Calaveras County Municipal Code Ch. 15.07 Public Facilities Fees

A. In order to implement the goals and objectives of the county general plan and to mitigate impacts caused by new development within the county, public facilities fees may be necessary. The fees are needed to finance public facilities and to assure that new development pays its fair share for these improvements.

B. The board of supervisors finds and determines that:

1. New development projects cause the need for construction, expansion or improvement of public facilities within the county.

2. Funds for construction, expansion or improvement of public facilities are not available to accommodate needs caused by development projects, which can result in inadequate public facilities.

The board of supervisors finds that the public health, safety, and general welfare may be promoted by the adoption of public facilities fees for construction, expansion or improvement of public facilities to insure adequate public facilities in a period of unprecedented county population growth. The board further finds that failure to adopt fees for construction expansion or improvement of public facilities may result in inadequate facilities and conditions perilous to the health, safety and welfare of county residents.

(Ord. 2217 § 1(part), 1991).

Words used in this chapter, and in resolutions adopted pursuant to this title shall be defined as in Government Code Section 66001. In addition, the following words shall be defined as:

A. "County" means the county of Calaveras, a general law county organized and existing under the Constitution and laws of the state of California.

B. "Board of supervisors" means the board of supervisors of the county.

(Ord. 2217 § 1(part), 1991).

A. In establishing and imposing a fee as a condition of approval of a development project, the following shall be done:

1. Identify the purpose of the fee;

2. Identify the use to which the fee is to be put;

3. Determine how there is a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; and

4. Determine that there is a reasonable relationship between the need for the public facility and the impacts caused by the type of development project on which the fee is imposed.

B. The County, before establishing a capital facility fee as a condition of approval of development projects, shall determine that there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

C. Upon receipt of a fee subject to this chapter, the county shall deposit, invest, account for and expend the fees in accordance with California Government Code Sections 66001 and 66006.

(Ord. 2217 § 1(part), 1991).

A. The applicant for a development permit, including a building permit, shall pay to the county fees as required by resolution adopted pursuant to this chapter. The fee shall be determined by the fee schedule in effect on the date a vesting tentative map or vesting parcel map is approved or the date the building permit is issued.

B. When a fee is paid for a development project and the project is subsequently abandoned, the payor shall be entitled to a refund of the fee paid.

(Ord. 2217 § 1(part), 1991).

Fees paid under this chapter shall be held in separate public facility accounts to be expended for the purpose for which they were collected. The auditor/controller shall retain fee interest accrued and allocate it to the accounts for which the fee was imposed.

(Ord. 2217 § 1(part), 1991).

No fee may be applied by a local agency to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster as declared by the governor.

(Ord. 2217 § 1(part), 1991).

A. Pursuant to Title 14 Code of Regulations Sections 15061 and 15273a(4), this chapter is exempt from the California Environmental Quality Act.

(Ord. 2217 § 1(part), 1991).

The adoption of public facility fees is a legislative act and shall be enacted by resolution after a noticed public hearing before the board of supervisors or in compliance with Government Code Section 66017(b).

(Ord. 2217 § 1(part), 1991).

Should any provision of this chapter or a subsequent amendment to this chapter or resolution adopted pursuant to this chapter be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this chapter and the amendment or resolution shall remain in full force and effect.

(Ord. 2217 § 1(part), 1991).

A developer of any project subject to a fee adopted pursuant to this chapter may apply to the board of supervisors for reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either 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 clerk of the board not later than:

1. Fifteen days prior to the public hearing on the development permit application for the project; or

2. If no development permit is required, at the time of the filing of the request for a building permit.

The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The board of supervisors shall consider the application within sixty days after the filing of the fee adjustment application. The department of planning shall prepare a staff report and recommendation for board consideration. The decision of the board of supervisors 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. 2217 § 1(part), 1991).