Fresno County Municipal Code Ch. 17.88 Public Facilities Fees

A. In order to implement the goals and objectives of the county, general plan and to mitigate impacts caused by new development within the county, public facilities fees are necessary. The fees are needed to finance public facilities and to assure that each new development pays its fair share for these improvements.

B. Title 7, Chapter 15, Sections 66000 et seq. of the California Government Code provides that public facilities fees may be enacted and imposed on development projects. The board of supervisors finds and determines that:

1. New development projects cause the need for construction, expansion or improvement of public facilities within the county.

2. Funds for construction, expansion or improvement of public facilities are not available to accommodate the needs caused by development projects, which results in inadequate public facilities within the county.

C. The board of supervisors finds that the public health, safety, peace, morals, convenience, comfort, prosperity and general welfare of all county residents, including those living in incorporated cities, will be promoted by the adoption of public facilities fees for the construction, expansion or improvement of public facilities.

D. Failure to enact public facilities fees will subject all county residents to conditions perilous to their health and safety.

(Ord. 91-013, § 2)

The public facilities fees authorized pursuant to this chapter are to be collected before the issuance of building permits or at the earliest time permitted by law as determined by the director of public works and development services.

(Ord. 91-013, § 2)

Words, when used in this chapter and in resolutions adopted thereunder, shall have the following meanings:

A. "Board of supervisors" means the board of supervisors of the county of Fresno.

B. "County" means the county of Fresno, a charter county organized and existing under the constitution and laws of the state of California.

C. "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

D. "Fee" means a money exaction, other than a tax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

E. "Public facility" includes public improvements, public services and community amenities.

(Ord. 91-013, § 2)

A. In establishing and imposing a fee as a condition of approval of a development project, the county shall follow the procedures set forth in Government Code Section 66001.

B. Upon receipt of the fee subject to this chapter, the county shall deposit, invest, account for and expend the fees pursuant to California Government Code Section 66006.

(Ord. 91-013, § 2)

A. The auditor-controller/treasurer-tax collector shall report to the board once each fiscal year any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. The board shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

B. A refund of unexpended or uncommitted fees for which a need cannot be demonstrated along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The auditor-controller/treasurer-tax collector may refund unexpended and uncommitted fees that have been found by the board to be no longer needed, by direct payment or by off-setting other obligations owed to the county by the current owner(s) of the development project(s).

C. If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this section exceed the amount to be refunded, the county, after a public hearing, for which notice has been established pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenue shall be allocated for some other purpose for which the fees are collected subject to this chapter that serve the project on which the fee was originally imposed.

(Ord. 91-013, § 2)

A. Collection of the public facilities fees shall be at the earliest time authorized by Government Code Section 66007 and in a manner determined by the director of public works and development services.

B. When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, the fee payment shall not be required, unless the fee schedule has been amended ding the interim, in which event the appropriate decrease or increase shall be imposed.

C. In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of development that was not included in computing the prior fee.

D. When a fee is paid for a development project and that project is subsequently reduced so that it is entitled to a lower fee, the county shall issue a partial refund of the fee.

E. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the payor shall be entitled to a refund of the fee paid, less the administrative portion of the fee.

(Ord. 91-013, § 2)

Fees paid pursuant to this chapter shall be held in separate public facility fee accounts to be expended for the purpose for which they were collected by the auditor-controller/treasurer-tax collector. The auditor-controller/treasurer-tax collector shall retain fee interest accrued and allocate it to the accounts for which the original fee was imposed.

(Ord. 91-013, § 2)

No fee may be applied by a local agency to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster as declared by the Governor.

(Ord. 91-013, § 2)

Pursuant to Title 14, California Code of Regulations, Sections 15061 and 15273 (4), this chapter is exempt from the California Environmental Quality Act.

(Ord. 91-013, § 2)

A. The county may adopt or incorporate a capital improvement plan which indicates the approximate location, size, time of availability and estimates of costs for public facilities or improvements to be financed with public facility fees.

B. The county administrative office shall annually submit the capital improvement plan to the board of supervisors for adoption at a noticed public hearing.

C. The public facility fees schedule adopted by the board of supervisors by resolution shall be annually reviewed by the board for consistency with capital improvement plan, and in the amendments necessary shall be made by resolution of the board.

(Ord. 91-013, § 2)

The adoption of public facility fees and any amendments thereto is a legislative act and shall be enacted by resolution after a noticed public hearing before the board of supervisors and following all other procedures required by law.

(Ord. 91-013, § 2)

This chapter and any subsequent amendments to the public facilities fee program shall be read together. With respect to any public facility fee ended by resolution under this chapter, any provision of such public facility fee which is in conflict with this chapter shall be void.

(Ord. 91-013, § 2)

Should any provision of this chapter or a subsequent amendment to the public facilities fee program be held by a court or competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this chapter and the public facilities fee program shall remain in full force and effect.

(Ord. 91-013, § 2)

A developer of any project subject to the fee described in this chapter may apply to the board of supervisors for reduction or adjustment to that fee, or a waiver of that fee, following the procedures set forth in Government Code Sections 66020 and 66021.

(Ord. 91-013, § 2)