Fowler Municipal Code Ch. 8 Development Impact Fees

A. The purpose of this chapter is to create and establish development impact fees for the City which shall be used to mitigate adverse impacts to public facilities attributed to new development in each of the following categories: (1) 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; (2) Law enforcement facilities and equipment; (3) Fire protection and suppression facilities and equipment; (4) Storm drainage facilities; (5) Water supply facilities; (6) Wastewater facilities; (7) Traffic facilities; (8) Groundwater recharge facilities; and (9) Parks and recreation facilities.

For convenience, all of the development fees so established 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 impacted by new 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. The City Council finds that the existing general facilities and equipment, law enforcement facilities and equipment, fire protection and suppression facilities and equipment, storm drainage facilities, water supply facilities, wastewater facilities, traffic facilities, groundwater recharge facilities, and parks and recreation facilities will be inadequate to accommodate the needs generated by projected new residential, industrial and commercial growth, including public facility development, in the City, and that additional services, facilities and equipment are needed to protect and promote the health, safety, and welfare of Fowler residents and businesses. This finding is based upon data included in the Fowler Development Impact Fee Justification Study, dated May 14, 2021 and the Selma-Kingsburg-Fowler County Sanitation District Connection Charge Study, dated April 2002 ("justification studies"), capital improvement plans, capital improvement program, and any other reports on file with the City, and on such other information provided to the City Council at the public hearing concerning the adoption of fees pursuant to this chapter, including reports from the City Engineer, City Manager, and such consultants as the City Council deemed necessary.

C. The necessary public facilities are identified in the justification studies, capital improvement plans or other reports on file with the City. Facilities may be added to or deleted from the justification studies and subsequent capital improvement plans, but the City 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 the fee was collected.

D. The City desires to require new development to pay its fair share of the cost to expand the public services, facilities, and equipment that will be necessary to serve residential, industrial and commercial development, including public facility development. The purpose of this chapter is to establish the appropriate method of insuring that sufficient funding for general facilities and equipment, law enforcement facilities and equipment, fire protection and suppression facilities and equipment, storm drainage facilities, water supply facilities, wastewater facilities, traffic facilities, groundwater recharge facilities, and parks and recreation facilities is available to serve residential, industrial and commercial growth, including public facilities development, in the City.

E. The failure to impose the conditions and regulations of this chapter on new development as defined herein would jeopardize residents of the community, in that it would permit construction and development to proceed without adequate general facilities and equipment, law enforcement facilities and equipment, fire protection and suppression facilities and equipment, storm drainage facilities, water supply facilities, wastewater facilities, traffic facilities. Groundwater recharge facilities, and parks and recreation facilities or adequate means to finance such services, facilities and equipment.

F. To determine the need for general facilities and equipment, law enforcement facilities and equipment, fire protection and suppression facilities and equipment, storm drainage facilities, water supply facilities, wastewater facilities, traffic facilities, groundwater recharge facilities, and parks and recreation facilities created by new residents and job holders and to spread the costs of such facilities among those who create the need for them, the City conducted the justification studies. The justification studies estimated the number and type of general facilities and equipment, law enforcement facilities and equipment, fire protection and suppression facilities and equipment, storm drainage facilities, water supply facilities, wastewater facilities, traffic facilities, groundwater recharge facilities, and parks and recreation facilities to meet the needs created by new development and the costs of such services, facilities and equipment. The fee established by this chapter shall be calculated in the manner called for in the justification studies, and as approved by the City Council, as those reports may be supplemented or amended from time to time, in order that the impact upon services, facilities and equipment is borne by the type of development causing the need for such services, facilities and equipment.

G. The fee established by this chapter is in addition to any other fees or charges or taxes, required by law or City Code as a condition of development.

H. Fees charged by the City for connection to the water system shall remain as currently adopted in Title 6, Chapter 4, Article 5, Section 6-4.502 of the Fowler Municipal Code as such section is amended by the Ordinance codified in this chapter. Such connection service charges are not considered development impact fees and subject to Section 66000 of the California Government Code.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

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

A. Build Out of the City. The projected population and land uses developed within the City through 2040.

B. Essential Infrastructure. Each of the following, including any related facilities:

1. General Facilities necessary for the administration of the City which are not listed in any one of the other categories of essential infrastructure;

2. Law enforcement facilities and equipment;

3. Fire protection and suppression facilities and equipment;

4. Storm drainage facilities;

5. Water supply facilities;

6. Wastewater facilities;

7. Traffic facilities;

8. Groundwater recharge facilities; and

9. Parks and recreation facilities.

C. Fire Protection and Suppression Facilities and Equipment. Any capital improvements or capital equipment related to the Fowler Fire Department and the delivery of fire protection and suppression services, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide fire protection and suppression services to the new development which is projected to come into the City between the effective date of this 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.

D. General Facilities and Equipment. The additional space at City Hall, City offices located elsewhere, City parking areas, and similar facilities, along with necessary equipment in or through which the City conducts general City operations, that will accommodate the growth in City government which is projected to come into the City between the effective date of this 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.

E. Law Enforcement Facilities and Equipment. Any capital improvements or capital equipment related to the Fowler Police Department and the delivery of police services, based on studies adopted by the City or associated with a capital improvement program, 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 this 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.

F. New Development. Any residential, commercial, industrial, public facility, or other institutional development which occurs in the City after the effective date of this ordinance and/or any amendment to this ordinance, including but not limited to development on any so-called "in-fill" lots.

G. Related Facilities. Any major landscaping, fountains, monuments, signs or similar facilities, activities and operations of a general benefit to the City which will be necessary in order to construct adequate facilities to meet the needs of new development within the City, based on studies adopted by the City or associated with a capital improvement program, or any of them.

H. Storm Drainage Facilities. All of the storm water collection, retention and disposal facilities, including storm water mains, ditches, canals, pumps, pump stations, retention basin, detention basins and related facilities which are necessary for the purpose of collecting storm water run off and transporting it to the appropriate storm water basin as will be required, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide storm water collection and disposal services to the new development which is projected to come into the City between the effective date of this ordinance and build out of the City. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement program that must be installed as part of the development improvements.

I. Water Supply Facilities. All of the domestic water production facilities, including water wells, water pumps and pump stations, major transmission lines from the point of uptake and any water treatment facilities or associated treatment equipment or monitoring devices or equipment, and related facilities which are necessary for the purpose of supplying domestic water to the to any water treatment or storage facility for the storage of domestic water for consumption or fire flow reserves, and related facilities for the production of domestic water as may be required, based on studies adopted by the City or associated with a capital improvement program, 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 this ordinance and build out of the City.

J. Wastewater Facilities. All of the wastewater facilities located within the City of Fowler, including pump stations, interceptor sewers, monitoring devices or equipment, and related facilities which are necessary for the purpose of receiving wastewater interceptor flows generated within the City of Fowler for the transmission, treatment, and disposal of the wastewater by the Selma-Kingsburg-Fowler County Sanitation District ("SKF"), as may be required, based on studies adopted by the City and SKF or associated with a capital improvement program, or any of them, to provide wastewater services to the new development which is projected to come into the City between the effective date of this ordinance and build out of the City. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement program that must be installed as part of the development improvements.

K. Traffic Facilities. All of the infrastructure, including streets, medians, street markings, street widening, safety barriers, intersection improvements, traffic signals, and related facilities which are necessary to provide safe and efficient vehicular access throughout the City, based on studies adopted by the City or associated with a capital improvement program, or any of them, that will accommodate the transportation demand of new development and population growth which is projected to come into the City between the effective date of this ordinance and build out of the City. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement program that must be installed as part of the development improvements.

L. Groundwater Recharge Facilities. All of the land acquisition, recharge basin development and improvement, conveyance pipelines and facilities, and related facilities which are necessary for the purpose of groundwater recharge, based on studies adopted by the City or associated with a capital improvement program, or any of them.

M. Parks and Recreation Facilities. All of the land acquisition, park improvements, park renovation, and related facilities which are necessary for the purpose of providing parks space and recreation opportunities for the City, based on studies adopted by the City or associated with a capital improvement program, or any of them, to accommodate the growth in population which is projected to come into the City between the effective date of this ordinance and build out of the City. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement program that must be dedicated and/or installed as part of the development improvements. Specifically, this fee is separate and distinct from any requirement to dedicate land or pay a fee for park and recreational facilities pursuant to Section 902 of the Fowler Subdivision Ordinance (Park and Recreation Fees) as that requirement may be amended, and the Quimby Act (Government Code section 66477), and from the requirement to provide open space pursuant to Section 9-5.1605(K) of the Fowler Zoning Ordinance or any later enacted or amended requirement.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

The City Council determines that there is a reasonable relationship between the use of the fee for each of the specified categories of essential infrastructure and related facilities and the type of development project for which the fee is imposed for the following reasons:

A. The City Council finds that the use of the fee generated from new residential development for all essential infrastructure and related facilities is reasonable because growth in residential population places additional demands on all essential infrastructure and related facilities, which in turn, ultimately results in a need for additional government and public facilities and equipment for essential infrastructure and related facilities.

B. The City Council finds that use of the fee generated from new commercial and industrial development, including public facilities development, for all essential infrastructure and related facilities, is reasonable because new commercial and industrial development, including public facilities development, creates a demand for additional essential infrastructure and related facilities, which in turn, ultimately results in a need for additional government and public facilities and equipment for essential infrastructure and related facilities.

C. The fee for each of the categories of essential infrastructure and related facilities will be used to provide the additional or expanded public services and facilities required for each of the respective categories of essential infrastructure and related facilities in order to provide a level of service for additional growth and development that is comparable to the existing public services and facilities. The fee for each of the categories of essential infrastructure and related facilities may be used to acquire land and equipment, expand and improve existing facilities, and construct and install new facilities and equipment in each of the respective categories of essential infrastructure and related facilities.

D. The City Council further finds that funding of the costs of essential infrastructure and related facilities, including capital equipment based on studies adopted by the City or associated with a capital improvement program accomplishes the goals and purposes set forth in this chapter and that the use of revenues generated by the fee for projects and outlays set forth in studies adopted by the City or associated with a capital improvement program is warranted and justified.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

For all of the essential infrastructure and related facilities, the City 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 or to achieve a level-of-service desired by the City for new development 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. The City Council determines that a reasonable relationship exists between the need for additional public facilities, equipment and operations for 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 City Council finds that new residential development, including new mobile home 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 any amendment of this chapter. The City 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.

B. The City Council finds that new commercial and industrial developments, including public facilities development, result in a need for additional public services which, in turn, ultimately result in a need for additional government and public facilities and equipment for essential infrastructure and related facilities.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

The fee shall be established by resolution adopted by the City Council, based upon the justification studies, as those studies and reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion attributable to development of which the fee is imposed. The amount of the respective fees established pursuant to this chapter shall be rounded up to the nearest whole dollar.

If the developer requests and the City agrees to allow the developer to dedicate land, acquire equipment or install facilities that are part of the capital improvement program in lieu of all or a portion of a particular fee(s), the value of the dedicated land and/or actual cost of the equipment and/or installation of facilities may be credited against the respective fee(s) for essential infrastructure and related facilities and other development fees contained in this chapter that would be collected as a result of the development.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

The fee established by this chapter may be adjusted each calendar year to account for inflation based on the National Average Construction Cost Index as published by the Engineering News Record, or similar construction cost indexes. Such increase shall be subject to City Council review and approval by resolution, and is not deemed an increase in the amount of the fee subject to the provisions of Sections 66000, et seq., of the California Government Code.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

Any owner or developer applying for a building permit for commercial or industrial development, including public facilities use, 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 applying for a building permit for residential development shall be assessed and shall pay the fee in conjunction with the payment of the building permit, subject to the provisions of Government Code Section 66007, or where not authorized, upon the earlier of the final inspection or the date the certificate of occupancy is issued.

In the case of parcel maps or subdivisions, the fee 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: general facilities; law enforcement facilities, and fire department facilities.

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: storm drainage facilities, water supply facilities, wastewater facilities traffic facilities, groundwater recharge facilities, and parks and recreation facilities.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

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;

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. Completed structures;

D. Structures under construction for which a valid building permit is in force upon the effective date of the ordinance codified in this chapter unless such building permit contains an express condition requiring the payment of this fee;

E. Construction within a subdivision which is covered by a development agreement entered into between the developer and the City under Government Code Section 65864, et seq., which agreement is in full force and effect and expressly prohibits the imposition of additional police, fire and general governmental fees; and

F. Building permits for projects with a vesting tentative map approved prior to the effective date of the ordinance codified in this chapter, provided that the vesting tentative map did not require the payment of a fee to mitigate such impacts or include a condition for mitigation for impacts on police, fire and general governmental services or facilities.

If any residential structure in existence at the time of the adoption of the ordinance codified in this chapter is destroyed by fire, explosion, act of God or act of public enemy to the extent of more than one-half the value thereof, any rebuilding after the date of such destruction shall not be subject to the fee imposed by the chapter provided the area of such structure is not increased by more than ten (10) percent. For the purposes of this chapter, the value shall be determined by the City building inspector based upon the cost of replacement.

Additions to existing commercial or industrial structures shall be subject to the fee established by the chapter.

Nothing in this chapter shall prohibit these regulations from applying to such projects if existing entitlement expire and/or the applicant applies for a new approval subject to the provisions of this chapter. The City Manager or his or her designee may issue regulatory guidelines to administratively implement this section.

In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall subject the owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

A. The developer of any project subject to the fee established by this chapter may apply to the City Council for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the City Clerk not later than ten (10) calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The City Council shall consider the application within sixty (60) days after the filing of the fee adjustment request. The decision of the City Council shall be final. No building permit shall be issued for the project until the final decision pursuant to this Section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this Section has been made.

B. Notwithstanding the provisions of subsection A of this section, a project proponent or applicant may pay the fee "under protest" and receive a building permit. An application for reduction or adjustment pursuant to subsection A of this section shall be filed within ten (10) calendar days after payment under protest and if not so filed, any objection shall be deemed waived. If a reduction or adjustment is made after payment pursuant to this subsection, the applicant shall be refunded the amount by which the fee is reduced or adjusted.

C. The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or facilities or services to be financed by the fee, and the particular project.

D. In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall subject the owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required.

(Ord. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

A. Pursuant to Government Code Section 66006, the City 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. General facilities necessary for the administration of the City;

2. Law enforcement facilities and equipment;

3. Fire protection and suppression facilities and equipment;

4. Storm drainage facilities;

5. Water supply facilities;

6. Wastewater facilities

7. Traffic facilities;

8. Groundwater recharge facilities; and

9. Parks and recreation 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 the fee paid by an owner or developer for a particular development has been retained by the City for five (5) or more years, and City has not committed that fee to costs for public facilities, then the City Council shall make findings describing the continuing need to retain the fee each fiscal year thereafter. If the City 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. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)

A. Each year, during the budget review process, the City 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 180 days after the close of each fiscal year, make available to the public all of the following information:

1. A brief description of the type of fee in the account or fund.

2. The amount of the fee.

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

4. The amount of the fees collected and the interest earned.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete public improvement.

7. A description of each interfund transfer or loan.

8. The amount of refunds made pursuant to Section 66001 (e) of the Government Code out of that account during the fiscal year.

C. The City Council shall review the information described in subsection B, above, at the next regularly scheduled public meeting of the Council, not less than fifteen (15) days after the information required by that subsection is made available to the public.

D. Five (5) years after the effective date of the initial ordinance which adopted this chapter, and every five (5) years thereafter, the City Council shall consider a report by the City Manager 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. 2000-06 § 1, 8-17-00; Ord. 2002-09 § 1, 1-2-03; Ord. No. 2021-02, § 1, 6-1-21)