Chowchilla Municipal Code Ch. 17.76 Development Impact Fees

A. The council creates and establishes a separate development impact fee for the city which shall be used to mitigate unfavorable impacts attributed to new development for public facilities in each of the following categories: fire facilities, equipment and training; general facilities and equipment necessary for the administration of the city which are not listed in any one of the other categories of essential infrastructure; law enforcement facilities, equipment and training; public works facilities and equipment; recreation facilities; sewage collection facilities; sewage treatment facilities; streets and thoroughfares; storm drainage facilities; traffic control facilities; water distribution facilities; or water supply well facilities. The council has already established and affirms its development facility fees for each of the following:

1. Water production facilities and water delivery facilities, which are more fully set forth in Section 13.04.065 of this code;

2. Sewage treatment facilities and sewage collection facilities, which are more fully set forth in Section 13.12.050 of this code;

3. Recreation and park facilities, which is more fully set forth in Section 17.40.010 of this code;

4. Storm drainage facilities, which is more fully set forth in Section 17.40.020 of this code.

For convenience, all the development fees so established or affirmed shall be referred to in this chapter in the singular, as "the fee." Specifically, the fee shall be used by the city to pay a portion of the costs of designated public facilities and, insofar as is legally permissible, for operations and cost increases due to development. The fee shall be based on a method designed to ensure that developers pay their fair share of the cost of such public facilities required to serve the city's growing population.

B. Such public facilities are currently identified in the most recent capital improvement program, master plans, development impact fee studies, and/or any other document adopted by the city specifying public facilities to be constructed , (all of which are referred to collectively hereinafter as the CIP studies) prepared for the city by the director, the city engineer and the city attorney's offices. The CIP facilities may be added to or deleted from the plan, but the council directs that the fee shall be used only for public facilities in any one of the categories of "essential infrastructure," (as that term is defined in this chapter) for which that fee was collected.

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

For purposes of this chapter, the following words shall have the meanings indicated in this section:

"Build out of the city" means the probable addition to the city's population and location of that population in accordance with the general plan.

"Costs of public facilities" means any costs related to the acquisition, construction and/or financing of public facilities and/or equipment funded through the city's CIP and/or the subject of the CIP studies, including but not limited to the costs associated with the preparation of those studies, this chapter and the rate resolution necessary to implement this chapter, and, to the extent permitted by law, for the increased costs of police department operations and/or fire department operations resulting from the impact of new development of these services.

"Essential infrastructure" means each of the following, including any related facilities:

1. Fire facilities, equipment and training;

2. General facilities and equipment necessary for the administration of the city which are not listed in any one of the other categories of essential infrastructure;

3. Law enforcement facilities, equipment and training;

4. Public works facilities and equipment;

5. Recreation facilities (which does not include park lands subject to the Quimby Act, which are more fully set forth in Section 17.40.010 of this code);

6. Sewage collection facilities;

7. Sewage treatment facilities, which are more fully set forth in Section 13.12.050, of this code;

8. Streets and thoroughfares;

9. Storm drainage facilities, which is more fully set forth in Section 17.40.020 of this code;

10. Traffic control facilities;

11. Water distribution facilities; and

12. Water supply well facilities, which are more fully set forth in Section 13.04.065 of this code.

"Fire facilities, equipment and training" means any capital improvements or capital equipment related to the city fire department, along with the cost of recruiting, training and equipping such additional fire department personnel as will be required, based on the CIP studies, or any of them, to provide fire protection services to the new development which is projected to come into the city between the effective date of the ordinance codified in this chapter and build out of the city.

"General facilities and equipment" means the additional space at city hall, the city corporation yard, city offices located elsewhere, city parking areas, and similar facilities, along with necessary equipment in or through which the city conducts general city operations, necessary in order to accommodate the growth in city government which will be necessary in order to maintain the present level of government services and still accommodate the anticipated new development in the city until build out of the city.

"Law enforcement facilities, equipment and training" means any capital improvements or capital equipment related to the city police department, along with the cost of recruiting, training and equipping such additional police department personnel as will be required, based on the CIP studies, or any of them, to provide police protection services to the new development which is projected to come into the city between the effective date of the ordinance codified in this chapter and build out of the city.

"New development" means any residential, commercial, or industrial development which occurs in the city after the effective date of said ordinance and/or any amendment to this chapter, including but not limited development on any so-called in-fill lots created prior to January 1, 1985 to the extent the resolution implementing this chapter determines that such fees are applicable to in-fill lots.

"Public works facilities and equipment" means any capital improvement or capital equipment related to the work of the city's department of public works which is not included in either sewage collection facilities, sewage treatment facilities, streets and thoroughfares, storm drainage facilities, traffic control facilities, water distribution facilities or water supply well facilities, which will be required either to improve and/or expand existing facilities or to construct new facilities, based on the CIP studies, or any of them, to provide public works services to the new development which is projected to come into the city between the effective date of said ordinance and build out of the city at a level which is comparable to the level currently provided to the existing residents of the city.

"Recreation facilities" means any capital improvement or capital equipment related to the city park and recreational facilities, which will be required either to improve and/or expand existing facilities or to construct new facilities, based on the CIP studies, or any of them, to provide park and recreational services to the new development which is projected to come into the city between the effective date of the ordinance codified in this chapter and build out of the city at a level which is comparable to the level currently provided to the existing residents of the city. This fee does not include the actual acquisition of the land for new parks or the expansion of existing parks, since that is in fact subject to the Quimby Act and Section 17.40.010 of this code and may require new development to provide land (or a fee in lieu of land) at a level of service which is higher than is currently provided by the city.

"Related facilities" means any major landscaping, fountains, monuments, signs or similar facilities, activities and operations of a general benefit to the city which will be necessary to construct adequate facilities to meet the needs of new development within the city, as described in the CIP studies, or any of them.

"Sewage collection facilities" means all of the sewage facilities, including sewer mains, sewer laterals, pumps, pump stations and related facilities which are necessary for the purpose of collecting domestic sewage and transporting it to the appropriate sewage treatment plant as will be required, based on the CIP studies, or any of them, to provide sewage collection services to the new development which is projected to come into the city between the effective date of the ordinance codified in this chapter and build out of the city. This sum does not include any such facilities which the developer is required to provide himself but is calculated using data based upon the capacity of shared facilities.

"Sewage treatment facilities" means all of the sewage treatment facilities, including sewage treatment plants, basins for de-watering treated or partially treated sewage, sludge drying beds, sludge storage and transportation facilities, any farm land acquired by the city for the purpose of disposing of water which is the byproduct of the treatment of sewage, and related facilities which are necessary for the purpose of treating domestic sewage as will be required by the city, based on the CIP studies, or any of them, to provide sewage treatment services to the new development which is projected to come into the city between the effective date of said ordinance and build out of the city. The provisions of Section 13.12.050 of this code set forth the method by which the amount of this fee is calculated.

"Streets and thoroughfares" means the cost of widening, construction of additional lanes of travel as well as other work which will be required due to new development generating additional motor vehicle trips on the city's existing network or arterial, collector and local streets, as is defined in detail in the CIP studies. These costs include but are not limited to the costs of the acquisition of additional right of way, the cost of clearing, grading and paving as well as the costs of necessary traffic studies to determine the timing of the construction of these facilities so that the city's traffic congestion level remains at no worse than at the time of the adoption of the ordinance codified in this chapter.

"Storm drainage facilities" means all of the stormwater collection, retention and disposal facilities, including stormwater mains, ditches, canals, pumps, pump stations, retention basin, detention basins and related facilities which are necessary for the purpose of collecting stormwater run-off and transporting it to the appropriate stormwater basin as will be required, based on the CIP studies, or any of them, to provide sewage collection services to the new development which is projected to come into the city between the effective date of said ordinance and build out of the city. This sum does not include any such facilities which the developer is required to provide himself but is calculated using data based upon the capacity of shared facilities. The provisions of Section 17.40.020 of this code set forth the method by which the amount of this fee is calculated.

"Traffic control facilities" means the cost of acquiring, installing, wiring and regulating traffic signals, traffic signs and any other traffic control devices which will be required to regulate the flow of motor vehicle traffic due to new development generating additional motor vehicle trips on the city's existing network of arterial, collector and local streets, as is defined in detail in the CIP studies.

"Water distribution facilities" means all of the domestic water facilities, including water mains, water laterals, pumps and pump stations and related facilities which are necessary for the purpose of transporting domestic water from the water well to any water storage facility, if necessary, and then transporting and delivering domestic water to the ultimate user of that water as will be required, based on the CIP studies, or any of them, to provide water delivery services to the new development which is projected to come into the city between the effective date of the ordinance codified in this chapter and build out of the city. This sum does not include any such facilities which the developer is required to provide himself but is calculated using data based upon the capacity of shared facilities. The provisions of Section 13.04.065(B) of this code set forth the method by which the amount of this fee is calculated.

"Water supply well facilities" means all of the domestic water production facilities, including water wells, water well pumps and pump stations and related facilities which are necessary for the purpose of bringing domestic water to the surface from the water well, any water storage facility required, and related facilities for the production of domestic water as will be required, based on the CIP studies, or any of them, to provide water delivery services to the new development which is projected to come into the city between the effective date of the ordinance codified in this chapter and build out of the city. This sum does not include any such facilities which the developer is required to provide himself but is calculated using data based upon the capacity of shared facilities. The provisions of Section 13.04.005(C) of this code set forth the method by which the amount of this fee is calculated.

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

For all the essential infrastructure the council is committed to maintaining the same level of public facilities and services and the same facilities-to-population relationship which existed on the date of the most recent amendment of this chapter in order to ensure that, to the extent that growth of the city occurs in the future, there will be an adequate level of public facilities and services. For park land, the council determines, pursuant to Section 66477 of the Government Code, to require new development to either dedicate land or pay fees in lieu thereof based on a minimum ratio of at least three acres of land per one thousand new residents of the city, even though that ratio exceeds the actual ratio in existence at the time of the adoption of the ordinance establishing this new standard. The council finds that a reasonable relationship exists between the need for additional public facilities, equipment and operations which the fee is designed to pay, and the type of development project for which the fee is imposed for the following reasons:

A. The council has determined that commercial and industrial developments result in a need for additional public services which, in turn, ultimately result in a need for additional government and public facilities for essential infrastructure and related facilities. Based on the level of public services and public facilities-to-population relationship which existed on the date of the adoption and amendment of this chapter, and the extent to which commercial and industrial developments contribute to growth, the council determines that commercial and industrial development should be assessed at rates to be established by resolution of the council as the fair share of contribution for the costs of these required facilities and services.

B. The council has determined that residential development, including new mobilehome park development, results in significant increases in city population and that such residential development adversely affects the public facilities-to-population relationship which existed on the date of the adoption and amendment of this chapter. The council has further determined that because residential development results in significant increases in population, such development results in the need for essential infrastructure and related facilities (including but not limited to parks and recreation facilities) based on the public facilities-to-population relationship which existed on said date, residential development shall be assessed at the rate established by resolution of the council for the costs for these required public facilities and services.

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

The fee set forth herein shall be adjusted from time to time but not less than annually, subject to council review and approval, after a noticed public hearing, to reflect changes in costs as determined by the city administrator and department head level staff.

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

The council finds that there is a reasonable relationship between the amount of the fee set by resolution of the council and the cost of the public facilities or portions thereof attributable to the development on which the fee is imposed. The basis for such determination is set out in reports to the council from the city administrator, the director and the city engineer and such consultants as the council determines are necessary, if any, to develop accurate costs and fees to cover such costs.

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

The council finds that there is a reasonable relationship between the use of the fee for specified categories of public facilities and the type of development project for which the fee is imposed for the following reasons:

A. The council finds that the use of fees generated from commercial and industrial development for parks and recreation facilities is not reasonable because the council determines that there is no substantial demand placed on such facilities as a result of commercial and industrial development. The council finds further that the use of fees generated from commercial and industrial development for stormwater facilities is reasonable in instances where regional collection systems and drainage basins are planned. However, the use of fees generated from commercial and industrial development for stormwater facilities is not reasonable where no regional collection systems and basins are planned, and the city has required such commercial and industrial development to provide for its own on-site disposal of site generated stormwater thereby substantially diverting its demand on the city's stormwater facilities as a result of such commercial and industrial development. Because commercial and industrial developments do increase demand on all other essential infrastructure and related facilities, the council finds that the use of fees generated from commercial and industrial development for such facilities is reasonable and is supported by the city engineer's applicable stormwater calculations and estimates based on site use.

B. The council finds that the use of fees generated from residential development for all essential infrastructure and related facilities, including but not limited to parks and recreations facilities and stormwater fees, is reasonable because growth in residential population places demand on all such facilities as outlined and provided under the general plan and its associated environmental documents.

C. The council further finds that funding of the costs of essential infrastructure, including capital equipment set forth in the current CIP studies of the city engineer on file with the public works department and/or the office of the city engineer accomplishes the goals and purposes set forth in subsections A and B of this section and that the use of revenues generated by the specified development impact fees for projects and outlays set forth in the CIP studies is warranted and justified.

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

Any owner or developer applying for a building permit for commercial or industrial development shall be assessed and shall pay the fee in conjunction with payment for the building permit subject to the provisions of Government Code Section 66007. Any owner or developer of a residential development shall pay the fee on the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. In the case of subdivision, the fees shall be paid on a lump sum basis, as follows:

A. When the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first, that portion of the fee shall be paid which represents payment for each of the following: fire facilities, equipment and training; general facilities and equipment; law enforcement facilities, equipment and training; public works facilities and equipment.

B. As a condition of filing the final subdivision map, that portion of the fee shall be paid which represents payment for each of the following: recreation facilities; sewage collection facilities; sewage treatment facilities; streets and thoroughfares; storm drainage facilities; traffic control facilities; water distribution facilities; or water supply well facilities.

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

Any owner or developer engaging in development activities which satisfy the following criteria shall not be required to pay the fee:

A. An alteration which does not increase the floor area of a structure; or

B. An addition to a single-family residential dwelling unit which does not constitute the addition of a dwelling unit as defined by the Uniform Building Code;

C. Construction of a single-family dwelling on a legal lot that was created prior to January 1, 1985 (in-fill development).

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

Any owner or developer engaging in development activities which satisfy the following criteria shall not be required to pay the fee:

Any owner or developer engaging in the development activities for multiple units constructed on legal in-fill lots created prior to January 1, 1985 shall pay the following facility and development fees based on the following number of units:

A. The construction of a duplex unit shall pay facility and development fees for one unit.

B. The construction of a triplex unit shall pay facility and development fees for two units.

C. The construction of a quadplex unit shall pay facility and development fees for three units.

D. All multiple developments in excess of four units constructed on legal in-fill lots created prior to January 1, 1985 shall receive a credit for one unit only.

E. All development shall be required to pay the water/sewer connection for all units constructed, as well as, all plan check and permit fees, building inspection and other incidental fees as required by the city.

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

A. Pursuant to Government Code Section 66006, the council directs that each of the fees collected hereunder shall be maintained in a fund separate from the city's general fund and separate from each other in the following special accounts:

1. Fire facilities, equipment and training;

2. General facilities and equipment necessary for the administration of the city;

3. Law enforcement facilities, equipment and training;

4. Public works facilities and equipment;

5. Recreation facilities;

6. Sewage collection facilities;

7. Sewage treatment facilities;

8. Streets and thoroughfares;

9. Storm drainage facilities;

10. Traffic control facilities;

11. Water distribution facilities; and

12. Water supply well facilities.

B. The city shall use the funds so deposited into these special accounts (along with interest earnings thereon) for the costs of public facilities as specified herein and only for the category of improvements for which the funds were deposited in that particular account.

C. If a fee paid by an owner or developer for a particular development has been retained by the city for five or more years, and city has not committed that fee to costs for public facilities, then the council shall make findings describing the continuing need to retain the fee each fiscal year thereafter. The council does not make such findings, then the city shall refund the collected fees as appropriate, along with the interest, if any, which those funds have generated since they were collected.

(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 industrial, commercial and residential development projects and new development entitlements.

B. For each of the 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 account;

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

3. The amount of expenditure by line item category from that account during the fiscal year;

4. The amount of refunds made pursuant to Section 66001(e) of the Government Code out of that 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 of the council, 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 which adopted 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.

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