Chapter 33 — FINANCES AND FEES

The Master Fee Schedule of the city is hereby adopted by reference as if fully set out herein. (Prior Code, § 101401) (Ord. 06-12, passed 9-18-2006)

CLAIMS AGAINST CITY

This subchapter is enacted pursuant to Cal. Government Code § 935. (Prior Code, § 2901) (Ord. 01-05, passed 8-20-2001)

All claims against the city for money or damages not otherwise governed by the Government Claims Act, Government Code section 900 et seq., or another state law (hereinafter referred to in this subchapter, “claim” or “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Govenment Code (commencing with section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this subchapter. (Prior Code, § 2902) (Ord. 01-05, passed 8-20-2001)

(A) All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, or administrator.

(B) No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code section 910.

(Prior Code, § 2903) (Ord. 01-05, passed 8-20-2001)

In accordance with California Government Code sections 935(b) and 945.6, all claims shall be presented as provided in this subchapter and acted upon by the city prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this subchapter. (Prior Code, § 2904) (Ord. 01-05, passed 8-20-2001)

Any action brought against the city upon any claim or demand shall conform to the requirements of sections 940 through 949 of the California Government Code. Any action brought against any employee of the city upon any claim shall conform with the requirements of sections 950 through 951.

(Prior Code, § 2905) (Ord. 01-05, passed 8-20-2001)

COMMUNITY DEVELOPMENT FEE

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

BUILDING. Any structure having a roof constructed for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. A mobile home shall not be deemed a BUILDING .

CITY. The City of Grover Beach, California.

CONSTRUCT. The putting together, assembling, erecting, or altering of construction materials, components, or modules into a structure, or portion of a structure, and includes reconstructing, enlarging, or altering any structure. CONSTRUCT also includes the moving and locating of a building, or portion thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home space.

DWELLING UNIT. A building or portion of a building planned or designed for use as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in said unit (for example, a one-family dwelling, each unit in a two-family dwelling, and each unit in multiple dwelling).

FAMILY. An individual or two or more persons related by blood or marriage living together as a single housekeeping unit.

FLOOR AREA. The area of the several floors of a building included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, courts, car ports, and garages. The FLOOR AREA of a building, or portion thereof, not provided with surrounding exterior walls shall be usable area under the horizontal projection of the roof or floor above.

MOBILE HOME SPACE. Each space in a mobile home, travel trailer, or recreational vehicle park designed to be used for parking a mobile home, travel trailer, or recreational vehicle on a temporary, semi-permanent, or permanent basis, as the area of such space is described on plans submitted for a construction permit.

PERSON. Every person, firm, or corporation constructing a building, or portion thereof, or a mobile home park space directly or through the service of an employee, agent, or independent contractor. (Prior Code, § 10800) (Ord. 135, passed 8-21-1972)

A fee is hereby imposed in amounts set forth in § 33.032 upon the construction of any building, or portion thereof, or any mobile home space in the city for which a building permit or a construction permit by the state is issued after the effective date of this subchapter.

(Prior Code, § 10801) (Ord. 135, passed 8-21-1972)

The fee imposed by this subchapter is as follows, and in the event of a problem in the interpretation or construction of said fee to a particular application, said fee shall be determined by the City Building Department whose findings shall be conclusive:

(A) An amount equal to 0.3% of the value of the construction of any building; and

(B) An amount equal to 1.2% of the assessed value of land for developments not consisting of buildings. (Prior Code, § 10802) (Ord. 135, passed 8-21-1972)

The fee imposed by § 33.032 shall be due and payable upon issuance of the building permit for the construction of any such building, or portion thereof, or prior to the issuance of a construction permit for the construction of any mobile home space. For all buildings, or portions thereof, the fee shall be in addition to the fee required to be paid for the building permit and no such building permit shall be issued until the fee is paid. For all mobile home spaces, the fee shall be in addition to all inspection fees required to be paid in the construction of a mobile home park, and no construction permit shall be issued until the fee is paid on all mobile home spaces. Such fee shall be refunded only if the building permit for the construction of any such building, or portion thereof, or the construction permit for the construction of any mobile home spaces has expired and no construction is commenced. (Prior Code, § 10803) (Ord. 135, passed 8-21-1972)

Fees imposed under this subchapter shall be paid to Administrative Services. (Prior Code, § 10804) (Ord. 135, passed 8-21-1972)

The fee imposed under this subchapter shall not apply to the following:

(A) The city, the United States, or any agency or instrumentality thereof, the state, or any county, city, and county district, or any political subdivision of the state, or any other governmental agency or non-profit organization duly qualified as exempt by the federal and state taxing authorities;

(B) Enlargement, remodeling, and/or alteration of a building, but only if the number of dwelling units therein is not increased and the number of square feet of floor area devoted to any use other than dwelling unit use is not increased. If the number of dwelling units in the building is increased, and/or the number of square feet in the building devoted to any use other than dwelling unit use is increased, then the fee imposed under this subchapter shall apply to such increased number of dwelling units and/or such increased floor area; and/or

(C) (1) Reconstruction of a building which was damaged or destroyed by earthquake, fire, flood, or other cause over which the owner had no control (provided that compliance with any building code or other ordinance requirement of the city or of any other applicable law shall not be deemed a cause over which the owner has no control), but only if the number of dwelling units in the building is not increased and the number of square feet in the building devoted to any use other than dwelling unit use is not increased.

(2) If the number of dwelling units in the building and/or the number of square feet in the building devoted to any use other than dwelling unit use is increased, then the fee imposed under this subchapter shall apply to such increased number of dwelling units and/or increased floor area.

(Prior Code, § 10805) (Ord. 135, passed 8-21-1972)

(A) There is hereby established a Parks Development Fund.

(B) All of the sums collected pursuant to this subchapter shall be deposited in said Parks Development Fund and shall be used solely for the acquisition, improvement, expansion, and maintenance of public parks, playgrounds, and/or recreation facilities.

(Prior Code, § 10806) (Ord. 135, passed 8-21-1972)

PLANNING, ZONING APPLICATION FEE

This subchapter shall be known and may be cited as the “Planning and Zoning Application Fee Regulations” or “this subchapter.”

(Prior Code, § 101001) (Ord. 90-8, passed 8-6-1990)

The City Council is hereby authorized to establish planning and zoning application fees and make such changes and adjustments from time to time as, in its opinion, may be necessary and in the best interests of the city. All such fees may be established and any such changes in said fees may be accomplished by resolution of the City Council adopted in a regular meeting of said Council after notice has been provided as required by state law. (Prior Code, § 101002) (Ord. 90-8, passed 8-6-1990)

DEDICATION OF LAND FEE

This subchapter is enacted pursuant to the authority granted by Cal. Government Code § 66477. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this subchapter are in accordance with the park and recreation element of the General Plan of the city adopted by the city on July 15, 1991. (Prior Code, § 101101) (Ord. 91-5, passed 8-5-1991)

At the time of approval of the tentative map or parcel map, the City Council shall determine pursuant to § 33.0068 hereof the land required for dedication or in lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park, or recreational purposes at the time according to the standards and formula contained in this subchapter. In the event park and recreational services are provided by a public agency other than the city, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the city and such public agency.

(Prior Code, § 101102) (Ord. 91-5, passed 8-5-1991)

It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing within this city be devoted to neighborhood and community park and recreational purposes.

(Prior Code, § 101103) (Ord. 91-5, passed 8-5-1991)

(A) (1) Where a park or recreational facility has been designated in the parks and recreation element of the General Plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park

sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula. (2) The formula for determining acreage to be dedicated has been established pursuant to Cal. Government Code § 66477(a)(2):

(B) Dedication of land shall be made in accordance with the procedures contained in § 33.070 hereof.

(C) (1) For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel.

(2) When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term NEW DWELLING UNIT does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

(D) The subdivider shall, without credit:

• (1) Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street

paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;

• (2) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

• (3) Provide improved drainage through the site; and

• (4) Provide other minimal improvements which the City Council determines to be essential to the acceptance of the land for recreational purposes.

(E) In the event proposed subdivision land is required by the General Plan element in excess of that which is being dedicated to the city, the city may purchase such excess land at appraised value. The appraised value shall be based upon the estimated market value of the excess or additional land and its improvements at the time of the subdivision’s final map acceptance. Improvements for the excess land shall be the same as required by the city in the tentative map approval. Purchase shall take place immediately following final map approval.

(F) The land to be dedicated and purchased and the improvements to be made pursuant to this section shall be approved by the Director of Parks and Recreation.

(Prior Code, § 101104) (Ord. 91-5, passed 8-5-1991)

(A) General formula.

(1) If there is no park or recreational facility designated in the city parks and recreation element, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus 50% toward the costs of off-site improvements, prescribed for dedication in § 33.068 hereof and in an amount determined in

accordance with the provisions of § 33.071 hereof, such fee to be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

(2) For the purposes of this subchapter, OFF-SITE IMPROVEMENTS are defined as those improvements which would have been required if land had been dedicated using the provisions of § 33.068.

(B) Fees in lieu of land, 50 parcels or less. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value, plus 50% toward costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the City Council.

(C) Use of money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

(Prior Code, § 101105) (Ord. 91-5, passed 8-5-1991)

In subdivisions of more than 50 parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula.

(A) When only a portion of the land to be subdivided is proposed on the city parks and recreation element as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of § 33.071 hereof shall be paid for the value of any additional land, plus 50% toward costs of off-site improvements, that would have been required to be dedicated pursuant to § 33.068 hereof.

(B) When a major part of the local park or recreation site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provision of § 33.101 hereof shall be paid in an amount equal to the value of the land, plus 50% toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to § 33.068 hereof, such fees to be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. (Prior Code, § 101106) (Ord. 91-5, passed 8-5-1991)

(A) When a fee is to be paid in lieu of land dedication, the value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to § 33.068, plus 50% toward costs of off-site improvements.

• (B) The fee shall be determined by the following formula:

  • (1) DUs x pop./DU x 5 acres/1000 people x FMV/buildable acre = subtotal x 1.5 = in lieu fee, where:

• (a) DUs = Number of Dwelling Units as defined in § 33.068;

• (b) pop = Population per dwelling unit as defined in § 33.068;

• (c) FMV = Fair Market Value, as determined by § 33.072; and

• (d) Buildable acre = A typical acre of the subdivision, with a slope less than 10% and located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

• (2) Fees to be collected pursuant to this section shall be approved by the Director of Parks and Recreation. (Prior Code, § 101107) (Ord. 91-5, passed 8-5-1991)

(A) The fair market value shall be determined by the assessed value of all the land located in the city divided by the number of acres within the city limits. The determination shall be made immediately prior to the filing of the final

map. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to filing the final map, the city shall prepare a new determination.

(B) If the subdivider objects to the determined fair market value, he or she may appeal to the City Council who shall hear the appeal under the same rules and obligations current for local Board of Equalization hearings, except that the burden of proof shall lie with the subdivider.

(C) For the purposes of appeal, the determination of the fair market value of a buildable acre, as defined in §

33.071, shall consider, but not necessarily be limited to, the following:

• (1) Approval of and conditions of the tentative subdivision map;

• (2) The General Plan;

• (3) Zoning;

• (4) Property location;

• (5) Off-site and on-site improvements facilitating use of the property; and

• (6) Site characteristics of the property.

(D) For the purposes of appeal, the City Council shall consider the estimated or actual costs of on-site and off-site improvements rather than the estimated 50% of land value provision defined in § 33.071. (Prior Code, § 101108) (Ord. 91-5, passed 8-5-1991)

(A) Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

• (1) The natural features, access, and location of land in the subdivision available for dedication;

• (2) The size and shape of the subdivision and land available for dedication;

• (3) The feasibility of dedication;

• (4) The compatibility of dedication with the city parks and recreation element; and

• (5) The location of existing and proposed park sites and trailways.

• (B) The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged or a combination thereof shall be final and conclusive.

(Prior Code, § 101109) (Ord. 91-5, passed 8-5-1991)

(A) No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Cal. Business and Professions Code § 11003, partial credit, not to exceed 50%, shall be given against the requirements of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:

(1) Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(2) Private park and recreational facilities shall be owned by a home owners association composed of all property owners in the subdivision and being an incorporated non-profit organization capable of dissolution only by a 100% affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the

neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities;

(3) Use of the private open space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor;

(4) The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and locations;

(5) Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan; and

(6) The open space for which credit is given is generally a minimum of three acres and provides all of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation needs of future residents of the area:

(a) Recreational open spaces, which are generally defined as park areas for active recreational pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than 5% slope;

(b) Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games;

(c) Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each 3% of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool; and

g, or both. They must also include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each 3% of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool; and

(d) Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

(B) The determination of the City Council as to whether credit shall be given and the amount of credit shall be final and conclusive.

(Prior Code, § 101110) (Ord. 91-5, passed 8-5-1991)

(A) (1) At the time of approval of the tentative map or parcel map, the City Council shall determine pursuant to § 33.068 hereof the land required for dedication.

(2) If the City Council requires in-lieu fee payment by the subdivider, the City Council will set the amount of land upon which the in-lieu fee will be based at the time of final map approval.

(B) (1) At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by the City Council. Where the City Council has determined that fees shall be paid in lieu of or in addition to the dedication of land, the City Council shall set the in-lieu fees based on the land dedication requirements as established at the time of the tentative map approval using current land values at the time of final map approval with the formula set forth in § 33.071 and using the process for determining fair market value as set forth in § 33.072.

(2) The subdivider shall pay said fees in accordance with the following schedule:

(a) For any subdivision consisting of ten or more lots, fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.

(b) For any subdivision consisting of nine or less lots, fees shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.

(C) Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or

parcel map. (Prior Code, § 101111) (Ord. 91-5, passed 8-5-1991)

(A) Fees determined pursuant to § 33.071 shall be paid to the city and shall be deposited into the Park Construction Fund. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements related thereto.

(B) Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(C) If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

(Prior Code, § 101112) (Ord. 91-5, passed 8-5-1991)

(A) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this subchapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structure on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

(B) The provisions of the subchapter do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Prior Code, § 101113) (Ord. 91-5, passed 8-5-1991)

The value of on-site park and recreation improvements provided by a subdivider to the dedicated land shall be credited against the fees or dedication of land and off-site improvement costs required by this subchapter. The City Council reserves the right to approve such on-site improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable. (Prior Code, § 101114) (Ord. 91-5, passed 8-5-1991)

(A) Land or fees required under this subchapter shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee.

(B) At the time of tentative map approval, the City Council shall determine whether the city is the appropriate local agency.

(C) The city, county, or other local public agency, to which the land or fees are conveyed or paid shall develop a schedule pursuant to Cal. Government Code § 66477 specifying how, when, and where it will use the land or fees, or both, to develop park and recreational facilities to serve residents of the subdivision.

(Prior Code, § 101115) (Ord. 91-5, passed 8-5-1991)

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the City Council if the City Council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. (Prior Code, § 101116) (Ord. 91-5, passed 8-5-1991)

If during the ensuing time between dedication of land for park purposes and commencement of first stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land, a change in school location, or amendment of the General Plan), the land may be sold upon the approval of the City Council with the resultant funds being used for purchase and development of a more suitable site. (Prior Code, § 101117) (Ord. 91-5, passed 8-5-1991)

DEVELOPMENT IMPACT FEE

The purpose of this subchapter is to establish, impose, and collect fees for new development projects that will defray the cost of the expansion and improvement of infrastructure and public facilities necessary to accommodate the impacts of such development.

(Prior Code, § 101301) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

Pursuant to Cal. Government Code §§ 66000 through 66025, the city is authorized to adopt and implement development impact fees to ensure that new development contributes to the cost of public infrastructure and services necessitated by growth.

(Prior Code, § 101302) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

(A) (1) This subchapter shall apply to all new developments within the city, except as exempted under applicable state laws or by specific provision within this subchapter. Development projects subject to this subchapter include, but are not limited to, residential, commercial, industrial, and mixed-use developments that result in new construction or expansions of existing structures.

(2) The following projects are exempted from payment of development impact fees:

(a) The United States or to any agency or instrumentality thereof, the state, or any county or other political subdivision of the state;

(b) Remodeling or alteration of an existing residential building, but only if the number of dwelling units is not increased or the use changed;

(c) The portion of a structure which existed before the addition of dwelling units or the enlargement of floor area in a non-residential structure;

(d) The reconstruction of any development project that is damaged, destroyed, or demolished, and replaced within two years from the date of demolition;

• (e) Residential accessory structures, including sheds, workshops, garages, and other accessory structures as defined in Municipal Code Article IX (Development Code), Chapter 9 (Definitions);

• (f) Development, modification, or expansion of an Accessory Dwelling Unit that is less than 750 square-feet in size, in accordance with Cal. Government Code § 66324(c); and

(g) Development, modification, or expansion of an emergency shelter, subject to Municipal Code Article IX (Development Code), Chapter 2, Section 2.90.030 (Emergency Shelter Overlay Zone), shall be exempt from the following impact fees: transportation, administrative, park, and recreation facilities.

(B) The calculation and imposition of impact fees, established to fund the capital costs of public facilities related to the needs of new development in the city, shall be based on the type, size, and intensity of each development project as outlined in the fee schedule adopted by the City Council.

(Prior Code, § 101303) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

(A) The following impact fee categories have been established to address specific needs related to new development within the city:

• (1) Administrative facilities;

• (2) Fire protection facilities;

• (3) Law enforcement facilities;

• (4) Park facilities;

• (5) Recreation facilities;

• (6) Storm drain facilities;

• (7) Transportation;

• (8) Wastewater; and

• (9) Water.

(B) These impact fee categories are integral to ensuring that new development adequately contributes to the enhancement and maintenance of essential public facilities within the city.

(Prior Code, § 101304) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

(A) The specific amount of the impact fees and their calculations shall be established by resolution of the City Council. The resolution shall set forth the precise amounts of the impact fees, identify the public facilities funded by these fees along with their estimated costs.

(B) Fees shall be based on a reasonable relationship between the fee charged and the cost of the public facilities and infrastructure improvements necessitated by the new development.

(Prior Code, § 101305) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

(A) Except as otherwise provided in Cal. Government Code § 66007, development impact fees shall be paid to the city at the time of final occupancy certification.

(B) In cases where payment or all or part of the required fee is deferred at the time of final occupancy certification, the applicant, at the applicant’s expense, may execute a contract with the city to pay all or a portion of the impact fees,

in accordance with the provisions of the city’s Impact Fee Deferral Program Guidelines, as further described in § 33.102. When impact fees are paid in full, the city, at the expense of the applicant or property owner, shall execute a release of any lien securing those impact fees.

(Prior Code, § 101306) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

Any aggrieved person subject to the fees established by this subchapter may appeal the imposition of these fees by meeting the following requirements:

(A) Time and form . An appeal shall be submitted in writing, to the Community Development Director, and filed within 30 days following notification of the imposition of the fees and shall specifically state the pertinent facts and basis for the appeal;

(B) Fees . Payment of any fee required for processing of the appeal; and

(C) Public hearing . The City Council shall consider the appeal at a hearing to be held within 60 days after filing of the appeal. The decision of the City Council shall be final.

(Prior Code, § 101307) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

(A) The City Council shall, by resolution, set forth the “Development Impact Fee Deferral Program Guidelines” that establish the application process and review procedures to consider a request for a deferral of certain development impact fees for qualifying projects that would otherwise be due and payable at the time of final occupancy certification.

(B) An Impact Fee Deferral Agreement shall explicitly provide for the recordation of a lien against the real property on which the associated development project is to be located, which shall be removed upon payment in full of all deferred fees. The Development Impact Fee Deferral Program Guidelines shall set forth the following:

(1) Identify eligible projects that align with the city’s goals, including, but not limited to, housing projects that are built, owned, and managed by a government agency or a nonprofit housing organization;

(2) Limit eligible impact fees to those identified in § 33.097, however, water system improvements, storm drain facilities, and wastewater facilities impact fees shall not be eligible for the Impact Fee Deferral Program;

(3) Establish the application process and review procedures to approve, modify, or deny an application; and

(4) Develop a term for the loan with an annual simple fixed interest rate of 3% that shall be paid in full at the end of the term. Interest shall accrue starting at the commencement of the deferral period for an approved development project.

(Prior Code, § 101308) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

If the approval of a development project is required by the city to construct facilities whose costs have been included in the calculation of impact fees applicable to that project, the applicant shall receive a credit against those impact fees, up to the amount charged for the same type of facility. Should the cost of the improvements constructed by the applicant exceed the amount of impact fees charged for the same type of facility, the excess cost shall be reimbursed to the applicant from other impact fee revenues within a reasonable timeframe. To qualify for reimbursement, the applicant must execute a reimbursement agreement with the city specifying the reimbursable amount and an approximate schedule for reimbursement.

(Prior Code, § 101309) (Ord. 95-10, passed 12-4-1995; Ord. 24-07, passed 8-26-2024)

(A) The Administrative Services Director shall deposit fees collected pursuant to this subchapter in a separate fund or account and shall be used solely for the purpose of funding the public facilities and infrastructure improvements for which the fees were collected as listed in § 33.098.

(B) Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account. Funds deposited in those accounts shall be used only to pay for design and construction, including construction administration, of projects identified in resolutions adopted pursuant to § 33.099 as the basis for the impact fees, or for reimbursements as provided in § 33.103.

(Ord. 24-07, passed 8-26-2024)

The city shall prepare an annual report detailing the collection and use of development impact fees in compliance with Cal. Government Code § 66006. In addition to the annual report, the city shall conduct a review of all development impact fees every five years, as required by Cal. Government Code § 66001(d).

(A) Public availability . Both the annual and five-year reports shall be made available to the public in accordance with the requirements of Cal. Government Code § 66006.

(B) Public hearing; annual reporting . Within 180 days of the close of each fiscal year, the Administrative Services Director shall make available to the public an accounting of the funds as provided for in Cal. Government Code § 66006(b), and the City Council shall review that information at its next regular public meeting.

(C) Public hearing; five-year reporting . The City Council shall review the five-year report at a public hearing. (Ord. 24-07, passed 8-26-2024)

If fees collected are not expended or committed within the timeframe specified by the Mitigation Fee Act, the city shall refund the unexpended fees, along with any interest accrued, to the current property owner of record, in accordance with the procedures set for in Cal. Government Code § 66001, or make findings as required by that section to retain the fees.

(Ord. 24-07, passed 8-26-2024)