Portola Municipal Code Ch. 3.28 Specific Plan Area B Development Fee

This chapter shall be known as the specific plan area B development fee ordinance of the city.

(Ord. 278 § 1(part), 1998)

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

"Development" means any placement or erection of any solid material or structure on land or change in the density or intensity of use of land for which a permit must be issued by the city.

"Permit" mans any permit for improvement to land, or other entitlement issued by the city related to use of land and for which consistency with the Portola general plan and area B specific plan is required.

"Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

"Planning area B" means the undeveloped area on the south side of the city for which the general plan prescribes a specific plan.

(Ord. 278 § 1(part), 1998)

The purpose of this chapter is to establish a mechanism for defining the cost and levying development fees on benefited properties for the construction of the backbone street, drainage, water supply, sewage collection and fire suppression facilities identified in the area B specific plan adopted in August 1998, and to recover the city's costs in preparing the area B specific plan, all as provided in Government Code Sections 65451 and 65456.

(Ord. 278 § 1(part), 1998)

No development fees shall be levied on development projects undertaken by public agencies on lands owned or proposed to be owned by said public agencies.

(Ord. 278 § 1(part), 1998)

Any person undertaking a development project shall pay a development fee for each acre located in planning area B, as determined below:

A. The respective per-acre area fees for streets, drainage, water supply, sewage collection, fire suppression, and area B plan are developed and enumerated in the area B specific plan development fee schedule, dated 6/25/98.

B. Areas subject to area B development fees are specifically delineated, by sectors, on the development fee benefit plat, dated June 25, 1998.

C. The applicable capital facility improvements are enumerated in the city of Portola planning area B specific plan, dated March 1998.

(Ord. 278 § 1(part), 1998)

For the purpose of administering this chapter the city shall establish capital facility accounts in the respective city capital improvement or enterprise funds, pursuant to Government Code Section 66006, for the respective capital improvements defined herein. Said accounts shall be identified as follows:

A. Area B major thoroughfare account;

B. Area B drainage facility account;

C. Area B water supply facility account;

D. Area B sewage collection facility account;

E. Area B fire suppression facility account.

(Ord. 278 § 1(part), 1998)

The development fees described in this chapter shall be collected at, or prior to the time of issuance of the city permit or the recording of the subdivision map for which the fee is applicable; and they shall be apportioned and deposited in the respective accounts enumerated in Section 3.28.060 in accordance with the fee determinations. The area B plan fee shall be deposited in the city's general fund as reimbursement for the city's costs in preparing and adopting the specific plan.

(Ord. 278 § 1(part), 1998)

Expenditure may be made from time-to-time from the capital facility accounts for design, right-of-way and construction of the respective capital improvements enumerated in the area B specific plan. If the city determines that sufficient funds have been collected to complete one of the designated specific plan improvements, it shall proceed to take the actions specified in the Mitigation Fee Act, Government Code Section 66001e.

(Ord. 278 § 1(part), 1998)

The development fees defined in this chapter shall be reviewed each three years or as otherwise deemed appropriate and shall be adjusted to reflect amendments to the area B specific plan and changes in the scope or cost of the respective capital improvements.

(Ord. 278 § 1(part), 1998)

Any person providing, or paying the cost of the design, right-of-way or construction of all or a portion of the capital improvements provided for in this chapter shall receive a credit for such expenditure against the development fees otherwise payable, to the extent of the respective capital improvement values embodied in the then-current development fee schedule.

(Ord. 278 § 1(part), 1998)

Any person providing, or paying the cost of the design, right-of-way or construction of the capital improvements provided in this chapter, to the extent such expenditure exceeds its fee obligation for the respective facilities, shall be eligible for reimbursement pursuant to Section 13.04.065, but only to the extent that funds are available in the respective capital facility accounts.

(Ord. 278 § 1(part), 1998)

Any person aggrieved by any decision of the city administrator with respect to the amount of such development fee may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the serving or mailing of the determination of fee due. The city council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such person at his last known place of address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

(Ord. 278 § 1(part), 1998)

If any section, subsection, sentence, clause, phrase or word of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of said ordinance. The city council declares that it would have passed said ordinance and each and every section, subsection, sentence, clause, phrase or work not declared invalid or unconstitutional.

(Ord. 278 § 1(part), 1998)