Chapter 13 — DEVELOPMENT FEE ACCOUNTS AND FUND APPROPRIATIONS

This chapter is enacted to meet the requirements of Section 53077.5 of the Government Code of the State for the purpose of requiring the payment of certain residential development fees at the time currently set forth in this Code. The Council has established accounts and appropriated funds to construct certain public improvements or facilities. The development fees referred to in this chapter are collected to defray the costs of constructing the public improvements and facilities delineated in the City's approved Capital Improvement Program. Ordinances, accounts, and specific funds have been established for each development fee, a construction plan and/or schedule has been adopted for each improvement, and expenditures for each development fee have been authorized. This chapter shall constitute the determination of the Council required by subsection (2) of subsection (b) of said Section 53077.5.

(§ 1, Ord. 488-C.S., eff. September 23, 1987)

(a)

The fees referred to in this chapter will be collected for public improvements or facilities for which an account has been established and funds appropriated. In addition, the City has adopted a Capital Improvement Program showing the proposed construction schedule, cost estimates, and a plan for each project to be funded by said fees.

(b)

In certain circumstances, the fees are collected to reimburse the local agency for expenditures previously made in connection with public improvements or facilities.

(c)

This chapter shall apply only to residential development, not commercial or industrial improvements.

(d)

The residential development fees which have been previously established for the construction of public improvements or facilities are as follows:

(1)

Traffic Impact Mitigation Improvement Fund for Highway One Improvements (Chapter 15 of Title 8 of this Code as added by Ordinance No. 318-C.S., effective February 10, 1982);

(2)

Traffic Impact Mitigation Fees for the Improvement of the Manor Drive/Palmetto Avenue/Oceana Boulevard Intersection (Chapter 18 of Title 8 of this Code as added by Ordinance No. 422-C.S., effective September 26, 1984);

(3)

Planned Drainage Facilities Fees and Reserve for Drainage Facility Construction Funds (Article 1 of Chapter 4 of Title 7 of this Code as added by Ordinance No. 458-86, effective March 26, 1986);

(4)

Dedications and Fees for Park and Recreational Purposes (Chapter 19 of Title 8 of this Code as added by Ordinance No. 456-85 effective December 25, 1985);

(5)

Capital Projects Fund (Article 2 of Chapter 4 of Title 7 of this Code as added by Ordinance No. 7-C.S., effective October 28, 1970, as renumbered by Ordinance No. 408-C.S., effective July 11, 1984);

(6)

Rockaway Beach In-Lieu Parking Facilities Fee (as added by Resolution No. 17-86 effective December 8, 1986); and

(7)

Sewer Connection Charges (Chapter 11 of Title 6 of this Code as added by Ordinance No. 2-C.S., as amended by Ordinance No. 374-C.S., as renumbered by Ordinance 395-C.S., effective March 28, 1984).

(e)

The Director of Finance shall establish a separate accounting fund or program in the capital budget, or other appropriate document, describing the project and the approximate cost of the project for which the fees referred to in this chapter are being collected.

(f)

The Council authorizes the expenditure of funds and the incurring of obligations for the purposes set out in the approved Capital Improvement Program, subject to subsequent Council approval of particular projects and expenditures and other requirements of law.

(g)

The proposed construction schedule and plan for the public improvements or facilities to be funded by said fees is the Capital Improvement Program and pertinent backup data. The Capital Improvement Program enumerates the projects, proposed starting and completion dates, cost estimates, funding sources, and miscellaneous other pertinent information.

(§ 1, Ord 488-C.S., eff. September 23, 1987, as amended by § 1, Ord. 549-C.S., eff. March 28, 1990)