§ 14.01

This chapter shall be known and cited as the public facility development impact fee ordinance of the city.

(Ord. No. 494, § 3, 7-9-2024)

(a)

The city is experiencing population growth creating an impact and additional demand for services from the existing infrastructure, facilities, and services and this trend is continuing. Furthermore, past infrastructure funding sources such as property taxes and federal revenue sharing funding have been substantially reduced so that current funding sources are no longer adequate. Since new development generates a need for new infrastructure such as parks, roads, bridges, traffic signals, storm drainage, police, fire protection, and public works facilities. It has been determined that development should pay for the increased costs of this need. In addition, there is an urgent need for the construction of new or additional police facilities and general government facilities that may consist of the improvement to and expansion of the existing city hall or new facilities. The provisions of this chapter are adopted to promote the public health, safety, peace, morals, comfort, convenience, and general welfare of the citizens of the city and to implement the goals and objectives of the general plan of the city.

(b)

Public facility development impact fee shall be applicable to the lands within the city. The fee may apply to lands within its sphere of influence where the development will have a direct impact on city facilities and/or services. The city shall enter into an agreement with Kern County board of supervisors, if applicable, to cause the fees to be collected by the county for lands outside of the city limits and within its adopted sphere of influence and transfer of funds to the city.

(c)

Particularly, the provisions of this subchapter are adopted for the following reasons:

(1)

To provide an adequate and constant method for the financing of the unfunded portion of needed systems development costs throughout the city, reasonably related to projected community growth.

(2)

To promote the orderly and efficient expansion of public improvements to adequately meet the domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development.

(3)

To ensure the continuation of necessary services including, but not limited to police and general administrative services.

(4)

To establish equitable methods for minimizing public facility and service costs to the city associated with new development.

(Ord. No. 494, § 3, 7-9-2024)

For the purposes of this chapter and resolutions adopted thereto, certain words shall have the following meanings:

A.

Building means any new structure used or intended for supporting or sheltering any use or occupancy, including those moved into the city limits; but not including any outdoor tanks, towers, carports, or other similar structures.

B.

Church means structures primarily designed as a place for public worship.

C.

Commercial means those uses designated as permitted or conditional uses in the commercial zoning districts of this Code except where such uses involve the manufacture or assembly of a product or warehousing.

D.

Day care center means structures (other than a family day care center) in which persons not of the immediate family are provided with care for compensation for a portion of the day not exceeding twelve (12) hours in any 24-hour period, as defined by the state.

E.

Hospital means an institution where the ill or injured may receive medical, surgical, or psychiatric treatment, nursing care, food and lodging, and the like.

F.

Impact and systems development means:

1.

Any building, structure, or other improvement constructed or renovated by the city upon property owned by or under its control.

2.

Any initial equipment or piece of equipment and other initial, unfunded costs necessary to service new growth or new development.

G.

Industrial means those uses designated as permitted or conditional uses in the industrial or manufacturing zoning districts of this Code, excluding all those uses which are permitted in any of the other zones as set forth in the zoning code of the city, excepting warehouses.

H.

Multi-family dwelling means a residential dwelling unit that cannot be sold individually (for example, must be sold with at least one (1) other dwelling unit on a single parcel of land).

I.

Private school means includes those uses other than public uses offering educational services and/or vocational training to students aged five (5) years or older but excluding childcare facilities.

J.

Public facility fee means the fee charged for all new construction, including the expansion of and/or the addition to an existing, nonresidential structure, to mitigate the unfunded portion of the determined impact of the development.

K.

Residential care home means structures designed for use as a convalescent hospital, or a retirement home, or a 24-hour care center for seven (7) or more persons in addition to members of the family.

L.

Residential dwelling unit means one (1) or more rooms in a dwelling designed for occupancy by one (1) family for living or sleeping purposes and having only one (1) kitchen.

M.

Single-family dwelling means a residential dwelling unit that may be sold individually.

(Ord. No. 494, § 3, 7-9-2024)

A public facility development impact fee, as established from time to time by the city council by resolution, shall be due and payable as established by resolution of the city council.

(Ord. No. 494, § 3, 7-9-2024)

A.

The public facility development impact fee is intended to apply to all residential construction and to all reconstruction, alteration, modification, and additions which create additional dwelling units unless otherwise exempted under this section.

B.

The public facility development impact fee is intended to apply to the building area of all new nonresidential construction and to additional building area due to reconstruction, alteration, modification, and additional nonresidential buildings.

C.

Square footage shall be determined by adding the number of square feet of space on each floor or level.

D.

The fees imposed by this chapter shall not be applicable to those lots on which a structure was previously situated but which was destroyed by fire or other natural disaster, or which was removed or demolished, provided:

1.

That a building permit to rebuild is obtained within one (1) year of the destruction, demolition or removal of the structure.

2.

That the permit to rebuild is obtained by the owner of record as of the date of the destruction, demolition or removal of the structure.

3.

That the exemption will apply only to the extent that the permit to rebuild is for the same number or fewer dwelling units (or, in the case of nonresidential uses, the same number of square feet) as previously existed.

The fees imposed by this chapter shall be applied to the extent that the permit is for more units (or more square feet) than previously existed.

E.

The fees imposed by this chapter shall not be applicable to local, state, or federal governmental facilities, unless a direct nexus is established between the city and governmental agency that the use will have a direct impact on city facilities and/or services.

(Ord. No. 494, § 3, 7-9-2024)

Existing fee not affected by the adoption of impact and system development fees. The fees will be paid prior to issuance of any building permit.

(Ord. No. 494, § 3, 7-9-2024)

All of the public facility development impact fee development charges collected shall be placed in one (1) or more special funds which are hereby created and established for such purposes, and which shall be known as the public facility development impact and systems development funds. Sums collected under this chapter shall be expended for facilities and services for which the fee associated with "impact or systems development" as defined in section 14.01.030(f), provided that such expenditure from the funds has been authorized by the city council.

(Ord. No. 494, § 3, 7-9-2024)

Chapter 14.02 - BENEFIT ASSESSMENT DISTRICTS—PROCEDURES FOR ESTABLISHING

Sections: