Oakdale Municipal Code Art. IX East F Street Corridor Specific Plan Infrastructure Fee

[Added 4-20-2020 by Ord. No. 1273]

Pursuant to Government Code Section 66001, and further justified by the Financing Plan, a reasonable relationship exists between the East F Street Corridor Specific Plan Infrastructure Fee incorporated herein and the types of development projects in the Specific Plan Area on which the fees may be imposed. Revenue collected from the East F Street Corridor Specific Plan Infrastructure Fee will be used for the acquisition, installation, and construction of the infrastructure improvements benefitting the Specific Plan Area identified in the Financing Plan, or to reimburse Developer for the installation and construction of said infrastructure improvements.

[Added 4-20-2020 by Ord. No. 1273]

The East F Street Corridor Specific Plan Infrastructure Fee is established to equitably distribute the burden of financing public infrastructure improvements within the Specific Plan Area. Applicants who develop property within the Specific Plan Area, as described in Exhibit A ("Plan Area Fee Map Related to the East F Street Corridor Specific Plan"),[1] shall be subject to the East F Street Corridor Specific Plan Infrastructure Fee. The City Manager or his or her appointee shall impose the East F Street Corridor Specific Plan Infrastructure Fee consistent with Exhibit B ("Infrastructure Fee Related to the East F Street Corridor Specific Plan").

Water:

Sewer:

Storm:

Circulation:

[1]

Editor’s Note: Exhibit A, Plan Area Fee Map – East F Street Corridor Specific Plan, may be found as an attachment to this chapter.

[Added 4-20-2020 by Ord. No. 1273]

The East F Street Corridor Specific Plan Infrastructure Fee shall annually adjust based on general changes in construction costs over the prior year. To ensure the East F Street Corridor Specific Plan Infrastructure Fee does not collect less than is needed as facility costs rise due to inflation, the City Council may authorize escalation of the East F Street Corridor Specific Plan Infrastructure Fee each year based on the Engineering News-Record 20-City Construction Cost Index. In addition, the burden of financing infrastructure improvements in the Specific Plan Area may shift based on future changes to land use, public facility demands and standards, and cost estimates within the Specific Plan Area. Therefore, City staff may report to the City Council at least once every year, or more frequently as needed, to request the City Council adjust the East F Street Corridor Specific Plan Infrastructure Fee consistent with the Financing Plan.

[Added 4-20-2020 by Ord. No. 1273]

An administrative component shall be incorporated into the East F Street Corridor Specific Plan Infrastructure Fee to cover the ongoing costs of administering the East F Street Corridor Specific Plan Infrastructure Fee. Such costs include, but are not limited to, the calculation and collection of the fees, tracking of deposits, preparation of the required reports, and fee adjustments. The administrative component shall be equivalent to two percent (2%) of the East F Street Corridor Specific Plan Infrastructure Fee charged to any applicant who develops property within the Specific Plan Area. The administrative component of the East F Street Corridor Specific Plan Infrastructure Fee is consistent with the administrative component of the City's Capital Facilities Fee, which was adopted on January 19, 2016. The burden of administering the East F Street Corridor Specific Plan Infrastructure Fee is subject to change. Therefore, City staff may report to the City Council at least once every year, or more frequently as needed, to request the City Council adjust the administrative component of the East F Street Corridor Specific Plan Infrastructure Fee.

[Added 4-20-2020 by Ord. No. 1273]

The East F Street Corridor Specific Plan Infrastructure Fee shall be due and payable prior to the issuance of building permit.

[Added 4-20-2020 by Ord. No. 1273]

Pursuant to Government Code Section 66006, the City Manager and Finance Director shall establish and maintain a separate account for the collection of revenue from the East F Street Corridor Specific Plan Infrastructure Fee established by this article. The City Manager and Finance Director shall maintain a record or accounting of the East F Street Corridor Specific Plan Infrastructure Fees collected and remitted, which shall be available to any person upon reasonable written notice and request.

[Added 4-20-2020 by Ord. No. 1273]

Revenue from collection of the East F Street Corridor Specific Plan Infrastructure Fee shall be used to fund infrastructure improvements consistent with the Financing Plan. Where Developer is subject to reimbursement for advance-funding or installing infrastructure improvements benefitting the Specific Plan Area, the City Manager and Finance Director shall forward revenue collected from the East F Street Corridor Specific Plan Infrastructure Fee to Developer consistent with the Development Agreement.

[Added 4-20-2020 by Ord. No. 1273]

Adoption of the East F Street Corridor Specific Plan Infrastructure Fee is within the purview of the Specific Plan project. Environmental impacts for the Specific Plan have been reviewed and assessed by the City pursuant to the California Environmental Quality Act ("CEQA") at Public Resources Code Section 21000 et seq. On March 6, 2006, the City Council certified the Specific Plan's Focused EIR, and a Final Supplement to the EIR was prepared for the Specific Plan Amendment (SCH # 2003072147).

If any action, subsection, sentence, clause or phrase of this Ordinance or the fees levied by this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Ordinance or the fees levied by this Ordinance that can be given effect without the invalid provisions.