Fremont Municipal Code Art. II Payment of Fees

(a) Each applicant for city approval of a development project (including applications for a change of use and remodels) shall pay impact fees to the city, in accordance with the amounts set forth in implementing resolutions, unless the applicant establishes, to the satisfaction of the director, entitlement to a fee credit pursuant to Article III of this chapter, a fee adjustment pursuant to Article IV of this chapter, or a fee exemption or exception pursuant to this article.

(b) The obligation to pay impact fees pursuant to this chapter shall not replace an applicant’s obligation to mitigate development project impacts in accordance with other requirements of state or local law.

(c) For developments involving a subdivision for which a fee credit may be applicable in accordance with Section 18.290.120, should the individual lots be sold prior to development, the city shall not be responsible for determining the share of credits desired among property owners, and may require approval from all property owners within the subdivision prior to approving a fee credit sought for any individual lot. At initial development/subdivision approval, the subdivider may identify a lot or lots to receive the credits, which shall form the basis for applicable fee credits if included within the development approval documents. If a dispute arises regarding application of credit, the burden shall be upon the subdivider and any subsequent owners to resolve the dispute and submit qualifying fee credit application(s) to the city. The city may withhold fee credits if the property owners within a subdivision do not agree on the assignment of credits. (Ord. 2463 § 1, 6-4-02; Ord. 27-2016 § 41, 12-6-16. 1990 Code § 8-9200.)

(a) At Permit Issuance.

(1) “Designated residential development project”: Payment of fees for any unit within a “designated residential development project” as defined by Gov’t Code § 66007(c)(4) may be made prior to issuance of building permit but must be paid in full per subsection (b)(1) of this section.

(2) All other development projects: Except as otherwise provided by this section, the fees for each unit of development within a development project shall be paid in full prior to the issuance of the building permit required for that unit of development.

(b) After Permit Issuance.

(1) “Designated residential development project”: The fees for each unit within a “designated residential development project” as defined in Gov’t Code § 66007(c)(4) shall be paid in full prior to the final inspection or issuance of the certificate of occupancy, whichever comes first, required for that unit of development.

(2) All other development projects: Upon application by an applicant, and approval by the director or director’s designee, the fees for a development project may be paid as follows:

(A) For a development project consisting of only one unit, fees must be paid prior to whichever of the following comes first:

(i) Final inspection; or

(ii) Issuance of a certificate of occupancy; or

(iii) The expiration of 18 months from the date of permit issuance per the requirements of the written agreement executed in conformance with subsection (c) of this section.

(B) For a development project consisting of more than one unit, at the discretion of the director or director’s designee:

(i) On a pro rata basis for each unit within the development, fees must be paid prior to whichever comes first of the following:

a. The particular unit receives its final inspection; or

b. The particular unit is issued a certificate of occupancy; or

c. The expiration of 18 months from the date of permit issuance for the particular unit per the requirements of the written agreement executed in conformance with subsection (c) of this section; or

(ii) On a pro rata basis before each specified percentage of the units within the development receive, fees must be paid prior to whichever comes first of the following:

a. The final inspections; or

b. The certificates of occupancy; or

c. The expiration of 18 months from the date of permit issuance for the particular unit per the requirements of the written agreement executed in conformance with subsection (c) of this section; or

(iii) In its entirety on a date before the first unit within the development receives, fees must be paid prior to whichever comes first of the following:

a. The final inspection; or

b. The issuance of the certificate of occupancy; or

c. The expiration of 18 months from the date of permit issuance for the first unit within the development per the requirements of the written agreement executed in conformance with subsection (c) of this section.

(c) Written Agreement. The applicant requesting to pay fees after permit issuance as allowed by subsection (b)(2) of this section shall enter into a written agreement with the city conforming to the requirements of this section. The written agreement must be recorded in the office of the Alameda County recorder prior to permit issuance.

(1) Contents of Agreement. The agreement shall be signed by the property owner, be in a form approved by the city attorney, and contain all of the following:

(A) A legal description of the property;

(B) A provision that the agreement runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation, and is enforceable against successors in interest;

(C) A provision that the fees must be paid prior to final inspection, issuance of a certificate of occupancy, or within 18 months from permit issuance, whichever occurs first. Neither approval of a final building inspection nor a certificate of occupancy shall be granted, and no occupancy shall be permitted, until the fees are paid. The agreement shall include additional details regarding payment pursuant to subsection (b)(2) of this section;

(D) A statement of the amount of the fee due as calculated pursuant to Section 18.290.080(a);

(E) A provision that, in any action to collect the fee or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorneys’ fees; and

(F) A requirement that the property owner notify the city of the opening of any escrow for the sale of the property and that the property owner provide escrow instructions that the fees be paid to the city from the sale proceeds in escrow before disbursing proceeds to the seller.

(2) Release of Obligation. When the obligation is paid in full, the city shall record a release of the obligation.

(3) Implementation. The director or designee shall develop an application form for applicants to request payment of fees after permit issuance pursuant to subsection (b)(2) of this section and shall establish guidelines for director or designee’s approval or denial of such applications. The director or designee is authorized to execute the agreement and the release of obligation under this subsection (c).

(4) Compliance. No city official or agency may issue a permit with respect to a development project unless either the fees required by this chapter have been paid as required by this section or an agreement meeting the criteria set forth in this subsection (c) has been executed and recorded for the development project. No city official or agency may certify final inspection or issue a certificate of occupancy for a unit of development, or otherwise allow occupancy of a unit of development, until the fees required by this chapter with respect to such unit are paid in accordance with this section. (Ord. 13-2009 § 3, 7-7-09; Ord. 06-2019 § 3, 10-1-19; Ord. 04-2023 § 2, 5-2-23; Ord. 02-2026 § 31, 5-5-26. 1990 Code § 8-9201.)

(a) The amount of any fee to be paid for a unit of development within a development project shall be the amount of the fee in effect, pursuant to implementing resolution, on the date of permit issuance. However, if any fee is paid more than 18 months after the date of permit issuance, then the amount of the fee shall be the amount in effect, pursuant to implementing resolution, at the time that full payment is made to the city.

(b) The amount of any fee to be paid in connection with a change of use shall be: (1) the amount of the fee required pursuant to subsection (a) of this section for the proposed use, (2) minus the amount of the fee paid for the last legal use of the existing structure.

(c) The amount of any fee to be paid in connection with a remodel shall be the amount of the fee required pursuant to subsection (a) of this section for that portion of the remodel which generates impacts greater than the last legal use of the existing structure.

(d) In the event that a previous partial fee payment is made for any unit of development, the full fee to be paid for that unit shall be the amount of the fee in effect, pursuant to implementing resolution, at the time of permit issuance, less the amount of the previous partial payment.

(e) The applicant shall have the burden of proving the amount of any fee previously paid, the date on which payment was made, and the unit of development for which payment was made. (Ord. 2463 § 1, 6-4-02; Ord. 13-2009 § 4, 7-7-09. 1990 Code § 8-9202.)

Each residential development project shall be required to pay a park land impact fee. However, if dedication of park land is proposed by a development project applicant or required pursuant to Section 17.25.270, the applicant shall receive a credit against park land impact fees, in accordance with Article III of this chapter. (Ord. 2463 § 1, 6-4-02; Ord. 04-2016 § 46, 3-1-16. 1990 Code § 8-9203.)

The city reserves the right to update and adjust each fee from time to time, in accordance with the Mitigation Fee Act. The fee in effect at the time any applicant has obtained a vested development right shall be subject to adjustment by the city, as incorporated in updated implementing resolutions in effect at the time that full payment of the fee is made, based upon any or all of the following criteria:

(a) Adjustments in the amount of the estimated construction costs of providing the specified public facilities based upon adjustments in accordance with the inflation index.

(b) Adjustments to replace estimated costs with actual costs (including carrying costs) of providing the specified public facilities.

(c) Adjustments to reflect more accurate cost estimates of providing the specified public facilities based upon more detailed analysis or design of the previously identified specified public facilities. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9204.)

(a) Nonresidential development projects are exempt from impact fees for park land dedication fees and park facility fees.

(b) Residential development projects, including accessory dwelling units, are exempt from impact fees for any remodel or addition, as long as they do not result in a change of use.

(c) A reconstruction of a razed structure shall receive a fee credit only if the applicant submits documentation to the satisfaction of the director establishing that the razed structure was in existence in accordance with the timing requirements of this subsection (c). If a development project receives a credit pursuant to this subsection (c), the amount of the fee to be paid shall be: (i) the amount of the fee required pursuant to Section 18.290.080(a) for the entire new structure, (ii) minus the amount of the fee which would have been required pursuant to Section 18.290.080(a) for the last legal use of the razed structure.

(1) In order to be entitled to a credit for a fire impact fee, the razed structure is required to have been in existence on or after May 16, 1989.

(2) In order to be entitled to a credit for a traffic impact fee, or a capital facility fee, or a parks facility fee, the razed structure is required to have been in existence on or after June 11, 1991.

(3) In order to be entitled to a credit for a park dedication in lieu fee, the razed structure is required to have been in existence on or after April 18, 1972.

(d) An applicant may request a refund of a fee previously paid in accordance with this chapter only if the applicant provides written documentation to the satisfaction of the director that:

(1) The building permit (including any permit or city approval on which the fee was imposed) is canceled or voided; and

(2) Work has not progressed on the building permit which would allow commencement of a new use or change of use; and

(3) The city has not already committed the fees to the construction of public facilities. Any refund made pursuant to this subsection may, in the discretion of the director, include a deduction to cover the city’s administrative costs of processing the refund.

(e) A development project shall be exempt from the requirements of this impact fee ordinance if the applicant provides documentation, to the satisfaction of the director, of federal, state, or local law (including a duly adopted resolution of the city council) which establishes entitlement to the exemption. (Ord. 2463 § 1, 6-4-02; Ord. 05-2018 § 30, 3-20-18; Ord. 06-2019 § 4, 10-1-19; Ord. 04-2023 § 3, 5-2-23. 1990 Code § 8-9205.)