Belmont Municipal Code Div. 1 General Provisions and Definitions

This article may be referred to as the "impact fee ordinance," and is adopted under the authority of California Constitution Article XI, Section 7, California Government Code Sections 66000 et seq. (hereinafter "Mitigation Fee Act"), California Government Code Sections 65000 et seq. (the planning and zoning law), and in accordance with the findings set forth in the ordinances codified in this article.

(Ord. No. 2014-1081, § 1, 11-25-14)

The purpose of this article is to establish impact fees that will be imposed upon development projects for the purpose of mitigating the detrimental impacts of development projects upon the need for certain capital improvements.

(Ord. No. 2014-1081, § 1, 11-25-14)

(a) The fees imposed by the city under this article shall be used to pay, in whole or in part, the estimated reasonable cost of providing specified capital improvements, the need for which is attributable to development projects.

(b) As described in each implementing resolution, the fees shall be imposed based on specified capital improvement categories, which may include, without limitation, fees for transportation improvements, park land and facilities, police and fire facilities, affordable housing, and other capital improvements.

(c) For each separate improvement category, a separate fee shall be calculated and imposed, and each separately imposed fee shall be collected by the city and deposited in a separate and distinct "fee fund," subject to the accounting requirements of the Mitigation Fee Act.

(d) To more effectively mitigate the impact of new development and maximize the use of fee revenues, fee revenues may be used as temporary loans from one (1) fee fund to another fee fund if the director makes findings, subject to the review and approval of the city council, of the following:

(1) Based upon planned phasing of the capital improvements, and anticipated timing of fee revenues to be collected, it is in the city's best interests to allow the temporary loan.

(2) All requirements of the Mitigation Fee Act have been satisfied, including a specification of the amount loaned, the date of repayment, and the interest rate to be paid.

(Ord. No. 2014-1081, § 1, 11-25-14)

(a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project, a technical report shall be prepared for each capital improvement category, subject to city council approval by implementing resolution.

(b) Each technical report shall:

(1) Identify the purpose of the fee by identifying the estimated types and quantities of development projects subject to the fee and their impact on the specified capital improvements.

(2) Identify the use of the fee by specifying the category of capital improvements to be funded by the fee.

(3) Determine how there is a reasonable relationship between the city's use of the fee and the types of development projects on which the fee is to be imposed.

(4) Determine how there is a reasonable relationship between the need for the capital improvements and the types of development projects on which the fee is to be imposed.

(5) Determine how there is a reasonable relationship between the amount of the fee and the cost of the specified capital improvement attributable to the development projects on which the fee is to be imposed. This shall include two (2) elements:

a. A quantification of the estimated reasonable cost of providing the specified capital improvements, which may include the estimated costs of land acquisition, design, construction, construction administration, general administration (including establishment and enforcement) of the fee program, and contingencies; and

b. An identification of the method by which the city quantifies the proportionate responsibility of each development project for the cost of the specified capital improvements, which may be satisfied by establishing a formula which reasonably quantifies the proportionate responsibility of various types of development projects using standardized units of measurement.

(Ord. No. 2014-1081, § 1, 11-25-14)

For the purposes of this article III, these terms shall have the following definitions:

Change of use means any proposed use of an existing structure (or a previously existing structure) on a parcel which: (a) requires a building permit or other permit or city approval (such as a conditional use permit), and (b) the proposed use is included in a different property use category (as defined in implementing resolutions) than the last legal use of the existing structure.

Development project means any project undertaken for the purpose of development and shall specifically include a project involving the issuance of a building permit for construction or reconstruction, or any other permit or city approval required for construction or reconstruction or a change of use. "Development project" shall specifically include any change of use.

Director means the city's in finance director or person designated by the city manager to act as the director for purposes of this article.

Fee means a development impact fee imposed by the city in accordance with this article. "Fee" does not include fees charged in lieu of park land dedication under Government Code Section 66477, which are imposed under Belmont City Code Chapter 17, Article IV.

Inflation index means a recognized standard index (such as the Consumer Price Index), as determined in an implementing resolution to be a reasonable method of calculating the impact of inflation upon cost estimates set forth in implementing resolutions.

Permit means the city building permit required for a development project, or, if the development project consists of a change of use for which no building permit is required, any other permit or city approval required for the change of use.

(Ord. No. 2014-1081, § 1, 11-25-14)