Hemet Municipal Code Div. 1 Capital Facility Fees

In order to implement the goals and objectives of the general plan of the city and to mitigate the impacts caused by new development in the city upon public facilities, certain public facilities must be constructed. The city council has determined that capital facility development impact fees are needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fees described in this division, the city council has found the fees are consistent with its general plan, and, pursuant to Government Code § 65913.2, has considered the effects of the fees with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. No. 1354; Code 1984, § 4750)

Where permitted by law, the capital facility fees established pursuant to this division are hereby established on issuance of all building permits for development in the city to pay for such public facilities. The city council shall, in a council resolution, set forth the specific amount of the fees to be imposed. The resolution will refer to a capital facility plan document which will list the public improvements to be financed, describe the estimates cost and describe the reasonable relationship between this fee and the various types of new development. As described in the fee resolution, this development fee shall be paid by each developer, either prior to the issuance of building permits or prior to the issuance of a certificate of occupancy for commercial or industrial projects or the respective dwelling units in a residential project, depending upon the applicability of Government Code § 66007. The city council shall review these fees from time to time to determine whether the fees amounts are reasonably related to the impacts of development and whether the specific public facilities are still needed.

(Ord. No. 1354; Code 1984, § 4751; Ord. No. 1639, § 1, 1-23-01)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(1) Pay for the city's future construction of facilities described in the resolution enacted pursuant to section 58-62 above, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or

(2) Reimburse developers who have been required or permitted by section 58-64 to install such listed facilities which are oversized with supplemental size, length or capacity.

(Ord. No. 1354; Code 1984, § 4752; Ord. No. 1639, § 1, 1-23-01)

Whenever a developer is required, as a condition of approval of a development project, to construct a public facility or provide vehicles and equipment described in a resolution adopted pursuant to section 58-62, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a credit against the fee which would otherwise be charged pursuant to this division on the development project shall be granted. The credit toward development fees shall not exceed the amount of the original fee.

(Ord. No. 1354; Code 1984, § 4753; Ord. No. 1639, § 1, 1-23-01)

Whenever a developer is required by conditions of approval to a tentative tract map or a tentative parcel map to provide and dedicate to the city improvements installed by the developer for the benefit of the subdivision which are supplemental in size, capacity, number or length and which benefit property not within the subdivision, the city shall enter into an agreement to reimburse the developer for that portion of the cost of such improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at the time of development. The city shall take all necessary steps to identify the properties which will be benefited by the oversized facilities and a reimbursement fee established and terms for reimbursement set forth.

(Ord. No. 1639, § 1, 1-23-01)

Editor's note— Ord. No. 1639, § 1, adopted Jan. 23, 2001, renumbered the former § 58-65 as § 58-66 and enacted a new § 58-65 as set out herein. The reference notation has been retained with the amended provisions for historical purposes.

A developer of any project subject to the fee described in section 58-62 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the fee or fees and impacts of that development and either the amount of the fee to be charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than (1) ten days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, then the time for application shall be not later than ten days prior to the building permit application. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 1354; Code 1984, § 4754; Ord. No. 1639, § 1, 1-23-01)

Editor's note— See the editor's note to § 58-65.

Notwithstanding the provisions of section 58-65, pursuant to provisions of Government Code § 65864 et seq., the city may enter into a development agreement with a developer which includes provisions for reimbursement of the developer over time for the cost of financing public facilities. In the event a development agreement is entered into providing for such reimbursement in accord with applicable statutory terms, no additional reimbursement shall be due or payable to any developer for construction of public improvements required by this chapter.

(Ord. No. 1639, § 1, 1-23-01)