Red Bluff Municipal Code Art. I Establishment of Fees

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING PERMIT. Any permits required for construction, reconstruction, remodeling, moving structures into the city and the like, such as electrical and plumbing permits, moving permits and the like.

DEVELOPMENT PROJECT. Any project undertaken for the purpose of development. DEVELOPMENT PROJECT shall include a project involving the issuance of a permit for construction or reconstruction, remodeling or any work requiring any permit under the ordinances of the city, as the same presently exist or may be amended from time to time hereafter. DEVELOPMENT PROJECT shall also include permits for erection of manufactured housing or structures and structures moved into the city.

EQUIVALENT BENEFIT UNIT (EBU). A means of quantifying the potential hours available for recreation use that more accurately represents the benefit provided to each land use type.

EQUIVALENT DWELLING UNIT (EDU). A means of quantifying different land uses in terms of their equivalence to residential dwelling unit, where equivalence is measured in terms of potential infrastructure use or benefit for each type of public facility.

FEE. A monetary exaction, other than a tax or special assessment, which is charged by the city to an applicant in connection with approval of a building permit or development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals or fees collected under development agreements adopted pursuant to California Government Code §§ 65864.

PUBLIC FACILITIES. Public improvements and equipment, public services and community amenities.

(Ord. 965, passed 7-18-2006)

(A) The following development impact fees are hereby established and imposed on the issuance of all building permits for development within the city as required to finance the cost of the following categories of public facilities and improvements and community services required by new development.

(B) The development impact fees consist of the following fees which are hereby established:

(1) A development impact fee is hereby established for water facilities.

(2) A development impact fee is hereby established for wastewater collection.

(3) A development impact fee is hereby established for wastewater treatment.

(4) A development impact fee is hereby established for transportation facilities.

(5) A development impact fee is hereby established for storm drain facilities.

(6) A development impact fee is hereby established for fire facilities.

(7) A development impact fee is hereby established for police facilities.

(8) A development impact fee is hereby established for parks and recreation facilities.

(9) A development impact fee is hereby established for government services facilities.

(10) A development impact fee is hereby established for airport facilities.

(C) The City Council shall, by resolution, set forth the specific amount of the fees, describe the benefit and impact area on which the fees are imposed, list the specific public facilities to be financed and describe the estimated cost of these facilities.

(Ord. 965, passed 7-18-2006)

(A) Any person who, after the effective date of the ordinance codified in this article, seeks to develop land within the city by applying for a building permit as required, is hereby required to pay the appropriate development impact fees prior to the time of issuance of a permit, established pursuant to § 17.2 as the same may be applicable, in the manner, amount and for the purposes therein referenced.

(B) Except as provided by the California Government Code § 66006, no permits or extension of permits for the activities referenced in division (A) and (B) of § 17.2 shall be granted unless and until the appropriate development impact fees hereby required have been paid to the city.

(C) Notwithstanding anything to the contrary set forth in divisions (A) and (B) of § 17.2 or in any other provision of this article, the development impact fees, as established pursuant to § 17.2, and based on analysis and study shall apply to any development project which has heretofore received a tentative map approval or other approval from the city where the approval of the same, assented to by the developer, has been conditioned upon payment of the fees established hereby.

(Ord. 965, passed 7-18-2006)

Each fee imposed pursuant to this article shall be adjusted automatically on July 1 of each fiscal year, beginning July 1, 2007, by a percentage equal to the previous year’s April to April percentage of increase in the U.S. Consumer Price Index; U.S. cities average. Said increases shall become effective following public notice and hearing in compliance with California Government Code § 66000, et seq.

(Ord. 965, passed 7-18-2006)

The amount of each fee established pursuant to this article may be more specifically set and revised periodically by resolution as required of the City Council, with this article being considered as enabling and directive in this regard.

(Ord. 965, passed 7-18-2006)

(A) Each fee collected pursuant to this article shall be deposited in a special fund created to hold the revenue generated by each fee. Moneys within each fund may be expended only by appropriation by the City Council for specific projects which are of the same category as that for which the money was collected.

(B) In this regard, the following special funds are hereby created and established for the purposes indicated:

(1) The Government Services Facilities Fund is hereby established. The Government Services Facilities Fund is a fund for payment of the actual or estimated costs of constructing and improving the general municipal facilities within the city, including any required acquisition of land.

(2) The Wastewater Collection Fund is hereby established. The Wastewater Collection Fund is a fund for payment of the actual or estimated costs of construction and improving the wastewater collection facilities within the city, including any required acquisition of land.

(3) The Wastewater Treatment Fund is hereby established. The Wastewater Treatment Fund is a fund for payment of the actual or estimated costs of construction and improving the wastewater treatment facilities within the city, including any required acquisition of land.

(4) The Police Facilities Fund is hereby established. The Police Facilities Fund is a fund for payment of the actual or estimated costs of police protection facilities and equipment, including any required acquisition of land.

(5) The Fire Facilities Fund is hereby established. The Fire Facilities Fund is a fund for payment of the actual or estimated costs of fire protection facilities and equipment, including any required acquisition of land.

(6) The Storm Drain Facilities Fund is hereby established. The Storm Drain Facilities Fund is a fund for payment of the actual or estimated costs of constructing and improving the storm drain facilities within the city, including any required acquisition of land.

(7) The Water Facilities Fund is hereby established. The Water Facilities Fund is a fund for payment of actual or estimated costs of constructing and improving water supply and distribution facilities within the city, including the acquisition of land.

(8) The Parks and Recreation Facilities Fund is hereby established. The Parks and Recreation Facilities Fund is a fund for payment of the actual or estimated costs of constructing and improving the parks and recreation facilities within the city, including any required acquisition of land, as well as grading, irrigation and turfing costs associated therewith.

(9) The Transportation Facilities Fund is hereby established. The Transportation Facilities Fund is a fund for payment of the actual or estimated costs of the design, upgrading or improvement of the traffic network, including any required acquisition of land.

(10) The Airport Facilities Fund is hereby established. The Airport Facilities Fund is a fund for payment of the actual or estimated costs of constructing and improving the municipal airport facilities within the city, including any required acquisition of land.

(Ord. 965, passed 7-18-2006)

(A) (1) The land use for the property to be developed shall be used in the computation of the fees required to be paid with respect to any property. If a parcel contains more than one land use, then the applicable fee shall be prorated by square footage or units, as appropriate, attributable to each use. Building permit applications shall include plans and calculations prepared by the applicant or applicant’s agent, specifying each land use, the acreage of each use, the square footage and any other data requested necessary to calculate development impact fees. Permit applications shall be deemed incomplete until the information is provided.

(2) Properties shall be classified into the category of use as between residential, commercial or industrial and shall pay fees pursuant to that classification, as verified by the Planning Director or his or her duly authorized designee.

(B) All fees due hereunder shall be determined and calculated by the City Public Works Director or his or her duly authorized designee.

(Ord. 965, passed 7-18-2006)

(A) Except as provided by California Government Code § 66006, the fees established pursuant to this article shall be paid in full for the property on which a development project is proposed at the time of issuance of any required building permit.

(B) The fees created pursuant to this article shall be calculated on the basis of acreage, square footage or number of units, as set forth in § 17.2. For development projects containing a fraction of a net acre, the fee shall be calculated on the fraction of the acre involved in the development project. The minimum fee in all cases shall be no less than the single-family unit. All fees collected shall be promptly transferred for deposit in the appropriate fund referenced in § 17.6.

(C) Notwithstanding the above, permit applications for building alterations, renovations, or expansion of an expansion of an existing building or structure where no additional dwelling units are created, shall pay fees for water, wastewater and transportation based on usage. Storm Drain Facility fees for these types of projects shall be based on the square footage of the impervious area being developed.

(Ord. 965, passed 7-18-2006)

(A) A developer of any project subject to the fees described herein may apply to the City Council for a reduction, adjustment or waiver of any one or more of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fees charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not less than ten days prior to the public hearing on the development project application for the project or, if no public hearing is required prior to city approval of the development project application, at the time of the filing of the application for a building permit.

(B) The fee adjustment request shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the fee adjustment request at the public hearing on the development project application or at a separate public hearing held within 60 days after the filing of the fee adjustment request, whichever is later.

(C) The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee if such change in use would, in the opinion of the City Public Works Director, render the same inappropriate. The public hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearings on development permits.

(D) The City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations which will apply to reductions, adjustments or waivers of development impact fees which may be made pursuant to this section. In this regard, the ordinance codified in this article shall be considered enabling and directory.

(Ord. 965, passed 7-18-2006)

(A) Funds collected from development impact fees shall be used for the purpose of paying:

(1) The actual or estimated costs of constructing and/or improving the public facilities within the city to which the specific fee or fees relate, including any required acquisition of land or rights-of- way therefor;

(2) Reimbursement to the city for the development’s share of those public facilities already constructed by the city or to reimburse the city for costs advanced; including without limitation administrative costs incurred with respect to a specific public facility project;

(3) Reimbursement to other developers, or their assignees, who have constructed public facilities as described in the resolution adopted pursuant to § 17.2, where those facilities were beyond that needed to mitigate the impact of the developer’s project or projects and where reimbursement agreements between the developer and the city have been executed; or

(4) To add needed equipment and training.

(B) In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which development impact fees may be expended, impact fees may be used to pay debt service on the bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.

(C) (1) At least once each fiscal period, the City Manager or his or her duly authorized designee shall present to the City Council a proposed five-year capital improvement program for the various public facilities referenced in the ordinance or resolution adopted pursuant to § 17.2 assigning moneys, including any accrued interest, from the funds referenced in § 17.6 to specific improvement projects and related expenses.

(2) Moneys, including any accrued interest not assigned in any fiscal period shall be retained in the same fund until the next fiscal period, except as provided by the refund provisions of § 17.11.

(D) Funds may be used to provide refunds as described in § 17.11.

(Ord. 965, passed 7-18-2006)

(A) If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the city may retain 1% of the fee to offset a portion of the costs of collection and refund. The fee payer must submit a written request for a refund to the City Manager within 30 calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.

(B) For the fifth fiscal year following the first deposit into any fund established pursuant to § 17.6, the city shall make all of the findings found in California Government Code § 66001(d) with respect to that portion of the fund remaining unexpended, whether committed or uncommitted.

(C) The unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to division (B) above shall be refunded to the then current record owner or owners of lots or units of the development project or projects on a prorated basis.

(D) The provisions of California Government Code § 66001(d), (e) and (f) shall apply fully to any refund of fees remaining unexpended or uncommitted in any city fund for five or more years after deposit, and the provisions of divisions (B) and (C) above shall be subordinate to the Government Code sections and shall be applied consistent therewith.

(Ord. 965, passed 7-18-2006)

(A) Any claim of exemption with respect to any one or more of the fees referenced in § 17.2 must be made no later than the time of application for a building permit.

(B) The following shall be exempted from payment of the development impact fees referenced in § 17.2.

(1) Alterations, renovations or expansion of an existing building or structure where no additional dwelling units are created and the use is not changed. The expansion of an existing commercial or industrial building or structure shall not be exempt from the fee for water facilities, wastewater collection and wastewater treatment facilities or the fee for transportation facility. The expansion of an existing building or structure shall not be exempt from the fee for storm drain facilities.

(2) The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.

(Ord. 965, passed 7-18-2006)

(A) A new development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under Chapter 25 of this code, including a nonconforming use.

(B) New development that will replace development that was partially or totally destroyed by fire, flood, earthquake or other casualty or act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under Chapter 25 of this code, including a nonconforming use, at the time thereof.

(C) Credit for the eliminated development or development that was partially or totally destroyed, as above specified, shall be calculated by the City Public Works Director in accordance with the fee schedule set forth in the resolution to be adopted pursuant to § 17.2 and shall be applied to new development of the same site.

(D) Notwithstanding any other provision of this article, new development shall be given a credit against the fee due hereunder for park and recreation facilities to the extent of the amount of any fees paid and/or the value of any land dedicated by the new development for park and recreation facilities.

(Ord. 965, passed 7-18-2006)

(A) In-lieu credits from the DIF Fund for construction of improvements.

(1) A developer that has been required by the city to construct any facilities or improvements or a portion thereof described in the resolution adopted pursuant to § 17.3 as a condition of approval of a development permit may request an in-lieu credit of the specific development impact fee(s) involved for the same development. Upon request, an in-lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development.

(2) Only costs proportional to the amount of the facility or improvement that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit and then only against the specific relevant fee(s) involved to which the facility or improvement relates.

(3) (a) Fees required under this article shall be reduced by the actual construction costs of the facilities or improvements that relate to said fees, as demonstrated by the applicant and reviewed and approved by the City Public Works Director, all consistent with the provisions of divisions (A)(1) and (2) above.

(b) Subject to the applicable provisions of division (B) below, if the cost of the facilities or improvements is greater than required relevant fees, this article does not create an obligation on the city to pay the applicant the excess amount.

(4) An amount of in-lieu credit that is greater than the specific fee(s) required under this article may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the City Public Works Director. The City Public Works Director may set a time limit for reservation of the credit.

(5) Credits shall be calculated by the City Public Works Director in accordance with the fee schedule set forth in the ordinance or resolution to be adopted pursuant to § 17.2.

(B) Whenever an applicant is required, as a condition of approval of a development permit, to construct any facility or improvement or a portion thereof described in the resolution adopted pursuant to § 17.2, which facility or improvement is determined by the city to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee which would otherwise be charged pursuant to this article on the development project, shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this section. The amount to be reimbursed shall be that portion of the cost of the improvement or facility which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the city and shall be approved by the City Council.

(C) Credit shall not be given for site-related improvements, including, but not limited to traffic signals, right-of-way dedications or providing paved access to the property, which are specifically required by the project in order to serve it and do not constitute facilities or improvements specified in § 17.2.

(D) The developer seeking credit and/or reimbursement for construction of improvements or facilities or dedication of land or rights-of-way, shall submit the documentation, including without limitation, engineering drawings, specifications and construction cost estimates and utilize the methods as may be appropriate and acceptable to the City Public Works Director to support the request for credit or reimbursement. The City Public Works Director shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates, if he or she determines that the estimates submitted by the developer are either unreliable or inaccurate. The City Public Works Director shall determine whether facilities or improvements are eligible for credit or reimbursement.

(E) Any claim for credit must be made no later than the application for a building permit for which the credit is sought. Any claim not so made shall be deemed waived.

(F) Credits shall not be transferable from one project or development to another without the approval of the City Council.

(G) Determinations made by the City Public Works Director pursuant to the provisions of this section may be appealed to the City Council by filing a written appeal, setting forth in detail the factual basis therefor, with the City Clerk, together with a fee established by resolution of the City Council, within ten calendar days of the determination of the City Public Works Director. The appeal shall be considered by the City Council at a public hearing to be held, noticed and conducted in accordance with the provisions prescribed in § 17.9 for public hearings with respect to fee adjustments. The decision of the City Council on the appeal shall be final.

(Ord. 965, passed 7-18-2006)

(A) Except for the first year this article is in effect, no later than six months following the end of each fiscal year, the City Manager or his or her designee shall prepare a report for the City Council identifying the balance of fees in the various funds established pursuant to § 17.6, the facilities constructed and the facilities to be constructed.

(B) (1) At a noticed public hearing, the City Council shall review the report and the development impact fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed.

(2) The City Council may revise the development impact fees by resolution to include additional projects not previously foreseen as being needed.

(C) The report prepared by the City Manager or his or her designee and its review by the City Council, as well as any findings thereon, shall be subject to the provisions of California Government Code § 66001(d) to the extent applicable, which shall be controlling in the event of any conflict.

(Ord. 965, passed 7-18-2006)

The provisions of this article and any ordinance or resolution adopted pursuant hereto, shall, at all times, be subject and subordinate to the provisions of California Government Code §§ 66000 et seq., as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this article and state law, the latter shall control.

(Ord. 965, passed 7-18-2006)

The provisions of this article and any ordinance or resolution, adopted pursuant hereto, shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith.

(Ord. 965, passed 7-18-2006)

If any section, phrase, sentence or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct, and independent provision. The holding shall not affect the validity of the remaining portions hereof.

(Ord. 965, passed 7-18-2006)