Daly City Municipal Code Ch. 3.36 Public Facilities Fees for Developments

In order to implement the goals and objectives of the city's general plan, and to mitigate the impacts caused by future development in Daly City, certain public facilities must be or have been required to be constructed. The city council has determined that a public facilities fee is needed in order to finance these public facilities and to pay for each development's fair share of the construction costs or value of these improvements. In establishing the fee described in the following section, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. 1096 § 1 (part), 1989)

A. A public facilities fee is established on issuance of building permits for development in the city to pay for municipally owned public facilities, including but not limited to city administrative facilities, fire facilities and equipment, libraries, police facilities and equipment, community recreation centers, street improvements and water and sewage facilities.

B. The city council shall, in a council resolution adopted after a duly noticed public hearing, set forth the amount of the fee which shall be based upon data providing: the fee allocation methodology; value or costs of these facilities; description of the benefit and impact area on which the public facilities fee is imposed; and description of the reasonable relationship between the fee and the various types of new developments.

(Ord. 1096 § 1 (part), 1989)

The revenues raised by payment of the public facilities fee shall be placed in separate and special accounts as provided by council resolution and such revenues, along with any interest earnings on that account, shall be used for one or more of the following purposes:

A. To pay for design, construction or purchase of designated public facilities and reasonable costs of outside consultant studies related thereto;

B. To reimburse the city for designated public facilities constructed or purchased by the city with funds from other sources;

C. To reimburse developers who have designed and/or constructed designated public facilities which are oversized with substantial supplemental size, length, or capacity;

D. To pay for and/or reimburse costs of program development and on-going administration of the public facilities fee program.

(Ord. 1096 § 1 (part), 1989)

A developer of any project subject to a public facilities fee may apply to the city council for a 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 that development and the amount of the fee charged. 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 project, or (2) if no development approval 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 project or if no hearing is required for the project at a hearing held within sixty days after the filing of the applicable fee adjustment application. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use or scope of the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. 1096 § 1 (part), 1989)