Ceres Municipal Code Ch. 13 Public Facilities Fees

A. In order to implement the goals and objectives of the Ceres General Plan and to mitigate impacts caused by new development within the City, public facilities fees are necessary. The fees are needed to finance public facilities and to assure that new developments pay their fair share for these improvements.

B. Title 7, chapter 5, section 66000 et seq. of the California Government Code provides that public facilities fees may be enacted and imposed on development projects. The City Council finds and determines that:

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

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

C. The City Council finds that the public health, safety, peace, morals, convenience, comfort, prosperity and general welfare will be promoted by the adoption of public facilities fees for construction, expansion or improvement of public facilities.

D. Failure to enact public facilities fees will subject City residents to conditions detrimental to their health and/or safety.

(Ord. No. 2020-1058, § 4, 3-23-2020)

The public facility fees enacted pursuant to this chapter are to be administered in accordance with California Government Code section 66000 et seq. and such administrative procedures which may be adopted or revised by resolution of the City Council.

(Ord. No. 2020-1058, § 4, 3-23-2020)

This chapter is adopted under the authority of title 7, chapter 5 of the California Government Code section 66000 et seq.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Words when used in this chapter, and in resolutions adopted thereto, shall have the following meanings:

Administrative procedures. The latest revision of the City of Ceres Public Facility Fee Administrative Procedures adopted by resolution of the City Council.

City. The City of Ceres, a general law city organized and existing under the Constitution and laws of the State of California.

City Council. The City Council of the City of Ceres.

Development project. Any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

Fee. A monetary exaction, other than a tax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

Public facility. Includes public improvements, public services and community amenities.

(Ord. No. 2020-1058, § 4, 3-23-2020)

Fee payment shall be in accordance with the administrative procedures or as provided herein.

A. Prior to the issuance of any building permit, the applicant shall pay to the City the fees adopted by resolution.

B. The fee shall be determined by the fee schedule in effect on the date the building permit application is submitted and deemed complete by City staff.

C. When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, the fee payment shall not be required, unless the fee schedule has been amended during the interim, in this event the appropriate increase or decrease shall be imposed.

D. In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of development that was not included in computing the prior fee.

E. When a fee is paid for a development project and that project is subsequently reduced so that it is entitled to a lower fee, the City shall issue a partial refund of the fee.

F. When the fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the payor shall be entitled to a refund of the fee paid, less the administrative portion of the fee.

G. If a building permit is required to allow a building to be modified to a use having higher public facility fees in accordance with this chapter, the fee to be charged shall be the difference between the existing fee and the higher fee. If there is an addition to the building, the full rate for the use shall be used for the additional square footage.

(Ord. No. 2020-1058, § 4, 3-23-2020)

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 City shall retain fee interest accrued and allocate it to the accounts for which the original fee was imposed.

(Ord. No. 2020-1058, § 4, 3-23-2020)

No fee shall be applied by the City to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster and/or fire.

(Ord. No. 2020-1058, § 4, 3-23-2020)

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

(Ord. No. 2020-1058, § 4, 3-23-2020)

A. The City has adopted a public facility fee program which indicates the approximate location, size, time of availability and estimates of costs for public facilities or improvements to be financed with public facility fees.

B. The public facility fees schedule adopted by the City Council shall be annually reviewed by the City Council for consistency with the public facility fee program.

(Ord. No. 2020-1058, § 4, 3-23-2020)

The adoption of public facility fees is a legislative act and shall be enacted by resolution after a noticed public hearing before the City Council.

(Ord. No. 2020-1058, § 4, 3-23-2020)

A. Construction. This chapter and any subsequent amendment to the public facilities fee program shall be read together. With respect to any public facility fee enacted by resolution under this chapter, any provision of such a public facility fee which is in conflict with this chapter shall be void.

B. Severability clause. Should any provision of this chapter or a subsequent amendment to the public facilities fee program be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this chapter and the public facilities fee program shall remain in full force and effect.

C. Fee adjustment or waiver. A developer of any project subject to the fee described in this chapter may apply to the City Council for reduction or adjustment of 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 City Clerk not later than:

(1) Ten 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 City Council shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application. The Department of Public Works shall prepare a staff report and recommendation for the City Council's consideration. 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. No. 2020-1058, § 4, 3-23-2020)