Anderson Municipal Code Ch. 15.40 Zones of Benefit

Pursuant to Government Code Section 66484, the city council may establish zones of benefit and levy fees therefor, as set out in Sections 15.40.020 through 15.40.070.

(Ord. 615 (part), 1993)

A benefit fee may be levied by the city council for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons or of constructing major thoroughfares when such are included in the transportation element, circulation element or flood control provisions of the conservation element of the general plan. No fee shall be levied for reimbursement of costs incurred for major thoroughfares or bridges constructed prior to the time of adoption of a zone of benefit; provided however, a fee may be levied for the addition to or reconstruction or relocation of an existing major thoroughfare or bridge.

(Ord. 615 (part), 1993)

The boundaries of the area of benefit, the actual or estimated costs and the method of allocation of such costs to the area of benefit and fee apportionment shall be established by the city council after notice is given as required by law and a public hearing is held before the city council. The notice shall contain preliminary information on the proposed boundaries of the area, estimated costs, the proposed method of fee apportionment and the date, time and place of the hearing.

(Ord. 615 (part), 1993)

If at the time the public hearing is opened written protests of the owners of more than one-half of the area included within the proposed area of benefit have been filed with the city clerk and sufficient protests are not withdrawn in writing prior to the conclusion of such public hearing, so as to reduce the area represented to less than one-half of that to be benefited, the proceeding shall be abandoned and shall not be reconsidered for at least one year from the date of the abandonment, except as provided in Government Code Section 66484.

(Ord. 615 (part), 1993)

After the hearing, the city council may adopt a resolution establishing a zone of benefit and levying fees within the zone. The resolution shall include a description of the boundaries of the area of benefit, the total costs, whether actual or estimated, to be levied as fees and the method of fee apportionment. A certified copy of the resolution shall be filed for record with the county recorder.

(Ord. 615 (part), 1993)

A. Fees levied pursuant to Section 15.40.050 are payable as a condition precedent to approval of a final map, parcel map or waiver of parcel map for real property within a zone of benefit. If the case of real property within the zone for which the fee has not been paid pursuant to approval of a final map, parcel map or waiver of parcel map, the fees are payable as a condition precedent to the issuance of a use permit, building permit, mobilehome installation permit or other development permit or entitlement for use.

B. Payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the resolution is adopted or the planned bridge facility is an original bridge, or an addition to an existing bridge facility serving the area at the time the resolution is adopted.

C. Notwithstanding subsection A of this section, the city council may require the payment of those fees or charges at an earlier time (e.g. prior to issuance of a building permit or map approval or waiver) if (1) the city council determines that the fees or charges will be collected for traffic facilities for which an account has been established and funds appropriated and for which the city council has adopted a proposed construction schedule or plan prior to issuance of a building permit(s) or approval or waiver of a map, or (2) the fee or charges are to reimburse the city for expenditures previously made.

D. When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, an additional fee payment shall be required only if the fee schedule has been increased during the interim.

E. When a fee is paid for a development project and that project is subsequently modified so that it is entitled to a lower/higher fee, the public works director shall recompute the fee and determine a revised fee based on the recomputation.

F. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the city finance director shall refund the fee paid, less any administrative portion of the fee upon written confirmation from the public works director that the building permit has been canceled.

G. No fee shall be due for the reconstruction of any residential, commercial or industrial development project that was damaged or destroyed as a result of a natural disaster, as declared by the city council or governor. Any reconstruction of a project or portion thereof which substantially increases the size of the damaged or destroyed property shall be deemed to be new construction and shall be subject to the applicable fee.

H. In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional development that was not included in computing the prior fee.

(Ord. 615 (part), 1993)

Approval of a tentative map may be conditioned upon adoption by the city council of a resolution establishing a zone of benefit.

(Ord. 615 (part), 1993)

Pursuant to this chapter, the city council establishes a six hundred thirty-two acre zone of benefit for the area defined in the "I-5/Deschutes Interchange Fee Program - Revised Traffic Nexus Analysis" dated January 26, 2005, prepared by Omni-Means Engineers and Planners, and on file in the office of the city clerk. A map depicting the zone of benefit is attached hereto as "Exhibit A," and made a part of this chapter.

(Ord. 732 (part), 2005)

For the purposes of Sections 15.40.080, 15.40.100, 15.40.110, 15.40.120, 15.40.130, 15.40.140, 15.40.150, 15.40.160 and 15.40.170 of this chapter, the following words are defined as follows:

"Building permit" means the permit issued or required by the city for the construction of any structure pursuant to and as defined by the building code.

"Department" means the department of public works.

"Director" means the director of the department.

"Equivalent dwelling unit rates" or "EDU rates" means multiplication factors used to convert a particular type of development or use to equivalent dwelling units (EDUs). These factors shall be expressed as the number of EDUs per unit of a particular use.

"Equivalent dwelling units" or "EDU" means the number of single-family dwellings to which a particular type of development or use is equivalent in terms of expected or estimated p.m. peak hour traffic impact.

"Fee," "traffic mitigation fee," or "development impact fee" means the fee imposed to mitigate the traffic impacts of developments within the zone of benefit defined in Section 15.40.080 of this chapter on the Interstate 5/Deschutes road interchange. The fee shall be collected prior to the approval and issuance of any building permit, or as provided otherwise in this chapter.

"Improvement plan" means a site plan of property proposed for development showing all required improvements that must be approved by the city prior to the issuance of a building permit for the property.

(Ord. 732 (part), 2005)

The finance director is directed to establish a special interest-bearing fund entitled "I-5/Deschutes Off-ramp/Roundabout Capital Improvement Fund." All fees collected pursuant to Sections 15.40.130, 15.40.140 and 15.40.170 of this chapter shall be deposited in this account and expended solely to finance the improvements described in the report entitled "I-5/Deschutes Interchange Fee Program - Revised Traffic Nexus Analysis" dated January 26, 2005, and on file in the office of the city clerk.

(Ord. 732 (part), 2005)

Except as otherwise provided by this Chapter, fees imposed pursuant to this chapter shall be due upon the issuance of any building permit for any development, project or building and payable not later than issuance of the certificate of occupancy.

(Ord. 732 (part), 2005)

(Ord. 758, § IX, 2009)

Where building permits are issued by an agency other than the city, fees imposed pursuant to this chapter shall be paid at or prior to a request for electric, water or sewer service, whichever is first. The fees shall be calculated in the same manner as any other fee imposed pursuant to this chapter.

(Ord. 732 (part), 2005)

The development impact fee for the I-5/Deschutes interchange zone of benefit as defined in Section 15.40.080 of this chapter, shall be one thousand three hundred sixty-seven dollars per EDU.

(Ord. 737, 2005: Ord. 732 (part), 2005)

The director shall determine EDU rates for any development, project or building for which a building permit is issued. EDU rates shall be based on the actual use proposed and shall consider trip generation and any other information deemed pertinent by the director. The rates shall be determined using generally accepted engineering practice and the best available information. The total fees charged shall be determined by the director and calculated by multiplying the EDU rate for the particular use by the number of units or size of the development, project or building.

(Ord. 732 (part), 2005)

No fee shall be charged for already existing development or for projects which rebuild or remodel without increasing the trips generated, except as provided in this section.

A. Where the development or project changes to a different land use, it shall be charged the appropriate fee as provided by Sections 15.40.130, 15.40.140 and 15.40.170 of this chapter less any amount previously paid pursuant to this chapter.

B. Where the development or project expands or remodels the same land use, it shall be charged the appropriate fee as provided by Sections 15.40.130, 15.40.140 and 15.40.170; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled. Where the fee is calculated based upon the number of dwelling units, no fee shall be charged unless at least one additional dwelling unit is added.

(Ord. 732 (part), 2005)

A. A developer of any project subject to the fee defined in Section 15.40.090 of this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than twenty calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his decision in writing not later than forty-five calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within twenty calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within forty-five calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this section has been made.

B. Notwithstanding the provisions of subsection A of this section, a project proponent or applicant may pay the fee "under protest" and receive a building permit; provided, however that the application for reduction or adjustment shall thereafter be filed within ten calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.

C. The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or the facilities to be financed by the fee, and the particular project.

D. In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning, or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning, or land use designation, whether or not a building permit is required.

(Ord. 732 (part), 2005)

Commencing August 1, 2006, and annually thereafter, the amount of the fee established in Section 15.40.130 of this chapter shall automatically adjust on August 1 of each calendar year by a percentage equal to the percentage change in the Engineering News Record ENR.com construction cost index from the index for February of the preceding calendar year to the index for February of the adjustment year.

(Ord. 732 (part), 2005)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.

(Ord. 732 (part), 2005)