Mountain View Municipal Code Art. I General Provisions

This article may be referred to as the City of Mountain View Precise Plan Impact Fee Administration Ordinance.

(Ord. No. 8.22, § 2, 6/14/22.)

a. The provisions of this Article I apply to any fee imposed by any article of this Chapter 47, unless such article specifically provides that the provisions of this Article I do not apply to said fee.

b. In the event the article imposing a fee contains provisions that directly contradict a provision of this Article I, such contradictory language in the article imposing the fee shall govern.

(Ord. No. 8.22, § 2, 6/14/22.)

The following terms shall have the following meanings:

"Developer" means the owner of land that is to be developed as part of a development project.

"Development project or project" means a construction or reconstruction project that requires a zoning permit or building permit under this Code.

"Dwelling units" defined as in Chapter 36.

"Existing land use" means a site's legally existing improvements, uses and characteristics (such as gross floor area, dwelling units, and hotel or motel rooms) at the time of submission of a complete and adequate application for a zoning permit (or for a building permit if no zoning permit is required). A site's legally existing improvements, use and characteristics include legally existing improvements, uses and characteristics that were demolished not more than one (1) year prior to the filing of the applicable complete and adequate application and have not yet been replaced.

"Fee" means any fee to which the provisions of this Article I apply pursuant to subsection 47.2.a. of this article. For purposes of this chapter, each fee for which a separate fund is established shall be considered a separate fee; for example, if an article creates a transportation impact fee for a precise plan area, and also creates a sewer impact fee for that same precise plan area, the transportation impact fee and the sewer impact fee shall be considered separate fees.

"Gross floor area" defined as in Chapter 36.

"Public facilities or facilities" shall have the meaning set forth in Section 66000(d) of the California Government Code.

"Public improvement or improvement" means any physical improvement or land needed for a public purpose, including, for example, streets, intersections, sidewalks, bikeways, pedestrian and bicycle bridges, transit stops, potable and recycled water pipes, sewer pipes, storage tanks, pumps and other equipment. The cost of an "improvement" also includes the architectural, administrative, engineering, legal, planning, environmental and other costs required in connection with the construction, acquisition or improvement of the improvement.

"Zoning permit" means any of the discretionary permits included in Chapter 36.

(Ord. No. 8.22, § 2, 6/14/22.)

Except as specifically provided in this Code, payment of any fee shall not be interpreted to exempt any developer or other person from any requirement otherwise imposed upon that person by or pursuant to this Code or other applicable law. For example, the fees do not replace other subdivision map exactions or other measures required to mitigate site-specific impacts of a development project, including, but not limited to, mitigations pursuant to the California Environmental Quality Act (CEQA); regulatory and processing fees; fees required pursuant to a development agreement; citywide impact fees; community benefits; funds collected pursuant to a reimbursement agreement that exceed the developer's share of public improvement costs; or assessment district proceedings, benefit assessments, or taxes. Similarly, the fees are not intended to replace or limit requirements to provide mitigation of impacts not mitigated by the fee and created by a specific project; or requirements imposed upon development projects as part of the development review process; or site-related improvements, including, but not limited to, required dedications in fee or easement, utility work, or improvements necessary to serve the site; or community benefits.

(Ord. No. 8.22, § 2, 6/14/22.)

a. Except as otherwise provided in this section, each fee shall be paid prior to the issuance of a building permit for the development project. The city shall not issue a building permit for a development project unless the fees have been paid. If no building permit is required, the fee shall be paid before a conversion of use of an existing building may take place.

b. The fees for a development project shall be calculated at the time of payment based on the rate then in effect, unless the use of a lower rate has vested for the project under applicable law.

c. If applicable state law does not permit the city to require payment of the fees for a development project on the schedule set forth in subsection a of this section, then the fees for that development project shall be paid on the earliest possible schedule that the city is permitted to require such payment under state law. If payment is to be delayed pursuant to this subsection (c), the city shall not issue a building permit to the developer until: (1) the developer and the city enter into a contract for delayed payment as authorized by Section 66007(c) of the California Government Code; (2) such contract is recorded in the manner set forth in that section; and (3) unless the developer is specifically exempt from such requirement under state law, the developer posts a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of the fees.

(Ord. No. 8.22, § 2, 6/14/22.)

Where the development project involves the replacement of an existing land use, the developer shall be entitled to a credit against each fee. A separate credit shall be calculated for each fee to which this section applies. Each credit shall be equal to the fee that would be charged for the development of the existing land use to be replaced, calculated at the rate in effect at the time of payment, unless the use of a lower rate has vested for the project under applicable law. In no event shall: (i) the amount of the credit reduce a fee for the development project below zero dollars; (ii) a credit for one (1) development project be applied against a different development project; or (iii) a credit for one (1) fee (for example, a precise plan transportation improvements fee) be applied against another fee (for example, a precise plan sewer improvements fee) charged to the same development project, even if both fees are imposed pursuant to the same article of this chapter. All development projects that are a part of a single master plan approved by the city council shall be treated as a single-development project for purposes of the previous sentence. For reference, master plan, as used in this section, is intended to mean a plan, designated a master plan by the city council, that is subordinate to a precise plan and is adopted prior to, or concurrent with, the issuance of zoning permits for the purpose of achieving key precise plan objectives, such as creating new publicly accessible streets, while allowing projects flexibility and an administrative process focusing on key development objectives.

(Ord. No. 8.22, § 2, 6/14/22.)

a. The city may, but is not required to, enter into an improvement agreement with a developer pursuant to which the developer will construct, pursuant to city standards and requirements, one (1) or more public improvements that would otherwise be eligible for funding with the proceeds of a fee, and receive a fee credit as described in this section.

b. The credit amount shall be the engineering and construction costs that would be reasonably incurred by the city in building the public improvement and shall not exceed the amount set forth in the improvement agreement.

c. The credit will be available to the developer upon execution of a binding improvement agreement.

d. The credit may be applied only to the fee that would otherwise be eligible to fund the public improvement. For example, a credit awarded for construction of a transportation facility serving a precise plan area may be applied only against the transportation facilities impact fee for that precise plan area.

e. The improvement agreement must be approved by the city manager and may include any additional terms as the city manager finds to be necessary or useful.

(Ord. No. 8.22, § 2, 6/14/22.)

Appeals of fee conditions made by the zoning administrator shall be filed in accordance with Section 36.56. The city council shall hold a public hearing to consider any appeals in accordance with the procedures of Section 36.56.

(Ord. No. 8.22, § 2, 6/14/22.)

If a building permit or use permit expires, is canceled or is voided and any fees paid pursuant to this chapter have not been expended, no construction has taken place and the use has never occupied the site, the public works director may, upon the written request of the applicant, order return of the fee, less administrative costs.

(Ord. No. 8.22, § 2, 6/14/22.)

The public works director may promulgate such interpretive regulations for the application of this chapter as the public works director finds necessary or useful.

(Ord. No. 8.22, § 2, 6/14/22.)

Prior to the approval of any improvement to be funded with fees pursuant to this chapter, all necessary environmental review required by the California Environmental Quality Act (CEQA) shall be completed. Adoption of these fees in no way limits the city's discretion in completing environmental review of the planned improvements. The planned improvements may be modified to provide for the use of additional federal, state and local funds; to account for unexpected revenues, whether greater or lesser; to modify, add or delete a project or program from city plans, consistent with the Mitigation Fee Act; to maintain consistency with the city's general plan; or to take into consideration unforeseen circumstances, including, without limitation, circumstances that may come to light as a result of subsequent CEQA environmental review.

(Ord. No. 8.22, § 2, 6/14/22.)