Chowchilla Municipal Code Ch. 17.68 Development Fees for the Realignment of Chowchilla Boulevard And…

The fees established by this chapter shall apply to an applicant for approval of a site plan or a tentative subdivision map or a building permit for any development project which is constructed on the benefitted properties. The council has determined that certain properties which are within the city limits are benefitted by the improvements described in this chapter, and when those properties develop, the owners of those benefitted properties would normally be required to construct the improvements described herein. These benefitted properties, on the effective date of the ordinance codified in this chapter bear the following assessor's parcel numbers: 02-060-03(W), 02-060-03(E), 02-060-04(W), 02-060-04(E), 02-060-05 and 02-120-01. It is recognized that the last property mentioned parcel is benefitted only as to the storm drainage improvements and should share in only the cost of the storm drainage improvements. The fees established by this chapter shall apply to any approval of any development project on the benefitted properties, whether or not the owners at the time of the application for a building permit are the current owners of the property.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The purpose of the fees set forth in this chapter is to reimburse the city for the costs of constructing certain public improvements, including but not limited to streets (including but not necessarily limited to street paving, sidewalks, and street lights), sewer mains, water mains, storm water drainage and other related improvements, in the realignment of the southern intersection of Chowchilla Boulevard and Robertson Boulevard. A fair and just cost distribution between the benefitted properties for each of these improvements would be to base the distribution upon net acreage of each of the properties.

B. Such fees shall be used to reimburse the city's enterprise funds' capital accounts for the cost incurred by the city in constructing the public improvements and shall be used by the city in conformity with the limitations placed upon those accounts.

C. There is a reasonable relationship between the purpose of these fees and the benefitted properties because the benefitted properties will benefit from the public improvements and the development of the benefitted properties would necessitate the construction of these public improvements at that time.

D. The size of the fees shall be determined by the council by resolution. No such fee shall be set unless it is determined by the council to bear a reasonable relationship to the cost of the public facilities attributable to the development on which the fee is imposed. Each such resolution which sets the amount of the fees shall identify the public improvement for which the fee is charged and the method of determining the amount of the fee.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

No site plan shall by approved for any of the benefitted properties, no tentative subdivision map shall be approved for any of the benefitted properties and no building permit shall be issued for any construction on any of the benefitted properties without the payment of all sums required by this chapter. Each of the benefitted properties shall be assessed for a proportional share of the costs to the city of constructing the public improvements. The proportion shall be determined by the council by resolution but shall be based on the level of benefit which the council determines is applicable to that parcel of benefitted property compared to the level of benefit received by the other benefitted properties. The council may determine that each of the parcels are benefitted equally from the public improvements, in which case the fraction shall be one divided by the total number of properties which are determined to be benefitted properties.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The fees set forth herein shall be adjusted from time to time, but at least annually, after a public hearing, subject to council review and approval, to reflect changes in the project costs of construction. Once determined, the actual cost of construction of these improvements, adjusted for inflation, shall be used.

B. The formula for the determination of the amount of these fees for each parcel, based upon net acreage, would be to apply the percentage set forth in the following tables to the cost of the improvements identified:

1. For sewer, water and street improvements, this calculation would lead to a distribution of costs as follows (the benefitted properties are identified by assessor's parcel numbers, (APNs)):

2. For storm drainage improvements this calculation would lead to a distribution of costs as follows:

C. Once the actual cost of construction has been determined, the annual adjustment thereafter shall be based on both the increase in the actual cost of construction but also upon the interest which these funds would have earned had they been held in the city's enterprise funds instead of used to fund the cost of this construction project.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. Pursuant to Government Code Section 66006, there is established a separate reserve account, within the street and roads fund, and a separate reserve account within the water enterprise fund and a separate reserve account within the sewer enterprise fund. Any fee paid pursuant to the provisions of this chapter shall be placed into the respective reserve accounts established for such fees and used solely for the purpose of implementation of the applicable public purpose for which the reserve account was established. All moneys in the reserve accounts established by this chapter shall be held separate and apart from other city funds. All interest or other earnings of each such reserve account shall be credited to that account.

B. All moneys and interest in the reserve accounts established by this chapter shall be expended on the implementation of the applicable public purpose for which the fee was established:

1. The reimbursement for all direct and indirect costs incurred by the city for such implementation pursuant to this chapter, including but not limited to, the costs of land acquisition, planning, legal advice, engineering, design, construction and equipment, as well as the actual cost of construction.

2. The reimbursement for all costs incurred by the city and associated with the administration of each account.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. Each year, during the budget review process, the council shall review the status of compliance with this chapter, and the degree to which fees collected pursuant to this chapter are mitigating the impacts of new commercial and residential development projects and new development entitlement.

B. For each of the reserve accounts established by this chapter, the city shall, within sixty days after the close of each fiscal year, make available to the public all the following information:

1. The beginning and ending balance for the fiscal year in that reserve account;

2. The fee, interest, and other income to that reserve account for the fiscal year;

3. The amount of expenditure by public facility from that reserve account during the fiscal year;

4. The amount of refunds made pursuant to Section 6601(e) of the Government Code out of that reserve account during the fiscal year.

C. The council shall review the information described in subsection B of this section, at the next regularly scheduled public meeting not less than fifteen days after the information required by that subsection is made available to the public.

D. Five years after the effective date of the ordinance codified in this chapter, the council shall consider a report by the city administrator reviewing the fee formulae established to implement the provisions of this chapter, and their bases to determine whether any adjustments in the fee formulae are warranted.

E. Once all the benefitted properties have developed and paid the fees associated with them have been paid, the council shall determine whether there is any further need for this chapter. If there is none, the council may rescind the ordinance codified in this chapter and provide a final accounting of the reserve accounts created pursuant to the ordinance codified in this chapter.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Any provision of previously adopted ordinances or resolutions of the city inconsistent with the provisions of this chapter, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this chapter.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Any building permit issued by the city to a benefitted property, shall be valid for an established period of time which can be ascertained by inquiring at the city clerk's office, unless either the connections to the city's utility systems are actually made during that time period or the approval is renewed by the council. Any such renewal request may subject the applicant to the fees or other exactions which the council requires at the time of the application for a renewal of the approval. If an approval or a renewal expires due to the passage of time and the original applicant does not choose to apply to renew the approval, then, upon request for a refund, the applicant's capacity fees shall be refunded to the applicant, in which case, upon the application for a building permit for that same benefitted property in the future, the development fees applicable at that time shall be paid by the applicant.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Any person subject to a fee required by this chapter may apply to the council for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person's development project and the amount of the fee charged or the type of facilities to be provided.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)