Atwater Municipal Code Ch. 3.50 Public Facilities Improvement Fee

In order to implement the goals and objectives of the Capital Improvement Budget of the City of Atwater's Five Year Capital Improvement Program and to mitigate the growth as impacts caused by new development in the City of Atwater, certain public facilities must be improved or expanded. The City Council has determined that various development impact fees are needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these sections, the City Council has found the fee to be consistent with it's General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan.

(Ord. CS 661, 1990)

A public facilities impact fee is hereby established on issuance of all "building permits" for residential development in the City of Atwater to pay for various public improvements. The City Council shall in a Council resolution set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be finance, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and new residential development and set forth time for payment. As described in the fee resolution, this development fee shall be paid by each developer prior to issuance of a "building permit". On an annual basis the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Ord. CS 661, 1990)

The revenues raised by payment of the fee shall be placed in separate and special accounts and such revenues, along with any interest earnings on that account, shall be used solely to:

A. Pay for the City's future construction of facilities described in the resolution enacted pursuant to Section 3.50.020 above, or

B. Reimburse the City of those described or listed facilities constructed by the City with funds advanced by the City from other sources, or

C. Reimburse developers who have been required or permitted by Section 3.50.040 to install such listed facilities which are oversized with supplemental size, length, or capacity.

(Ord. CS 661, 1990)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 3.50.020, which facility is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this ordinance on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. CS 661, 1990)

A developer of any project subject to the fee described in Section 3.50.020 may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable of relationship or nexus between the growth impacts of that development and the amount of the fee charged or the type of facilities to be financed. the application shall be made in writing and filed with the City Clerk not later than:

A. Ten days prior to the public hearing on the development permit application for the project, or

B. If no development permit is required, at the time of the filing of the request of a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. CS 661, 1990)