Beaumont Municipal Code Ch. 3.36 Emergency Preparedness Facilities Fees

City Council finds that the cumulative impact of all new development under the General Plan will result in population growth that will overwhelm the City's ability to temporarily care for and shelter victims of disasters and other emergencies. To prevent these undesirable consequences, Emergency Preparedness Centers must be provided at a rate which will accommodate the expected growth in the City. The City Council acknowledges that the demand for such Centers is shared by new development as well as by existing development. The proposed facilities fee apportions the cost of the necessary public improvements among the different categories of new and existing users according to the reasonably estimated demand that each group of users places upon such facilities.

(Ord. No. 814, § 2, 9-18-01)

For the purposes of this Chapter, the following terms shall have the means indicated in this Section:

"Emergency Preparedness Centers" means those improvements necessary to provide those facilities identified in the City of Beaumont General Plan, the City's Multi-hazard Functional Plan and the Emergency Preparedness Facilities Fee Study dated January 26, 2001, and other improvements in connection therewith, 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 BMC Title 17 (Zoning), Title 16 (Subdivisions), and Title 15 (Building and Construction). Emergency Preparedness Centers shall also include architectural, administrative, engineering, legal, planning, environmental and other services required in connection with the implementation of this Chapter and the construction of the foregoing improvements.

"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 existing unit to >1 unit.

2. New commercial, office, and industrial development.

3. Additions to existing commercial, office and industrial development greater than 200 gross square feet.

"Future growth" means the total amount of potential new development in the City permitted under the General Plan. Future growth is expressed in terms of gross square footage for industrial and commercial development, and in terms of the number of dwelling units for residential development.

(Ord. No. 814, § 2, 9-18-01)

Except as otherwise expressly provided in this Chapter, the facilities fee required under this Chapter is payable with respect to each development within the City for which a building permit or other entitlement for development is issued on or after the effective date of the fee as adopted in the Master Fee Schedule.

(Ord. No. 814, § 2, 9-18-01)

A. The amount of the fee shall be determined by the Building Department prior to issuance of the building permit, based upon the Master Fee Schedule.

B. In the event a developer is not satisfied with the calculation of the fee by the Building Department, s/he may request that the type of land use and the amount of the facilities fee required of the development be determined by the Planning Director.

C. The developer shall be notified in writing of the Planning Director's determination about the type of land use and the public facilities fee applicable to the development. Such determination shall be made within 30 days of the Planning Director's receipt of the report and any other additional materials reasonably requested to assist 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 3.36.100 of this Chapter.

D. The amount of the fee shall be subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index for the Los Angeles Area.

E. The amount of the fee shall be reviewed at least every four years.

(Ord. No. 814, § 2, 9-18-01)

A. The full amount of the 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, as the case may be, for a development until the facilities fee with respect to such development required by this Chapter is paid in accordance with this Section.

C. The City shall not accept prepayment of the facilities fee, unless prepayment is authorized in a development or other agreement.

(Ord. No. 814, § 2, 9-18-01)

If the developer desires to construct an Emergency Preparedness Center, the developer and the City may enter into an agreement regarding the credit against facilities fees due.

(Ord. No. 814, § 2, 9-18-01)

Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the facilities 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.

(Ord. No. 814, § 2, 9-18-01)

The fees paid pursuant to this Chapter shall, except for temporary investments, be placed in a separate fund in a manner to avoid commingling of the fees with other revenues or funds of the City, and shall be used solely for the purpose of acquiring and constructing the facilities identified by the City Council in the Master Plan or facilities included in the City's capital improvement plan. Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purposes set forth in this Section.

(Ord. No. 814, § 2, 9-18-01)

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 fee required under this Chapter has been collected; provided that the claim for such refund is filed no later than six months 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 6600I(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 facilities fees, or by any other means consistent with the intent of Government Code Section 66001.

(Ord. No. 814, § 2, 9-18-01)

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 mailing to the developer any written notice of the applicable 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. No. 814, § 2, 9-18-01)

The fees required by this Chapter shall expire when the facilities are completed and all debt service related to such public improvements are paid and satisfied.

(Ord. No. 814, § 2, 9-18-01)

It is the intent of the City Council that the fees required by this Chapter shall be supplementary to the fees, dedications or 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. No. 814, § 2, 9-18-01)

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. No. 814, § 2, 9-18-01)