Fresno Municipal Code Art. 15 Industrial Development

This Article shall be known and may be cited as the Industrial Development Ordinance. This Article is promulgated pursuant to Article 4.6 of Chapter 12. (Added Ord. 97-29, § 1, eff. 7-28-97).

The Council finds and declares that the health, safety, and welfare of the people of the City of Fresno depend upon the development, stability, and expansion of private business, industry, and commerce in and near the City.

The Council further finds and declares that there is a lack of new employment opportunities in the City due to decreased private investment.

The Council further finds and declares that this lack of private investment is caused, in part, by requiring the payment of fees and the completion of improvements early in the development process, long before the private investment generates any income for the investor, thus making it financially infeasible for many businesses to begin operations in the Fresno area.

Therefore, it is declared to be the purpose of this Article to stimulate business and industrial growth in the City by deferring the payment of fees, postponing the installation of improvements, and relaxing regulatory controls that impede private investment. (Added Ord. 97-29, § 1, eff. 7-28-97).

For purposes of this Article, the following definitions apply.

(a) "Certificate of Occupancy" shall mean the certificate issued pursuant to Section 109 of the Uniform Building Code.

(b) "Director" shall mean the Director of Development.

(c) "Industrial Development" shall mean a project for a use listed in Sections 12-225.1, 12-225.3, 12-226.1, 12-226.3, 12-227.1, 12-227.3, 12-228.1, and 12-228.3 of the Fresno Municipal Code, as amended.

(d) "Industrial Development Fee" shall mean a charge or a fee imposed pursuant to Sections 6-304, 12-4.508, 12-4.509, 6-507(a) [excluding those fees specified in 6-507(a)(3)], 13-229, 13-230, 13-231, and Resolution 87-376 of this Code which is for Industrial Development.

(e) "Industrial Development Improvements" shall mean an improvement required by the Public Works Director for street work and public utilities as a condition to approval of an Industrial Entitlement for an Industrial Development.

(f) "Industrial Entitlement" shall mean a general plan amendment, community plan amendment, specific plan amendment, zone district amendment, a UGM permit, conditional use permit, site plan, parcel map, building permit, or other permit or entitlement authorizing the development of real property or the construction of a structure thereon which is an Industrial Development.

(g) "Industrial Zones" shall mean all zone districts specified in Sections 12-225, 12-226, 12-227, and 12-228 of this Code, as amended.

(h) "Property Owner"' shall mean any person or legal entity with an interest in real property proposed to be developed for industrial uses.

(i) "Trunk Sewer fee" shall mean that fee set forth at Section 6-304(a)(5) of this Code as amended and the trunk sewer portion of the fee set forth at Section 6-304(a)(3) of this Code as amended.

(j) "Trunk Sewer Service Area" shall mean the area established by resolution of the Council served by a Trunk Sewer Main and subject to Trunk Sewer Charges.

(k) "Wastewater Facilities Sewer Charge" shall mean the charge imposed at Section 6-304(a)(6) of this Code as amended. (Added Ord. 97-29, § 1, eff. 7-28-97).

This article applies to new industrial development fees which fall due after its effective date in the M-1 -P, M-1, M-2, or M-3 zone districts. This article prevails over any other inconsistent provision of this Code. This article shall not be interpreted to impose additional requirements not required by other provisions of this code. (Added Ord. 97-29, § 1, eff. 7-28-97).

(a) Industrial Development Fees may be deferred, at the option of the property owner, to the time of application for a certificate of occupancy. Such deferral requires the execution of an agreement with the City which substantially complies with the following:

(1) The fee obligation deferred, including fees generated by common areas, outlots, and similar areas within a subdivision or development shall be prorated to each lot, parcel, unit, building or outlot in the manner specified by the Director.

(2) The agreement shall set forth the itemized fees and the total of the deferred fees.

(3) The deferred fee shall be payable at the rate in effect at the time of payment.

(4) The agreement authorizing deferred payment shall be in a form approved by the City Attorney.

(5) The agreement shall constitute a covenant running with the land, shall establish a lien on the property in favor of the City in the amount of the deferred charges, and shall be recorded in the office of the Fresno County Recorder.

(6) The agreement shall provide that the whole, or any part of the balance of the charges due at any time under the agreement may be accelerated and paid at any time, at the option of the payor.

(7) The agreement shall be signed by all persons having a record title interest in the real property for which the fees are being deferred and shall include a legal description of the property.

(b) In addition to the option provided under subsection (a), payment of the Wastewater Facilities Charge may be paid at occupancy or may be financed by an agreement between the property owner and the City, to pay such charges together with interest on the unpaid balance, over a period of not more than five years, in accordance with the following provisions:

(1) The agreement shall provide for substantially equal bimonthly installments included in the utility bill amortized over a period of five years following the application for certificate of occupancy, at an interest rate established by the Controller.

(2) The agreement shall be in a form and content prescribed by the Controller and approved by the City Attorney.

(3) The agreement shall be signed by all persons having a record title interest in the real property being served by the sewer system, to which the connection is requested, and shall include the legal description of the property.

(4) The agreement shall provide that the whole, or any part of the balance of the charges due at any time under the agreement may be accelerated and paid at any time, at the option of the payor.

(5) The agreement shall constitute a covenant running with the land, shall establish a lien on the property in favor of the City in the amount of the deferred charges, and shall be recorded in the Office of the Fresno County Recorder.

(6) The agreement shall provide that in the event of sale of the property, that the remainder of the deferred fee shall be due and payable to the City. The City Manager may waive this provision for good cause.

(7) The agreement shall provide that in the event the payments due are more than ninety days in arrears, the City may accelerate the debt and demand payment of the remaining balance in full.

(8) The lien for said fee shall be enforceable by the City in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code. (Added Ord. 97-29, § 1, eff. 7-28-97).

The Public Utilities Director shall establish an alternative unit amount based on the best available evidence to the City Engineer for flows and usage for the fees specified in Section 6-304(a)(3), (5), (6) and Section 6-507(a)(5), (6), (7) and (8). (Added Ord. 97-29, § 1, eff. 7-28-97).

The Public Utilities Director shall waive trunk sewer fees for industrial projects in trunk sewer service areas where the trunk sewer line exists. (Added Ord. 97-29, § 1, eff. 7-28-97).

The Public Works Director may allow postponement of industrial development improvements required by this Code or imposed as a condition of an industrial entitlement. Postponement of such improvement requires a finding that such improvement will not be contrary to the public health and safety and is not detrimental to the orderly development of the property subject to the entitlement or property near the subject property. Wherever this Code otherwise requires improvements, the Public Works Director may require that all postponed industrial improvement, be subject to an agreement between the City and the property owner which complies with the following:

(1) The agreement shall be in a form and content prescribed by the Public Works Director and approved by the City Attorney.

(2) The agreement shall be signed by all persons having a record title interest in the real property being served by the improvements to which the connections requested, and shall include the legal description of the property.

(3) The agreement shall constitute a covenant running with the land, establishing a lien on the property in favor of the City in the amount of the costs of such improvements.

(4) The agreement shall be recorded with the Fresno County Recorder's Office. In the case of parcel maps, the improvement requirements may be reflected in a certificate on the map.

(5) The agreement shall be enforceable by the City in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code.

(6) The Public Works Director may require security for improvement agreements. (Added Ord. 97-29, § 1, eff. 7-28-97).

The Development Director may adopt rules and regulations to implement this article. (Added Ord. 97-29, § 1, eff. 7-28-97).

Unless otherwise acted upon by Council, this Article will be of no further force and effect at 12:01 a.m. on the day of the third anniversary of its effective date. (Added Ord. 97-29, § 1, eff. 7-28-97).