Chapter 3.16 — COMMUNITY FACILITIES DEVELOPMENT FEE

State Law reference— For statutory provisions authorizing cities to levy taxes for the creation of a capital outlay fund, see Gov. Code Sec. 53731.

In order to implement the goals and objectives of the Capital Improvement Program of the City of Clayton and to mitigate the unfavorable impacts attributed to new development, certain public facilities must be or have to be constructed. The City Council has determined that the Community Facilities Development Fee is needed in order to finance these public improvements and to pay for new development's fair share of the construction costs of these improvements. In establishing the fees described in the following sections, the City Council has found the fees to be consistent with its General Plan and pursuant to Government Code § 65913.2, has considered the effects of the fees with respect to the City's housing needs as established in the Housing Element of the General Plan.

(Ord. 282, 1990)

The Community Facilities Development Fee is hereby established on issuance of all building permits (commercial or industrial development) or on the date of final inspection or on the date the Certificate of Occupancy is issued (residential development), whichever occurs first, for development in the City to pay for pubic facilities. The City Council shall, in a Council Resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated costs of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the fee resolution, this development fee shall be paid by each developer either prior to issuance of a building permit for commercial or industrial development, or on the date of final inspection or on the date the Certificate of Occupancy is issued for a residential development, whichever occurs first, subject to the provisions of Government Code § 66007. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonable related to the impacts of developments and whether the described public facilities are still needed.

(Ord. 282, 1990)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

A.

Pay for the City's future construction of facilities described in the resolution enacted pursuant to Section 3.16.020 above, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or

B.

Reimburse developers who have been required or permitted by Section 4, to install such listed facilities which are oversized with supplemental size, length or capacity.

(Ord. 282, 1990)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 3.16.020 which facility is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this ordinance on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. 282, 1990)

A developer of any project subject to the fee described in Section 3.16.020 may apply to the City Council for a reduction or adjustment of that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the public facility impacts of that 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 ten (10) 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 the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. 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. 282, 1990)