Richmond Municipal Code Ch. 12.65 Public Facilities Impact Fees

This chapter shall be known as the "Public Facilities Impact Fee Chapter" 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.

This public facilities impact fee chapter and any subsequent implementing resolutions shall be administered by the Department of Public Services with assistance from other City Departments. The Director of Public Services shall be responsible for interpretation and implementation of the procedures and requirements of the ordinance and implementing resolutions.

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

"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.

"City" means the City of Richmond, California.

"City Council" means the City Council for the City of Richmond.

"Developing area" means an area or areas within and adjacent to the City of Richmond, identified by Council resolution, wherein new development of commercial, industrial, and/or residential projects creates the need for new or additional public improvements and facilities.

"Director of Public Services" shall mean the Director of Public Services for the City or Richmond or said Director's designee.

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

"State" means the State of California.

The City Council may establish, by resolution, a developing area. 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 impact fee payable to the City of Richmond, at the time of issuance of said building permit. For residential development, the City Council may approve payment of fees at completion of the development, consistent with requirements and procedures of any applicable State statute. The specific amount of said public facilities impact fee shall be determined based upon a resolution of the City Council relating to the developing area in which the development is located. Except as noted below, this public facilities impact fee shall be in addition to all other charges for approvals and permits required by other ordinances of the City of Richmond. Public facilities impact fees for parkland acquisition shall not be assessed to developments that have previously dedicated land or paid in-lieu money in compliance with City and State subdivision requirements relating to parkland.

(a) The City Council may, in its discretion, grant a total or partial credit against the applicable public facilities impact 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 impact 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 by other means. Those credits previously authorized by, provided for and incurred pursuant to Chapter 12.64 shall be utilized in the same manner under this Chapter as under Chapter 12.64.

(b) Credits shall be granted for previous on-site buildings demolished to accommodate new development. To qualify for this credit, the building must have been demolished within three years preceding the permit application and must be verified as occupied for the two consecutive years prior to demolition.

If a building permit is vacated, voided, not used, or amended after payment of the related public facilities impact fee, the developer shall pay additional public facilities impact fees if the permit is amended to allow an increase in the development and the City shall refund portions of the public facilities impact fees collected for development not completed under such permit. Refunds of collected fees may be warranted under other circumstances and such requests will be evaluated based on the standards and procedures of applicable State statutes.

(a) The following types of development are exempt from payment of the fee:

(1) Government owned buildings or facilities;

(2) Community service buildings (e.g. religious facilities, social service facilities, recreation/educa-tional facilities) owned by non-profit organizations; and

(3) Second residential units located in single-family zoning districts.

(b) For other projects, the council may consider and may approve requests for waiver of all or part of the fee based on established City criteria for consideration of City fee waiver requests.

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 impact fee imposed for that specific area.

(a) Consistent with applicable State statutes, the City shall provide periodic reports on the status of the funds collected to finance identified public facilities. There shall be an annual report prepared within 180 days of the close of the City's fiscal year to include:

(1) The amount of the various specific funds' beginning and ending balances;

(2) The amount of funds expended on public facilities and the represented percent of said fund;

(3) The date the construction or other activity commenced or will commence;

(4) A description of any interfund transfers, the proposed repayment schedule, and interest paid to or by the fund; and

(5) Any refunds granted from the fund.

(b) The City Council shall consider the report at its first scheduled meeting 15 days following the release of the report.

(c) Every five years, the City shall issue a report on the status of the overall public facilities impact fee program. The City Council shall review the program status and make the following determinations/find-ings as required by applicable State statutes:

(1) Reaffirm the purpose of the fee programs;

(2) Reaffirm the relationship between the fee and the facilities for which it is charged;

(3) Identify all sources and amounts of funding anticipated for the facility; and

(4) Estimate the approximate dates funding will be available to finance the improvements.

The City of Richmond shall establish a separate account for fees collected pursuant to this chapter. These accounts will be maintained consistent with the requirements of applicable State statutes.

(Source: Ordinance No. 34-02 N.S.)