Modesto Municipal Code Art. 9 Capital Facilities Fee

This article shall be known and cited as the "Capital Facilities Fee" ordinance of the City of Modesto.

(Added by Urgency Ord. 2520-C.S., § 1; extended by Urgency Ords. 2531-C.S., § 1, and 2537-C.S., § 1; made permanent by Ord. 2521-C.S., § 1, effective 8-6-87)

The City of Modesto has experienced a one hundred ninety-one (191) per cent increase in population between 1960 and 1980, and this trend in rapid growth is continuing. Furthermore, past infrastructure funding sources such as property taxes and Federal Revenue Sharing funding have been substantially reduced so that current funding sources are no longer adequate. Since new development generates a need for new infrastructure such as parks, roads, traffic signals, police, fire, senior citizen services and city hall expansion, it has been determined that development should pay a portion of the costs of this infrastructure. The provisions of this article are adopted to promote the public health, safety, peace, morals, comfort, convenience and general welfare of the citizens of the City of Modesto and to implement the goals and objectives of the General Plan of the City of Modesto. Particularly, the provisions of this article are adopted for the following reasons:

(a) To provide an adequate and constant method for the financing of the unfunded portion of needed Capital Improvements throughout the City, reasonably related to projected community growth.

(b) To promote the orderly and efficient expansion of public improvements to adequately meet the domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development.

(c) To ensure the continuation of necessary services, including, but not limited to, police, fire and general administrative services.

(d) To establish equitable methods for minimizing public facility and service costs to the City associated with new development.

(Added by Urgency Ord. 2530-C.S., § 1; extended by Urgency Ords. 2531-C.S., § 1, and 2537-C.S., § 1; made permanent by Ord. 2521-C.S., § 1, effective 8-6-87)

For the purposes of this chapter and for the purposes of all resolutions adopted pursuant to Section 8-1.904, the term "capital facilities fee" shall mean the fee charged new construction, including, in some cases, the expansion of and/or the addition to an existing structure, to mitigate an unfunded portion of the determined impact of the development.

(Added by Urgency Ord. 2520-C.S., § 1; extended by Urgency Ords. 2531-C.S., § 1, and 2537-C.S., § 1; made permanent by Ord. 2521-C.S., § 1, effective 8-6-87; amended by Ord. 2541-C.S., § 1, and Ord. 2695-C.S., § 1, effective 1-20-90)

A Capital Facilities Fee, as established from time to time by the City Council by resolution, shall be due and payable at the time a building permit is issued, unless otherwise approved by Council resolution. The decision of the Chief Building Official as to the type of use for fee assessment purposes shall be final.

(Added by Urgency Ord. 2520-C.S., § 1; extended by Urgency Ords. 2531-C.S., § 1, and 2537-C.S., § 1, made permanent by Ord. 2521-C.S., § 1, amended by Ord. 3281-C.S., § 1, effective 3-31-03)

(Added by Urgency Ord. 2520-C.S., § 1; extended by Urgency Ords. 2531-C.S., § 1, and 2537-C.S., § 1; made permanent by Ord. 2521-C.S., § 1, effective 8-6-87; amended by Ord. 2548-C.S., § 1; repealed by Ord. 2653-C.S., § 1, effective 4-6-89)