Richmond Municipal Code Ch. 12.64 Public Facilities Fee

This chapter shall be known as the "public facilities fee ordinance" and may be so cited.

This chapter is adopted pursuant to the provisions of the Charter of the City of Richmond and the statutes of the State of California.

The purpose of this chapter is to provide a method for the equitable and consistent collection of fees for public improvements and facilities which are needed to serve the developing areas of the City of Richmond.

The City Council may, from time to time, by resolution, adopt regulations to provide for the administration and implementation of this chapter.

1. Business Development. "Business Development" means a project consisting of new construction of one or more buildings or structures for the purpose of business, commercial, office, industrial, warehouse, or similar use.

2. Developing Area. "Developing Area" means those areas within and adjacent to the City of Richmond, identified on a specific map adopted by Council resolution, wherein new development of commercial, industrial, and/or residential projects creates the need for new or additional public improvements and facilities.

3. Residential Development. "Residential Development" means a project consisting of new construction of one (1) or more residential buildings, including condominiums and mobile homes.

(Amended by Ordinance No. 14-84 N.S.)

The City Council may establish, by resolution, certain designated developing areas. There is authorized to be imposed upon each applicant for a building permit for new residential or business development in any one of the designated developing areas, a public facilities fee payable to the City of Richmond, at the time of issuance of said building permit. The specific amount of said public facilities fee shall be determined based upon resolution of the City Council relating to the developing area in which the development is located. This public facilities fee shall be in addition to all other charges for approvals and permits required by other ordinances of the City of Richmond.

The council may in its discretion grant a total or partial credit against the applicable public facilities fee where the applicant or his predecessor in interest has otherwise paid in whole or in part for public facilities for which the public facilities fee is imposed, either through a dedication of land and or improvements, developer contribution, payment pursuant to a development agreement with the City or other jurisdiction, or other means.

If a building permit is vacated, voided, not used, or amended after payment of the related public facilities fee, the developer shall pay additional public facilities fees if the permit is amended to allow an increase in the development and the City shall refund portions of the public facilities fees collected for development not completed under such permit.

When it is determined by the City Council that the need for new public improvements and facilities has changed and a modification or elimination of a related fee is warranted, the City Council shall make the needed modification to the resolution which established the public facilities fee imposed for that specific developing area.

The City of Richmond shall establish a separate account for fees collected pursuant to this chapter.

(Source: Ordinance No. 23-83 N.S.)