Huron Municipal Code Ch. 3.02 Development Impact Fees

A. The city council hereby creates and establishes development impact fees for the City which shall be used to mitigate adverse impacts to public facilities attributed to new development in each of the following categories: (1) general facilities and equipment necessary for the administration of the City which are not listed in any one of the other categories of essential infrastructure; (2) law enforcement facilities, equipment and training; (3) recreational facilities; (4) sewage treatment and disposal facilities; (5) traffic control facilities; (6) storm drainage facilities; and, (7) water supply treatment and storage facilities.

B. For convenience, all of the development fees so established shall be referred to in this chapter in the singular, as "the fee." Specifically, the fee shall be used by the City to pay a portion of the costs of designated public facilities impacted by new development. The fee shall be based on a method designed to insure that developers pay their fair share of the cost of such public facilities required to serve the City's growing population.

C. Such public facilities are currently identified in the City of Huron Development Fee Study and Justification Report, prepared the city engineer and city manager's office. Facilities may be added to or deleted from the report and subsequent capital improvement plans (CIP), but the city council directs that the fee shall be used only for public facilities in any one of the categories of essential infrastructure (as that term is defined in this chapter) for which that fee was collected.

D. Fees charged by the City for connection to the water or wastewater systems shall remain as currently adopted in Chapters 13.08 and 13.12 of the Huron Municipal Code. Such connection service charges are not considered development impact fees and subject to Section 66000 of the California Government Code.

(Ord. 325 § 1 (part), 1999)

For purposes of this chapter, the following words shall have the meanings indicated in this section.

"Build out of the City" means assuming a three percent growth rate for the twenty-two (22) years between 1998 and 2020, based on the City's general plan growth line, the probable addition to the City's population and location of that population in the year 2020.

"Costs of public facilities" means any costs related to the acquisition, construction and/or financing of public facilities and/or equipment funded through the City's CIP and/or the subject of the development fee studies or public facility master plans, including but not limited to the costs associated with the preparation of those studies, the ordinance codified in this chapter and the fee resolution necessary to implement the ordinance codified in this chapter.

"Essential infrastructure" means each of the following, including any related facilities:

1. General facilities necessary for the administration of the City which are not listed in any one of the other categories of essential infrastructure;

2. Law enforcement facilities and equipment;

3. Recreation facilities (which does not include dedication of parklands pursuant to the Subdivision Map Act;

4. Sewage treatment and disposal facilities;

5. Traffic control facilities;

6. Storm drainage facilities;

7. Water supply treatment and storage facilities.

"General facilities" means the additional space at City Hall, City offices located elsewhere, City parking areas, and similar facilities, along with necessary equipment in or through which the City conducts general City operations, that will accommodate the growth in City government which is projected to come into the City between the effective date of the ordinance codified in this chapter and build out of the City at a level which is comparable to the level currently provided to the existing residents of the City. If the developer decides and the City agrees to acquire equipment or install facilities that are part of the capital improvement program, the actual cost of the equipment or installation of facilities may be credited against the development fee for general facilities and other development fees contained in this chapter that would be collected as a result of the development.

"Law enforcement facilities and equipment" means any capital improvements or capital equipment related to the City police department and the delivery of police services, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide police protection services to the new development which is projected to come into the City between the effective date of the ordinance codified in this chapter and build out of the City at a level which is comparable to the level currently provided to the existing residents of the City. If the developer decides and the City agrees to acquire equipment or install facilities that are part of the capital improvement program, the actual cost of the equipment or installation of facilities may be credited against the development fee for law enforcement facilities and equipment and other development fees contained in this chapter that would be collected as a result of the development.

"New development" means any residential, commercial or industrial development which occurs in the City after the effective date of the ordinance codified in this chapter and/or any amendment to the ordinance codified in this chapter, including but not limited to development on any so-called "in-fill" lots to the extent the resolution implementing the ordinance codified in this chapter determines that such fees are applicable to "in-fill" lots.

"Recreation facilities" means any capital improvement or capital equipment related to the City park and recreational facilities, which will be required either to improve and/or expand existing facilities or to construct new facilities, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide park and recreational services to the new development which is projected to come into the City between the effective date of the ordinance codified in this chapter and build out of the City at a level which is comparable to the level currently provided to the existing residents of the City. This fee does not include the estimated cost for the acquisition of the land for new parks. The requirement for dedication of land for parks is subject to the Subdivision Map Act (Section 66477) and Chapter 16.32 of this code, and requires new development to provide land (or a fee in lieu of land) at a level of four acres per one thousand (1,000) of population generated by new residential development as required in Section 16.32.020(B). If the developer decides and the City agrees to acquire equipment or install facilities that are part of the capital improvement program in a park, the actual cost of the equipment or installation of facilities may be credited against the development fee for recreation facilities and other development fees contained in this chapter that would be collected as a result of the development.

"Sewage treatment and disposal facilities" means all of the sewage treatment and disposal facilities, including sewage treatment plants, basins for dewatering treated or partially treated sewage, sludge drying beds, sludge storage and transportation facilities, any land acquired by the City for the purpose of treating or disposing of water which is the byproduct of the treatment of sewage, and related facilities which are necessary for the purpose of treating domestic sewage as will be required by the City, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide sewage treatment services to the new development which is projected to come into the City between the effective date of the ordinance codified in this chapter and build out of the City. If the developer decides and the City agrees to the installation of facility that is part of the capital improvement program, the actual cost of the installation of the facility may be credited against the development fee for sewage treatment and disposal facilities and other development fees contained in this chapter that would be collected as a result of the development.

"Storm drainage facilities" means all of the stormwater collection, retention and disposal facilities, including stormwater mains, ditches, canals, pumps, pump stations, retention basin, detention basins and related facilities which are necessary for the purpose of collecting stormwater runoff and transporting it to the appropriate stormwater basin as will be required, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide stormwater collection and disposal services to the new development which is projected to come into the City between the effective date of the ordinance codified in this chapter and build out of the City. The fee is not applied to heavy industrial types of uses because such uses are required to construct on-site drainage facilities and will not use facilities contained in the capital improvement program. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement program that must be installed as part of the development improvements. If the developer decides and the City agrees to the installation of a facility that is part of the capital improvement program, the actual cost of the installation of the facility may be credited against the development fee for storm drainage facilities and other development fees contained in this chapter that would be collected as a result of the development.

"Traffic control facilities" means the cost of acquiring, installing, wiring and regulating traffic signals, traffic signs and any other traffic control devices which will be required to regulate the flow of motor vehicle traffic due to new development generating additional motor vehicle trips on the City's existing network of arterial, collector and local streets, based on studies adopted by the City or associated with a capital improvement program. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement program that must be installed as part of the development improvements. If the developer decides and the City agrees to the installation of a facility that is part of the capital improvement program, the actual cost of the installation of the facility may be credited against the development fee for traffic control facilities and other development fees contained in this chapter that would be collected as a result of the development.

"Water supply treatment and storage facilities" means all of the domestic water production facilities, including water uptake, water pumps and pump stations, canal structures, major transmission lines from the point of uptake and any water treatment facilities or associated treatment equipment or monitoring devices or equipment, and related facilities which are necessary for the purpose of supplying domestic water to any water treatment or storage facility for the storage of domestic water for consumption or fire flow reserves, and related facilities for the production of domestic water as may be required, based on studies adopted by the City or associated with a capital improvement program, or any of them, to provide water delivery services to the new development which is projected to come into the City between the effective date of the ordinance codified in this chapter and build out of the City. If the developer decides and the City agrees to the installation of a facility that is part of the capital improvement program, the actual cost of the installation of the facility may be credited against the development fee for water supply treatment and storage facilities and other development fees contained in this chapter that would be collected as a result of the development.

(Ord. 325 § 1 (part), 1999)

For all of the essential infrastructure the city council is committed to maintaining the same level of public facilities and services and the same facilities-to-population relationship which existed on the date of the most recent amendment of this chapter in order to ensure that, to the extent that growth of the City occurs in the future, there will be an adequate level of public facilities and services. The city council finds that a reasonable relationship exists between the need for additional public facilities, equipment and operations which the fee is designed to pay, and the type of development project for which the fee is imposed for the following reasons:

A. The city council has determined that new commercial and industrial developments result in a need for additional public services which, in turn, ultimately result in a need for additional government and public facilities for essential infrastructure and related facilities. Based on the level of public services and public facilities-to-population relationship for government and law enforcement services which existed on the date of the adoption and amendment of this chapter, the generation of traffic from consumers and/or employees based on the type of commercial or industrial use, the consumption of domestic water and production of wastewater based on average demand of similar or existing commercial or industrial uses, and the amount of stormwater runoff generated by the installation or construction of impermeable surfaces, the city council determines that commercial and industrial development should be assessed fees at rates to be established by resolution of the city council as the fair share of contribution of the costs of these required facilities and services.

B. The city council has determined that residential development, including new mobilehome park development, results in significant increases in City population and that such residential development adversely affects the public facilities-to-population relationship which existed on the date of the adoption and amendment of this chapter. The city council has further determined that because residential development results in significant increases in population, such development results in the need for essential infrastructure and related facilities including but not limited to general government facilities, law enforcement facilities, traffic systems including signalization, domestic water production and distribution, wastewater collection, treatment and disposal, and parks and recreation facilities based on the public facilities-to-population relationship which existed on such date, stormwater collection and disposal facilities based on the average amount of impermeable surface constructed for new residential development, residential development shall be assessed a fee at the rate established by resolution of the city council for the costs for these required public facilities and services.

(Ord. 325 § 1 (part), 1999)

The fee shall be adopted by resolution of the city council and shall be adjusted by resolution from time to time but not less than annually, subject to city council review and approval, after a noticed public hearing, to reflect changes in costs as determined by the city manager in a written report. The fee established by resolution of the city council shall be adjusted on an annual basis in an amount equal to change in the national average construction cost index as published by the Engineering News Record. Such adjustments are not deemed an increase in the amount of the fee and subject to the provisions of Section 66000 of the California Government Code.

(Ord. 325 § 1 (part), 1999)

The city council finds that there is a reasonable relationship between the amount of the fee set by resolution of the city council and the cost of the public facilities or portions thereof attributable to the new development on which the fee is imposed. The basis for such determination is set out in reports to the city council from the city manager, the city planner and the city engineer and such consultants as the city council determines are necessary, if any, to develop accurate costs and the fee to cover new public facilities and services.

(Ord. 325 § 1 (part), 1999)

The city council finds that there is a reasonable relationship between the use of the fee for specified categories of public facilities and the type of development project for which the fee is imposed for the following reasons:

A. The city council finds that the imposition of the fee on commercial and industrial development for parks and recreation facilities is not reasonable because the city council determines that there is no substantial demand placed on such facilities as a result of new commercial, industrial and public facility development. The city council finds further that the use of the fee generated from heavy industrial development for stormwater facilities is not reasonable because the City has required heavy industrial development to provide for its own on-site disposal of all stormwater generated on such property no substantial demand is placed on the City's stormwater facilities as a result of industrial development. Commercial, light industrial and public facility development, including schools may use the City's stormwater collection and disposal facilities and significantly impact the City's existing stormwater collection and disposal systems. Because commercial, industrial, public facility developments do increase demand on all other essential infrastructure and related facilities, the city council finds that the use of the fee generated from commercial and industrial development for such facilities is reasonable.

B. The city council finds that the use of the fee generated from new residential development for all essential infrastructure and related facilities, including but not limited to water supply treatment facilities, wastewater treatment and disposal, law enforcement services, parks and recreation facilities and stormwater collection and disposal, and general facility fees, is reasonable because growth in residential population places additional demands on all such facilities.

C. The city council further finds that funding of the costs of essential infrastructure, including capital equipment based on studies adopted by the City or associated with a capital improvement program accomplishes the goals and purposes set forth in subsections A and B of this section and that the use of revenues generated by the fee for projects and outlays set forth in studies adopted by the City or associated with a capital improvement program is warranted and justified.

(Ord. 325 § 1 (part), 1999)

A. Any owner or developer applying for a building permit for commercial or industrial development shall be assessed and shall pay the fee in conjunction with payment for the building permit subject to the provisions of Government Code Section 66007.

B. Any owner or developer of a residential development shall pay the fee on the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. In the case of parcel maps or subdivisions, the fee shall be paid on a lump sum basis, as follows:

1. When the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first, that portion of the fee shall be paid which represents payment for each of the following: general facilities; law enforcement facilities; public works facilities.

2. As a condition of filing the final subdivision map, that portion of the fee shall be paid which represents payment for each of the following: recreation facilities; sewage treatment facilities; streets and thoroughfares; stormwater collection and disposal facilities; traffic control facilities; and water supply treatment facilities.

(Ord. 325 § 1 (part), 1999)

Any owner or developer engaging in development activities which satisfy the following criteria shall not be required to pay the fee:

A. An alteration which does not increase the floor area of a structure; or

B. An addition to a single-family residential dwelling unit which does not constitute the addition of a dwelling unit as defined by the Uniform Building Code.

(Ord. 325 § 1 (part), 1999)

A. Pursuant to Government Code Section 66006, the city council directs that each of the fees collected hereunder shall be maintained in a fund separate from the City's general fund and separate from each other in the following special accounts:

1. General facilities necessary for the administration of the City;

2. Law enforcement facilities and equipment;

3. Recreational facilities;

4. Sewage treatment facilities;

5. Storm drainage facilities;

6. Traffic control facilities;

7. Water supply treatment and storage facilities.

B. The City shall use the funds so deposited into these special accounts (along with interest earnings thereon) for the costs of public facilities as specified herein and only for the category of improvements for which the funds were deposited in that particular account.

C. If the fee paid by an owner or developer for a particular development has been retained by the City for five or more years, and City has not committed that fee to costs for public facilities, then the city council shall make findings describing the continuing need to retain the fee each fiscal year thereafter. If the city council does not make such findings, then the City shall refund the collected fees as appropriate, along with the interest, if any, which those funds have generated since they were collected.

(Ord. 325 § 1 (part), 1999)

A. Each year, during the budget review process, the city council shall review the status of compliance with this chapter and the degree to which fees collected pursuant to this chapter are mitigating the impacts of new industrial, commercial and residential development projects and new development entitlements.

B. For each of the accounts established by this chapter, the City shall, within sixty (60) days after the close of each fiscal year, make available to the public all of the following information:

1. The beginning and ending balance for the fiscal year in that account;

2. The fee, interest and other income to that account for the fiscal year;

3. The amount of expenditure by line item category from that account during the fiscal year;

4. The amount of refunds made pursuant to Section 66001(e) of the Government Code out of that account during the fiscal year.

C. The city council shall review the information described in subsection B of this section at the next regularly scheduled public meeting of the council, not less than fifteen (15) days after the information required by that subsection is made available to the public.

D. Five years after the effective date of the ordinance which adopted this chapter, the city council shall consider a report by the city administrator reviewing the fee formulae established to implement the provisions of this chapter and their bases to determine whether any adjustments in the fee formulae are warranted.

(Ord. 325 § 1 (part), 1999)