided in the authorizing ordinance and/ or resolution imposing such fees adopted by the City Council, as may be amended.

• (Ord. 565 § 3, 2019; Ord. 621, 1/22/2025)

Prior History: Ord. 565 § 3, 2019; repealed by Ord. 621, 1/22/2025.

Differences in drainage facility requirements that are a result of a change in the City General Plan are reviewed by the City Council. If determined by the City Council that the total facilities cost and the basis of cost allocation have been significantly altered, the City Council may make revisions in accordance with the changes in the General Plan. (Ord. 565 § 3, 2019)

• A. The RTCIP mitigation fee for single-family residential property is the product of the actual number of dwelling units and the fee rate (dollars per dwelling unit) for the respective land uses of HL, R-1, R-1-A and R-2 in the Santee area of benefit.

• B. The RTCIP mitigation fee for multifamily residential property is the product of the actual number of dwelling units and the fee rate (dollars per dwelling unit) for the respective land uses of R-7, R-14, R-22, and R-30 zones in the Santee area of benefit.

• (Ord. 565 § 3, 2019)

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City of Santee, CA

SUBDIVISION OF LAND, DEVELOPMENT FEES, AND

§ 12.32.010

§ 12.32.020