Pismo Beach Municipal Code Ch. 13.16 Public Facilities Charges

The city council has determined that it is reasonable and in the public interest to enact, and impose, a public facilities charge for the purpose of providing revenue to recover a fair share of the cost of additional capacity for sewer facilities from those properties which, as a part of their development and use, create needs for those facilities. The council finds that the public would benefit from a logical long-range approach to the financing of necessary central facilities. The public facilities charge prescribed in this chapter is designed and calculated to be of such amount of revenue as will eventually create reasonable reserves to pay the new development's share of basic and essential sewer facilities as the needs arise. (Ord. 93-08 § 1 (part), 1993: prior code § 13.16.010)

Except as provided in this chapter, the public facilities charge provided in this chapter is separate from and in addition to all other applicable tax, assessment, charge, or fee otherwise provided by state or local law. (Prior code § 13.16.020)

As used in this chapter, unless the context otherwise requires:

"Additional capacity facilities" means public facilities, or the capacity provided for therein, which include, but are not limited to "for sewer," which refers to participation in sewer mains eight inches in diameter or over, and all expansions or additions to the sewage and sewerage collection and treatment system except service laterals four inches or less in diameter or under.

"City" means the city of Pismo Beach.

"Fixture unit" means a quantity equivalent to a flow of one cubic foot per minute used in evaluating the load producing effects of different kinds of fixtures on a plumbing system, as identified also in the current adopted edition of the Uniform Plumbing Code.

"Gross annexation area" means the total gross land area within the annexation territory.

"Net developable acres" means the gross annexation area less the number of acres that are subject to open space restrictions. "Open space restrictions" means a fee interest or an open space easement conveyed to the city or other public agency, and/or a private open space restriction in the form of fee ownership by a homeowner's association.

"Subdivision" means all divisions of land which require parcel map or tentative map approval. (Ord. 93-08 § 1 (part), 1993: prior code § 13.16.030)

A public facilities charge is imposed upon the applicants as prescribed at the following rates:

A. Annexation fee, nine hundred thirty-three dollars and thirty-eights cents per net developable acre or portion thereof.

B. Subdivision fee, four hundred sixty dollars per lot or air space condominium;

• C. Fixture Fees and Fee Credits:

• 1. Mobilehome park fee, three hundred dollars per space or lot;
• 2. Recreational vehicle park fee, two hundred fifty dollars per space or lot;
• 3. All other new construction, fifty dollars per fixture unit;

4. Fee Credits. For each low flush toilet installed pursuant to Section 15.16.420(B), the developer or remodeler installing such low flush toilet shall be given a credit of one hundred dollars against the fixture fees;

5. Replacement Fixtures. The building fee imposed under the provisions of this subsection shall apply only to added plumbing fixture units when applied in reference to additions or remodels of existing structures. The fee shall not apply when only replacement on a one-for-one basis of existing plumbing fixtures is being accomplished in conjunction with additions or remodels of existing structures. (Ord. 93-08 § 1 (part), 1993; Ord. 87-11 § 1, 1987; prior code § 13.16.040)

A. The annexation fee portion of the public facilities charge imposed in this chapter shall be paid by the applicant seeking annexation, or by the owner of property to be annexed, prior to the adoption by the city of the ordinance approving said annexation.

If the applicants for one or more of the parcels involved in the application fail or refuse to pay said annexation fee within thirty days after the city has sent them notice by certified mail to pay such fees, any or all of the other property owners involved in the annexation may pay such fees for the benefit of said parcel or parcels. If said parcel or parcels are included in the final annexation ordinance, the city shall not thereafter provide sewer service to said parcel or parcels, or any portion thereof, until the owners thereof pay to the city, for the benefit and reimbursement of the other property owners who originally paid such fees, plus compound interest at the maximum legal rate until paid. The city shall pay all such amounts, when received, to the persons, or their successors in interest, who originally paid such fees for the benefit of said parcel or parcels; provided, however, that the city shall have no obligation in locating the persons who paid the original fees other than to send written notice by certified mail to the last addresses provided to the city in writing by said persons; and provided, further, that if said money is not claimed within five years after the city mails said notice, said money shall become the property of the city and shall be deposited in the appropriate facilities funds.

At the time of annexation, the city shall record on an appropriate form in the office of the county recorder a notice stating the full amount of all such fees paid by others for the benefit of said parcel or parcels, and a notice that no sewer service will be provided to said parcel or parcels by the city until said amount is repaid in full with interest.

B. The subdivision fee portion of the public facilities charge imposed in this chapter shall be paid by the applicant seeking subdivision approval prior to the city approving the parcel map or the tentative map for said subdivision.

C. The building fee portion of the public facilities charge imposed in this chapter shall be paid by the applicant seeking a building permit prior to the city issuing said permit.

D. The city administrator shall ascertain that the respective fee constituting the public facilities charge imposed in this chapter is collected prior to the city's approval or issuance of any entitlement as prescribed in this chapter; and shall further ascertain that an application for any such entitlement be denied until the respective fee constituting that portion of the public facilities charge has been paid in full. (Ord. 93-08 § 1 (part), 1993; prior code § 13.16.050)

All revenues derived from the public facilities charge are to be segregated by accounting practices from all other funds of the city; and that amount calculated and collected on account of sewer facilities shall be used for no other purpose than additional capacity sewer facilities, for the residents and inhabitants of the city. (Ord.93-08 § 1 (part), 1993: prior code § 13.16.060)

Any person who is aggrieved by any decision required to be made by the city administrator under this chapter may appeal that decision to the council by filing a written request with the city clerk within ten days after the decision, describing with particularity the decision of the city administrator from which the person appeals. The council shall at its next regular meeting hear and consider the appeal. In determining the appeal, the council shall determine whether the city administrator's decision is correct and may affirm, modify, extend, or overrule that decision. The decision of the council shall be final. (Prior code § 13.16.070)