Mountain View Municipal Code Art. 2 East Whisman Precise Plan Development Impact Fee

This article is enacted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.) and the charter city authority provided by the Constitution of the State of California.

(Ord. No. 8.22, § 2, 6/14/22.)

a. The purpose of this article is to impose fees upon development projects in the East Whisman Precise Plan Area that fully or partially offset the costs of public transportation, potable water, sewer and recycled water facilities within or serving the East Whisman Precise Plan Area that are needed to serve demand created by that development project. The amount of fees will not include the costs attributable to demand generated by existing development or the costs attributable to existing deficiencies in public facilities.

b. The fees imposed by this article do not replace the need for all site-specific improvements that may be needed to mitigate the impact of specific projects upon the city's infrastructure.

c. The types of improvements for which the fees imposed by this article can be used are identified in the East Whisman Precise Plan Development Impact Fee Nexus Study and the city's capital improvement program, as each has been adopted and may be amended from time to time. The improvements funded by the fees imposed by this article are not duplicative of the improvements funded from other citywide impact mitigation fees charged upon new development. For example, while property may be subject to both the transportation impact fee imposed by this article and a citywide transportation impact fee, the transportation impact fee imposed by this article will fund improvements of a more local nature that are generally designed to facilitate trips that begin or end within the East Whisman Precise Plan Area and connect with the citywide system of improvements that is funded by the citywide impact fee.

(Ord. No. 8.22, § 2, 6/14/22.)

In addition to the definitions set forth in Section 47.3 of this chapter, the following terms shall have the following meanings in this article:

"EWPP area" means the territory of the City of Mountain View that is subject to the East Whisman Precise Plan.

"EWPP Nexus Study" means the nexus study approved by the city council for the fees imposed by this article, including such amendments to such study that may be subsequently adopted.

(Ord. No. 8.22, § 2, 6/14/22.)

Except as otherwise provided in this article, the following fees are hereby imposed upon the developer of each development project in the EWPP area as a condition of development:

a. East Whisman Transportation Facilities impact fee.

b. East Whisman Potable Water Facilities impact fee.

c. East Whisman Sewer Facilities impact fee.

d. East Whisman Recycled Water Facilities impact fee.

(Ord. No. 8.22, § 2, 6/14/22.)

a. The rate of each fee shall be set by the city council by ordinance or resolution. At the time it sets a rate, the city council shall make each of the findings required by Section 66001(a) of the California Government Code.

b. The rate may be adjusted as part of the city's annual budget process by the percentage change in the San Francisco Engineering News-Record Construction Cost Index (ENR-CCI) for the previous year or successor or subsequently identified index.

(Ord. No. 8.22, § 2, 6/14/22.)

a. The following accounts or funds shall be established:

1. East Whisman Transportation Facilities impact fee fund.

2. East Whisman Potable Water Facilities impact fee fund.

3. East Whisman Sewer Facilities impact fee fund.

4. East Whisman Recycled Water Facilities impact fee.

b. When the city receives payment of a fee pursuant to this article, that payment shall be deposited in the appropriate account or fund established pursuant to this section in a manner that avoids any commingling of the fees with other revenues and funds of the city, except for temporary investments.

c. Any interest income earned by moneys in an account or fund established pursuant to this section shall also be deposited in that account or fund.

d. Moneys in the East Whisman Transportation Facilities impact fee fund shall be expended by the city only for local transportation facilities serving the EWPP area, as described in the EWPP Nexus Study.

e. Moneys in the East Whisman Potable Water Facilities impact fee fund shall be expended by the city only for potable water facilities serving the EWPP area, as described in the EWPP Nexus Study.

f. Moneys in the East Whisman Sewer Facilities impact fee fund shall be expended by the city only for sewer facilities serving the EWPP area, as described in the EWPP Nexus Study.

g. Moneys in the East Whisman Recycled Water Facilities impact fee shall be expended by the city only for recycled water facilities serving the EWPP area, as described in the EWPP Nexus Study.

h. In addition to the uses set forth in this section, moneys in the funds created by this section may be used to fund costs associated with the administration of this article, including any activity required to establish or set the rates of any fee established by this article.

(Ord. No. 8.22, § 2, 6/14/22.)

The provisions of Article I of this Chapter 47 shall apply to any fee imposed by this article, except to the extent such provision is inconsistent with a provision of this article.

(Ord. No. 8.22, § 2, 6/14/22.)

The following are exempt from any fee imposed by this article:

a. Government and nonprofit facilities. Public park facilities and buildings which are owned and at least seventy-five (75) percent occupied by governmental or nonprofit agencies and organizations.

b. Affordable housing. Because affordable housing is an important community need, the affordable housing units included in new development projects shall not be included in the total number of dwelling units used to calculate the fee. This exemption shall not include affordable housing units in otherwise market-rate developments, provided pursuant to density bonus law (under state law and as set forth in Chapter 36, Article IV, Division 11 of the City Code).

c. Neighborhood commercial. Neighborhood commercial uses, as defined in the East Whisman Precise Plan, and which may include retail, restaurants, recreation, personal services and similar neighborhood-serving commercial uses. This exemption shall only apply to properties with recorded agreements to identify use of the space for qualified businesses or uses, pursuant to the Precise Plan.

d. Accessory dwelling units, as defined in Chapter 36.

e. Temporary uses, as defined in Chapter 36.

f. Parking structures.

g. Residential additions where no new dwelling units are created.

h. Interior remodels and tenant improvements where no new dwelling units, hotel or motel rooms, or non-residential gross square footage are created and where no change of use is occurring.

i. Repair or replacement of a structure, where no new dwelling units, hotel or motel rooms, or non-residential gross square footage are created and where no change of use is occurring.

(Ord. No. 8.22, § 2, 6/14/22.)