Beaumont Municipal Code Ch. 3.26 San Timoteo Sewer Facility Fee

The City Council finds that the cumulative impact of all new development permitted under the General Plan will result in unacceptable decreases in sewer facility service levels. To prevent these undesirable consequences, sewer facilities must be provided at a rate which will accommodate the expected growth in the City. The City Council acknowledges that the demand for sewer facilities varies by types of development. The proposed facility fee apportions the cost of the necessary improvements among the different types of new development according to the reasonably estimated demand that each type of development places upon sewer facilities.

(Ord. 849, § 1, 10-21-03)

For the purposes of this Chapter, the following terms shall have the meanings indicated in this section:

"Fee schedule" means the list of facility fees adopted by resolution of the City Council pursuant to Section 3.26.040 of this Chapter.

"Developer" means an individual or entity submitting an application for a building permit or other entitlement for development.

"Development" means:

1. New residential unit, including conversion of an existing unit to more than one residential unit.

2. New commercial, office, and industrial development.

3. Additions greater than 750 gross square feet to existing commercial, office and industrial developments.

"San Timoteo Sewer Facility Fee Area" is that area described within the San Timoteo Sewer Facility Fee Study (Fee Study) dated October 7, 2003.

"San Timoteo Sewer Facility Fee (facility fee)" is that fee for sewer facilities to be imposed on new development within the San Timoteo Sewer Facility Fee Area pursuant to this Chapter.

"Service area" means the area which benefits from the sewer facilities.

"Sewer facilities" means those certain sewer facilities identified in the fee study which are necessary to protect the public health, safety and welfare as may be determined by the City Council from time to time which are not otherwise provided by, or required of development within the City pursuant to the General Plan, the Master Sewer Plan and the Beaumont Municipal Code. Sewer Facilities shall also include architectural, administrative, engineering, legal, planning, environmental, plan check, inspection, surveying, construction management and other services required in connection with the implementation of this Chapter and the construction of the foregoing improvements as part of the City of Beaumont Comprehensive Public Facilities Financing Program.

(Ord. 849, § 1, 10-21-03)

There is hereby adopted the San Timoteo Sewer Facility Fee and the various service area components thereof to be levied and collected as provided in this Chapter.

(Ord. 849, § 1, 10-21-03)

Except as otherwise expressly provided in this Chapter, the facility fee required under this Chapter is payable with respect to each development within the City for which a building permit is issued on or after the effective date as adopted in the fee schedule.

(Ord. 849, § 1, 10-21-03)

A. The amount of the facility fee shall be calculated by the Building Department prior to issuance of the building permit, based upon the then current Fee Schedule adopted by resolution of the City Council pursuant to this Chapter.

B. In the event a developer does not agree with the calculation of the facility fee by the Building Department, he or she may within five business days of the date of the calculation of the fee appeal the calculation of the fee to the Planning Director.

C. The developer shall be notified in writing of the Planning Director's determination. Such determination shall be made within 30 days of the Planning Director's receipt of the appeal. The developer may provide additional information to assist the Planning Director in making the determination. The developer may appeal the determination of the Planning Director to the City Council in accordance with the provisions of Section 3.26.110 of this Chapter.

D. The amount of the facility fee shall be subject to adjustment from time to time by the City Council.

(Ord. 849, § 1, 10-21-03)

A. The full amount of the facility fee shall be paid at the time of issuance of the building permit.

B. No City official may issue a building permit, certificate of occupancy, or certify a final inspection for a development until the facility fee with respect to such development required by this Chapter is paid in accordance with this section.

C. The City shall not accept prepayments of the facility fee, unless prepayment is authorized in a development or other agreement or otherwise is approved by the City Council.

(Ord. 849, § 1, 10-21-03)

If the developer desires to construct a public facility, the developer and the City Council may enter into an agreement regarding a credit or reimbursement of facility fees due or paid.

(Ord. 849, § 1, 10-21-03)

Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the facility fee otherwise required by this Chapter:

A. Residential development consisting of the repair or replacement, on a one-to-one basis.

B. Commercial or industrial development consisting of the repair or replacement of structures, provided, that such repair or replacement does not result in any conversion or change in land use, or any enlargement of gross floor area beyond that of the previous structure more than 750 square feet. In the event a commercial or industrial use expands more than 750 square feet, the facility fee shall be calculated based on the percentage of square feet of expanded floor area of the total multiplied by the total development acreage in accordance with the fee schedule.

(Ord. 849, § 1, 10-21-03)

The fees collected pursuant to this Chapter shall, except for temporary investments or capital expenditures, shall be placed in the San Timoteo Sewer Facility Fee Fund and managed to avoid commingling of the fees with operating revenues or other funds of the City, and shall be used solely for the purpose of designing, acquiring and constructing the sewer facilities identified in the Fee Study or other facility adopted as equal in the Capital Improvement Plan. Any interest income earned on the fund shall only be expended for the purposes set forth in this Chapter.

(Ord. 849, § 1, 10-21-03)

Refunds may be made where:

A. Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a development for which the Facility Fee required under this Chapter has been collected; provided that the claim for such a refund is filed no later than 60 days after the expiration date of the building permit, or any extension thereof as may have been approved by the City, as the case may be; or

B. A refund is specifically authorized by resolution of the City Council adopted pursuant to Government Code section 66001(d). Such amounts shall be refunded by the City to the then-current record owners of the development on a prorated basis. The City may affect such refunding by direct payment, or by providing credit towards future facility fees, or by any other means consistent with the intent of Government Code section 66001.

(Ord. 849, § 1, 10-21-03)

A developer may appeal to the City Council any determination made pursuant to this Chapter. All appeals shall be in a form prescribed by the Planning Director and shall be filed within 15 days of the date of determination. Any appeal not filed within such period shall be deemed waived. The City Council shall set the matter for hearing within 45 days of the date of receipt by the City Clerk of the notice of the appeal.

(Ord. 849, § 1, 10-21-03)

The San Timoteo Sewer Facility Fee shall expire when the sewer facilities are completed and all debt service related to such public improvements are paid and satisfied.

(Ord. 849, § 1, 10-21-03)

It is the intent of the City Council that the San Timoteo Sewer Facility Fee shall be supplementary to the fees, dedications and conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other state laws and City ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon.

(Ord. 849, § 1, 10-21-03)

The provisions of this Chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the City to impose the fee provided in this Chapter. If any sentence, clause, section or part of this Chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this Chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this Chapter, or its effect on other persons or entities. It is declared to be the intention of the City Council that this Chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part of this Chapter had not been included herein; or had such person or entity been expressly exempted from the application of this Chapter. To this end, the provisions of this Chapter are severable.

(Ord. 849, § 1, 10-21-03)