Pismo Beach Municipal Code Ch. 15.10 Development Impact Fees

This chapter shall be known as the "Pismo Beach Development Impact Fee Ordinance." (Ord. 93-01 § 1 (part), 1993)

The council declares that the fees required to be paid hereby are established for the purpose of protecting the public health, safety and general welfare, and implementing the policies of the general plan, by providing for the provision of adequate public facilities to support orderly development. (Ord. 93-01 § 1 (part), 1993)

Unless otherwise required by the context, the following definitions shall govern the construction of this chapter:

"Accessory dwelling unit" see Section 17.006 (17.62.020). For purposes of establishing an impact fee, an accessory dwelling unit shall be considered one-half of a dwelling unit, as defined herein.

"Commercial development" means the development or use of land for any retail, office, service commercial or other business purpose.

"Council" means the city council of the city of Pismo Beach.

"Development" or "development project" means any project undertaken for the purpose of development, and includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

"Dwelling unit" means a structure, or portion of a structure, which is used for separate residential occupancy by an individual, a family or a group of unrelated individuals.

"Hotel" or "motel" means any development or use of land for temporary lodging purposes.

"Impact fee" means a monetary exaction charged to the applicant in connection with approval of a development project for the purpose of defraying all or a part of the cost of public facilities related to the development project. This definition does not include fees specified in Section 66477, Government Code, or fees for processing applications for permits or approvals.

"Imposition of fees" occurs when they are imposed or levied on a specific development.

"Mobilehome" means any mobile or manufactured dwelling subject to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).

"Multifamily residential development" means development or use of land for residential purposes involving more than one dwelling unit in a single structure.

"Public facilities" means public improvements, public services or community amenities.

"Single-family residential" means development or use of land for residential purposes involving no more than one dwelling unit in a single structure.

(Ord. O-2018-011 § 2, 2018: Ord. 07-05 § 1 (Exh. A (part)), 2007: Ord. 06-06 (part), 2006: Ord. 03-03 (part), 2003; Ord. 93-01 § 1 (part), 1993)

All projects with vesting tentative maps at the time of the effective date of the ordinance codified in this chapter will be subject to prior fee ordinances and resolutions, unless such fees, in total, are higher than those imposed by this chapter's implementing resolution; or, unless otherwise determined due to maximum time limits having expired on said vesting tentative maps. (Ord. 94-06, 1994: Ord. 93-01 § 1 (part), 1993)

A. This chapter establishes development impact fees which are imposed as a condition of approval upon all development projects for which a building permit is issued on or after the effective date of the ordinance codified in this chapter. Those impact fees are established for the following public facilities:

• 1. General government and police protection facilities;
• 2. Fire protection facilities;
• 3. Park and recreation improvements;
• 4. Water supply, treatment, transmission and distribution facilities;
• 5. Wastewater collection, treatment and disposal facilities;
• 6. Traffic and circulation facilities.

B. These impact fees are established in order to pay for the capital costs of public facilities reasonably related to the needs of new development in the city. At least once every five years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development.

C. In establishing these fees, the council has considered the effects of the fees with respect to the city's housing needs as established in the housing element of the general plan. (Ord. 93-01 § 1 (part), 1993)

From time to time, the council shall, by resolution, set forth the specific amount of the impact fees, the specific public facilities to be paid for by the fees and the estimated cost of those facilities, and describe the reasonable relationship between the fees and the developments on which they will be imposed. (Ord. 93-01 § 1 (part), 1993)

Except as otherwise provided in Section 66007 of the Government Code, impact fees shall be paid to the city at the time a building permit is issued. In cases where payment of all or part of the required fee is deferred at the time of building permit issuance, the director of community development may require that the applicant, at the applicant's expense, execute a contract with the city to pay all deferred impact fees prior to final inspection and/or issuance of a certificate of occupancy for the project. The contract shall specify the amount of the unpaid fee and a legal description of the property affected. It shall be recorded in the office of the county recorder, and shall constitute a lien for the payment of the fees, which shall be enforceable against the successors in interest of the property owner. When impact fees are paid in full, the city, at the expense of the applicant or property owner, shall execute a release of any lien securing those impact fees. (Ord. 93-01 § 1 (part), 1993)

A. Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following requirements:

1. Tendering any required payment in full or providing satisfactory avoidance of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition of the fee;

2. Serving written notice of protest on the city council which notice shall contain all of the following information:

a. A statement that the required payment is tendered under protest,

b. A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis for the protest;

3. Serving the written notice of protest no later than ninety days after the date of the imposition of the fees.

B. The city council shall consider that protest at a hearing to be held within sixty days after the filing of the appeal. The decision of the city council shall be final. (Ord. 93-01 § 1 (part), 1993)

The fees imposed under this chapter shall not apply to the following:

A. The United States or to any agency or instrumentality thereof, the state or any county or other political subdivision of the state;

B. Remodeling or alteration of an existing residential building, but only if the number of dwelling units is not increased or the use changed, except as specified in subsection D, below;

C. That portion of a structure, which existed before the addition of dwelling units or the enlargement of floor area in a nonresidential structure. If a structure is destroyed or demolished, and replaced within two years from the date of demolition, the impact fees shall be based on the service requirements of the new development less the service requirements of the development, which it replaced.

D. Development, modification, or expansion of an accessory dwelling unit, as defined in the Zoning Code. (Ord. O-2018-011 § 3, 2018: Ord. 07-05 § 1 (Exh. A (part)), 2007: Ord. 06-06 (part), 2006: Ord. 03-03 (part), 2003: Ord. 93-01 § 1 (part), 1993)

If the applicant for approval of any development project is required by the city, as a condition of approval, to construct facilities whose cost has been used in the calculation of impact fees which apply to that project, the applicant shall receive a credit against those impact fees, up to the amount charged for the same type of facility. If the cost of the improvements constructed by the applicant exceeds the amount of the impact fees charged to the development project for the same type of facility, the excess cost shall be reimbursed to the applicant from other impact fee revenues within a reasonable time. To qualify for reimbursement, the applicant must enter into a reimbursement agreement with the city, and any such agreement must specify the amount to be reimbursed and the approximate schedule of the reimbursement. (Ord. 93-01 § 1 (part), 1993)

A. The director of finance shall establish a separate fund or account for each type of facility listed in Section 15.10.050. All impact fees collected by the city shall be deposited in the fund or account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account.

B. Funds deposited in those accounts shall be used only to pay for design and construction, including construction administration, of projects identified in resolutions adopted pursuant to Section 15.10.060 as the basis for the impact fees, or for reimbursements as provided in Section 15.10.100. (Ord. 93-01 § 1 (part), 1993)

A. If impact fees collected by the city have not been expended for the intended purpose within five years following their collection, the city shall either refund those fees as provided in Section 66001 of the Government Code, or make findings as required by that section to retain the fees.

B. The refund provisions of this chapter shall apply only to monies in possession of the city and need not be made with respect to any bonds, letters of credit or other items given to secure payment at a future date. (Ord. 93-01 § 1 (part), 1993)