Fremont Municipal Code Art. I General Provisions and Definitions

This chapter may be referred to as the “impact fee ordinance,” and is adopted pursuant to the authority of Article XI, Section 7 of the California Constitution, Cal. Gov’t Code §§ 66000 et seq. (hereinafter “Mitigation Fee Act”), Cal. Gov’t Code §§ 65000 et seq. (the planning and zoning law of the state of California), and in accordance with the findings set forth in the ordinance codified herein (and all amendments thereto). (Ord. 2463 § 1, 6-4-02; Ord. 04-2016 § 44, 3-1-16. 1990 Code § 8-9100.)

Pursuant to this chapter, the city has established fees which will be imposed upon development projects for the purpose of mitigating the impacts that the development projects have upon the city’s ability to provide public facilities. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9101.)

(a) The fees imposed by the city pursuant to this chapter shall be used to pay, in whole or in part, the estimated reasonable cost of providing specified public facilities, as described in implementing resolutions.

(b) As described in each implementing resolution, the specified public facilities will be categorized into separate and distinct sets of public facilities based upon the type of public facility to be provided, or other identifying features. Each separate set of specified public facilities described in an implementing resolution shall be referred to in this chapter as a “public facility category.” Public facility categories include, but are not limited to: traffic, park land dedication, park facilities, capital facilities, and fire facilities.

(c) For each separate public facility category, a separate fee shall be calculated and imposed, and each separately imposed fee shall be collected by the city and deposited in a separate and distinct “fee fund,” subject to the accounting requirements of the Mitigation Fee Act.

(d) In order to more effectively mitigate the impact of new development, and maximize the use of fee revenues, fee revenues may be used as temporary loans from one fee fund to another fee fund only if the director makes findings, subject to the review and approval of the city council, of the following:

(1) Based upon planned phasing of the public facilities, and anticipated timing of fee revenues to be collected, it is in the city’s best interests to allow the temporary loan.

(2) The development projects which are required to pay fees to the fee fund from which the loan is made will receive a benefit from the use of the loan by the separate fee fund to which the loan is made.

(3) All requirements of the Mitigation Fee Act have been satisfied, including a specification of the amount loaned, the date of repayment, and the interest rate to be paid. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9102.)

Pursuant to the Mitigation Fee Act, in any action establishing, increasing, or imposing a fee as a condition of approval of a development project, a technical report shall be prepared for each public facility category, subject to city council approval by implementing resolution. In addition to the findings supporting the adoption of impact fees identified in the impact fee ordinance, each implementing resolution shall include the following:

(a) Identify the purpose of the fee by identifying the estimated types and quantities of development projects subject to the fee, and the public facility category to be funded by the fees.

(b) Identify the use of the fee by identifying the specified public facilities to be funded by the fees.

(c) Determine how there is a reasonable relationship between the city’s use of the fee and the types of development projects on which the fee is to be imposed by demonstrating how the development projects will benefit from the specified public facilities to be funded by the fees.

(d) Determine how there is a reasonable relationship between the need for the specified public facilities and the types of development projects on which the fee is to be imposed, by demonstrating how the development projects create a demand for the construction of the specified public facilities to be funded by the fees.

(e) Determine how there is a reasonable relationship between the amount of the fee and the cost of the specified public facility attributable to the development projects on which the fee is to be imposed. This shall include two elements: (1) a quantification of the estimated reasonable cost of providing the specified public facility, which may include the estimated costs of land acquisition, design, construction, construction administration, general administration (including establishment and enforcement) of the fee program, and contingencies; and (2) an identification of the method by which the city quantifies the proportionate responsibility of each development project for the cost of the specified public facilities, which may be satisfied by establishing a formula which reasonably quantifies the proportionate responsibility of various types of development projects using standardized units of measurement. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9103.)

As used in this chapter, all words, phrases, and terms shall be interpreted in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise defined herein.

“Affordable housing” means any residential unit restricted for persons at or below 120 percent of the area median income.

“Applicant” means any person, or other legal entity, which applies to the city for approval of a development project.

“Change of use” means any proposed use of an existing structure (or a previously existing structure) on a parcel which: (a) requires a building permit or other permit or city approval (such as a conditional use permit or a zoning administrator permit), and (b) the proposed use is included in a different property use category (as defined in implementing resolutions) than the last legal use of the existing structure, and (c) the proposed use results in impacts greater than the last legal use of the existing structure.

“Development project” means any project undertaken for the purpose of development, as defined in the Mitigation Fee Act, and shall specifically include any building permit, or any other permit or city approval required for a change of use. “Development project” shall specifically include any change of use or remodel.

“Director” means the director of the community development department of the city of Fremont, or any person designated by the city manager or director to perform the functions of the “director” specified in this chapter.

“Fee” means, for the purpose of this chapter, a development impact fee imposed by the city in accordance with this chapter.

“Fee fund” means each of the separate and distinct funds into which fees for each public facility category are deposited.

“Impact fee ordinance” means this chapter.

“Implementing resolution” means a resolution of the city council of the city of Fremont, including any technical report incorporated by reference, in which the findings specified in Section 18.290.040 are made for each public facility category.

“Inflation index” means a recognized standard index (such as the Consumer Price Index), as determined by the director to be a reasonable method of calculating the impact of inflation upon cost estimates set forth in implementing resolutions.

“Mitigation Fee Act” means Cal. Gov’t Code § 66000 et seq.

“Permit” means the city building permit required for a development project, or, if the development project consists of a change of use for which no building permit is required, any other permit or city approval required for the change of use.

“Public facility” means any public improvements, public services, or community amenities, as defined by the Mitigation Fee Act, including, but not limited to: traffic improvements, park land dedication, park facility improvements, capital facilities (such as public buildings), fire facilities, and any similar public improvement for which the city has adopted an implementing resolution pursuant to this chapter.

“Public facility category” means a separate and distinct set of public facilities as described in Section 18.290.030(b).

“Quimby Act” means Cal. Gov’t Code § 66477.

“Remodel” means any proposed improvement or reconstruction of an existing structure (or a previously existing structure) on a parcel which: (1) requires a building permit or other permit or city approval (such as a conditional use permit or a zoning administrator permit), and (2) results in impacts greater than the last legal use of the existing structure.

“Specified public facility” means those public facilities described in each implementing resolution, the total program costs of which are used as the basis for the calculation of a fee, as described in Section 18.290.030.

“Vested development rights” means an applicant’s right to proceed with development of a development project in substantial compliance with the local ordinances, policies, and standards in effect at the time that the rights vest, as the term is defined in the vesting tentative map statutes (Cal. Gov’t Code §§ 66498.1 through 66498.9), development agreement statutes (Cal. Gov’t Code §§ 65864 through 65869.5), and state law. (Ord. 2463 § 1, 6-4-02; Ord. 13-2009 § 2, 7-7-09; amended during 2012 reformat; Ord. 04-2016 § 45, 3-1-16; Ord. 06-2019 § 2, 10-1-19; Ord. 04-2023 § 1, 5-2-23. 1990 Code § 8-9104.)