Antioch Municipal Code Art. 21 Public Facility Benefit Districts

This article shall be known as the “Public Facility Benefit District Law” of the city.

('66 Code, § 9-4.2101) (Ord. 798-C-S, passed 11-22-90)

This article may be used to require the payment of fees as a condition of the approval of a final or tentative subdivision map or as a condition of issuing a building permit for the purposes of defraying the actual or estimated cost of constructing public facilities, or for the purpose of reimbursing an assessment district or districts for constructing public improvements which benefit the subject development. PUBLIC FACILITY or PUBLIC FACILITIES includes public improvements, public services, and community amenities, all as designated in Cal. Gov't Code § 66000 et seq.

('66 Code, § 9-4.2102) (Ord. 798-C-S, passed 11-22-90)

In each area requiring the payment of fees for public facilities pursuant to this article, the City Engineer shall propose the formation of a public facility benefit district. The Council shall adopt for each area a resolution of intention to establish such a benefit district. The resolution of intention shall reference the boundaries of the benefit district and shall direct the engineer to prepare a report regarding the proposed costs and the proposed collection of fees.

('66 Code, § 9-4.2103) (Ord. 798-C-S, passed 11-22-90)

The Engineer's report required herein shall contain information on all of the following items:

(A) Identify the purpose of the fee;

(B) Identify the use to which the fee is to be put, including identification of the public facilities which may, but need not be, by reference to a capital improvement plan;

(C) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;

(D) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed;

(E) Determine how there is a reasonable relationship between the amount of the fee and the costs of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

('66 Code, § 9-4.2104) (Ord. 798-C-S, passed 11-22-90)

Upon receipt of the Engineer's report, the Council shall set a public hearing for each area benefitted. Notice shall be given pursuant to Cal. Gov't Code § 65905. In addition to notice requirements contained in Cal. Gov't Code § 65905, such notice shall contain preliminary information related to the boundaries of the area of benefit, the estimated costs, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application.

('66 Code, § 9-4.2105) (Ord. 798-C-S, passed 11-22-90)

At such public hearing, the Council, by resolution, shall establish the boundaries of the area of benefit, the actual or estimated costs, and a fair method of the allocation of costs to the area of benefit and fee apportionment. Such resolution shall also adopt the engineer's report, either as submitted or as amended. A certified copy of the resolution shall be recorded with the County Recorder. Such fees shall be applicable to all property within the area of benefit and shall be payable as a condition of the approval of a final map or as a condition of issuing a building permit for such property or portions thereof.

('66 Code, § 9-4.2106) (Ord. 798-C-S, passed 11-22-90)

Fees paid pursuant to this article shall be deposited in a public facilities benefit fund in a manner to avoid any commingling of the fees with other revenues and funds of the city, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by monies in the fund shall be deposited in or retained in the fund and shall be expended only for the purpose for which the fee was originally collected.

('66 Code, § 9-4.2107) (Ord. 798-C-S, passed 11-22-90)

The Council may accept considerations in lieu of the payment of fees, as long as such considerations are of a value equal to, or greater than, the fees which would have otherwise been collected.

('66 Code, § 9-4.2108) (Ord. 798-C-S, passed 11-22-90)