Mendota Municipal Code Ch. 16.36 Improvement Facility Fees for New Development

A. In order to implement the goals and objectives of the circulation, public facilities and housing elements of the Mendota general plan, and to mitigate the impacts caused by new development in the city, various public improvements must be or had to be constructed. The city council has determined that 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 the following sections, the city council has found that these fees are consistent with the general plan, and the council 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.

B. 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: 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; law enforcement facilities, equipment and training; fire prevention and suppression; park and recreational facilities; sewage treatment and disposal facilities; streets, thoroughfares, and traffic control facilities; storm drainage facilities; and water supply, treatment and storage facilities.

C. The development impact fees established in this chapter shall be collectively referred to 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 ensure that developers pay their fair share of the costs of public facilities required to serve the city's growing population.

D. The respective public facilities are currently identified in the city of Mendota Development Fee Study and Justification Report, prepared by 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 only be used for public facilities relating to the category of essential infrastructure (as defined in this chapter) for which that fee was collected.

(Ord. 03-01 § 7, 2003)

For purposes of this chapter:

"Build-out of the city" means the probable addition to the city's population and location of that population in the year 2025, assuming a 1.15 percent growth rate for the twenty-two (22) years between 2003 and 2025, based on the city's general plan growth line.

"Capital improvement plan" means a program of projects that is adopted by the Mendota city council that describes the location, size, time of availability, and estimates of cost for city facilities or improvements that will be constructed and financed by public funds.

"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 impact fee studies or public facility master plans including, but not limited to, the costs associated with the preparation of those studies, 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:

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

B. Law enforcement facilities and equipment;

C. Fire prevention and suppression equipment;

D. Parks and recreation facilities;

E. Sewage treatment and disposal facilities;

F. Streets, thoroughfares, and traffic control facilities;

G. Storm drainage facilities; and

H. Water supply, treatment and storage facilities.

"Fire prevention and suppression facilities and equipment" means any capital improvements or capital equipment related to the city fire department (or a contract agency) and the delivery of fire prevention and suppression services, based on studies adopted by the city or associated with a capital improvement plan, or any of them, to provide fire prevention and suppression services to the new development which is projected to be constructed in 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.

"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.

"Law enforcement facilities and equipment" means any capital improvements or capital equipment related to the city police department (or a contract agency) and the delivery of police services, based on studies adopted by the city or associated with a capital improvement plan, or any of them, to provide police protection services to the new development which is projected to be constructed in 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.

"Level-of-service 'C'" means a level of traffic flow and demand on a roadway system or intersection that is consistent with the definition used in Caltrans Guide for the Preparation of Traffic Impact Studies, June 2001, p. 1.

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

"Parks and recreation facilities" means public facilities that are constructed or obtained for the purpose of providing a broad scope of active or passive recreation activities to the residents of the city or to provide open space to the benefit of the residents of the city.

"Public works facilities and equipment" means any capital improvement or capital equipment related to the work of the city's public works department which is not included in either sewage treatment and disposal facilities, streets, thoroughfares and traffic control facilities, storm drainage facilities, water supply treatment and storage facilities, or parks and recreational facilities, and 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 plan, or any of them, to provide public works services to the new development which is projected to be constructed in 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.

"Related facilities" means any major landscaping, fountains, monuments, signs or similar facilities, activities and operations of a general benefit to the city which will be necessary in order to construct adequate facilities to meet the needs of new development within the city, based on studies adopted by the city or associated with a capital improvement plan, or any of them.

"Sewage treatment and disposal facilities" means all sewage treatment plants, basins for de-watering 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 plan, or any of them, to provide sewage treatment services to the new development which is projected to be constructed in the city between the effective date of the ordinance codified in this chapter and build-out of the city.

"Storm drainage facilities" means all of the storm water collection, retention and disposal facilities, including storm water mains, ditches, canals, pumps, pump stations, retention basin, detention basins and related facilities which are necessary for the purpose of collecting storm water run off and transporting it to the appropriate storm water basin as will be required, based on studies adopted by the city or associated with a capital improvement plan, or any of them, to provide storm water collection and disposal services to the new development which is projected to be constructed in the city between the effective date of the ordinance codified in this chapter and build-out of the city.

"Streets and thoroughfare fees" means the fees charged by the city relating to the city's cost of widening city streets, constructing additional lanes of travel, and other work which will be required due to new development generating additional motor vehicle trips on the city's existing network of arterial, collector and local streets including traffic control facilities, based on studies adopted by the city or associated with a capital improvement plan, or any of them. Such costs include, but are not limited to, the costs of the acquisition of additional rights-of-way, the cost of clearing, grading and paving, and the costs of necessary traffic studies to determine the timing of the construction of these facilities so that the city's traffic congestion level remains no worse than at the time of the adoption of the ordinance codified in this chapter or a level-of-service "C". The fee does not include any facilities which the developer is required to provide himself or herself which are not part of the capital improvement plan and are to be installed as part of the development improvements.

"Traffic control facilities fee" means the fees charged by the city relating to the city's 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 plan. The fee does not include any such facilities which the developer is required to provide himself or herself that are not part of the capital improvement plan and are to be installed as part of the development improvements.

"Water supply, treatment and storage facilities" means all of the domestic water production facilities, including water wells, water pumps and pump stations, 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 and/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 plan, or any of them, to provide water delivery services to the new development which is projected to be constructed in the city between the effective date of the ordinance codified in this chapter and build-out of the city.

(Ord. 03-01 § 8, 2003)

A. Development impact fees shall be collected by the city upon the issuance of all building permits, subdivisions maps, parcel maps, conditional use permits and site plan reviews, to pay for public improvements made necessary or utilized by the proposed development project subject to the provisions of Government Code Section 66007.

B. Development impact fees shall be collected for the following public improvements:

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

2. Law enforcement facilities and equipment;

3. Fire prevention and suppression equipment;

4. Park and recreational facilities;

5. Sewage treatment and disposal facilities;

6. Storm drainage facilities;

7. Streets, thoroughfares, and traffic control facilities; and

8. Water supply, treatment and storage facilities.

C. The city council is authorized to and shall adopt resolutions which set forth the specific amounts of the fees for each type of service facility in the various areas of the city, describe the benefit and impact areas on which the respective development fees are imposed, list the specific public improvements to be financed, describe the estimated costs of these respective facilities, describe the reasonable relationship between these fees and the various types of new developments, and set forth the times for payment of the fees.

D. Development impact fees shall be paid by each developer and/or property owner either prior to issuance of any building permit or prior to issuance of a certificate of occupancy for a commercial or industrial project or the respective dwelling units in a residential project.

(Ord. 03-01 § 9, 2003)

A. Pursuant to Government Code Section 66006, the city council directs that each of the fees collected pursuant to this chapter 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. Fire prevention and suppression equipment;

4. Park and recreational facilities;

5. Sewage treatment and disposal facilities;

6. Storm drainage facilities;

7. Streets, thoroughfares, and traffic control facilities; and

8. Water supply, treatment and storage facilities.

B. The funds deposited into each of the various special accounts (together with interest thereon) shall only be used to pay the public facilities costs relating to the category of improvement designated by the respective accounts. Specifically, such forms are to be used to:

1. Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 16.36.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

2. Reimburse developers who have been required or permitted by Section 16.36.040, to install such listed facilities which are oversized with supplemental size, length or capacity than required only for their own development project.

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 the 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. 03-01 § 10, 2003)

A. Whenever a developer or property owner is required, as condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 16.36.020, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services for, or mitigate the need for, the facility or the burdens created by the development.

(Ord. 03-01 § 11, 2003)

A. A developer of any project subject to the fees described in Section 16.36.020 may apply to the city council for a resolution or adjustment to those fees, or a waiver of those fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee 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 ten (10) days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. 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 for the permit application, or at a separate hearing held within sixty (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.

B. The development impact fee adopted by resolution of the city council shall be adjusted 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.

1. 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 adjustment is not deemed to be an increase in the amount of the fee and is not subject to the provisions of Section 66000 of the California Government Code.

(Ord. 03-01 § 12, 2003)

A. The city council is committed to maintaining the same level of public facilities and services and the same facilities-to-population relationship for all of the essential infrastructure 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:

1. The city council has determined that new commercial and industrial developments result in a need for additional public services that, 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 facilities, law enforcement services, fire protection and suppression 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 storm water 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 said city council as the fair share of contribution of the costs of these required facilities and services.

2. The city council has found and determined that the public interest, convenience, health, welfare and safety require that four acres of land for each one thousand (1,000) persons residing within this city shall be devoted to local public park and recreational purposes. Any capital improvement or capital equipment related to city parks and recreation facilities, which will be required 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 plan, or any of them, to provide park and recreational services to the new development which is projected to be constructed in 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 includes 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 (Cal. Gov. Code § 66477).

3. The city council has determined that residential development, including new mobile home 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, fire prevention and suppression, traffic systems including signalization, domestic water production, treatment and distribution, sewerage collection, treatment and disposal, and parks and recreation facilities based on the public facilities-to-population relationship which existed on said date, storm water 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 of these required public facilities and services.

(Ord. 03-01 § 13, 2003)

A. 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, the city engineer and such consultants as the city council determines are necessary, if any, to develop accurate costs and fees to cover new public facilities and services.

B. If the developer decides and the city agrees to the installation of any facility that is listed in the capital improvement plan and identified in the city of Mendota Development Fee Study and Justification Report, as approved by the city council, including, but not limited to, general facilities, law enforcement and facilities and equipment, fire prevention and suppression facilities and equipment, public works facilities and equipment, parks and recreation facilities, related facilities, sewage treatment and disposal facilities, streets and thoroughfares, storm drainage facilities, traffic control facilities, and water supply, treatment and storage facilities, the actual cost of the installation of the facilities may be credited against the development impact fee contained in this chapter that would be collected as a result of the development.

(Ord. 03-01 § 14, 2003)

A. 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:

1. 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 storm water facilities is not reasonable because the city has required heavy industrial development to provide for its own on-site disposal of all storm water generated on such property and, therefore, no substantial demand is placed on the city's storm water facilities as a result of industrial development. Commercial, light industrial and public facility development, including schools may use the city's storm water collection and disposal facilities and significantly impact the city's existing storm water collection and disposal systems. Because commercial, industrial, and public facility developments 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.

The drainage impact 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 plan. The fee does not include any such facilities which the developer is required to provide himself that are not part of the capital improvement plan that must be installed as part of the development improvements.

2. 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 and storage facilities, sewerage treatment and disposal, law enforcement services, fire prevention and suppression, parks and recreation facilities, streets, thoroughfares, and traffic control facilities, storm water collection and disposal, and general government facilities is reasonable because growth in residential population places additional demands on all such facilities.

3. The city council finds that the use of the fee generated from residential, commercial, industrial, and public facility development for streets, thoroughfares, and traffic control facilities is reasonable because growth in residential population, new commercial and industrial development generate additional vehicle trips from employees, delivery of materials and/or products, and shipping of finished or semi-finished products places additional demands on the streets, thoroughfares, and traffic control facilities in the city.

4. 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 plan maintains an acceptable level of service for existing and new development, 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 plan is warranted and justified.

(Ord. 03-01 § 15, 2003)

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

A. The development activity does not result in an alteration which increases the floor area of a structure; or

B. The development activity is 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. 03-01 § 16, 2003)

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; and

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 city council, and 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 that 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 basis to determine whether any adjustments in the fee formulae are warranted.

(Ord. 03-01 § 17, 2003)