Rohnert Park Municipal Code Ch. 3.28 Public Facilities Fee

The purposes and intent of this chapter are as follows:

A. To implement the goals and objectives of the city's general plan;

B. To mitigate the impacts caused by new and anticipated developments indentified in the city's general plan;

C. To ensure that new development in the city receives the full range of public facilities necessary to support the city-adopted level of service (LOS) experienced by existing development;

D. To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of the public facility financing requirements imposed on new development in the city;

E. To ensure that new development pays its full proportionate share of the cost of providing such public facilities at the city-adopted level of service (LOS) standards for each facility;

F. To ensure that all applicable legal standards and criteria are properly incorporated in these provisions. (Ord. 715 § 1 (part), 2004)

(Ord. No. 840, § 5, 11-22-2011)

"Act" means the Mitigation Fee Act set forth in Section 66000 through 66025 of the Government Code, as it may be amended from time to time.

"Assisted Living" means any use meeting the definition of "congregate care/assisted living large" set forth in Chapter 17.04 of this Municipal Code.

"City" means the city of Rohnert Park, California.

"City council" means the city council of the city of Rohnert Park, California.

"City manager" means the city manager of the city of Rohnert Park, California or his/her designee.

"Development Permit" means any permit or approval from the city including, but not limited to a general plan amendment, zoning or rezoning of property, a conditional use permit, subdivision map, revised final planned development, building permit or other permit for construction or reconstruction.

"General Office" means any use meeting the definition of "professional office" set forth in Chapter 17.04 of this Municipal Code.

"Hotel/Motel" means any use meeting the definition of "bed and breakfast", "hotel" or "motel" set forth in Chapter 17.04 of this Municipal Code.

"Impact producing development" means any new development that, in accordance with the findings required by this chapter, places additional demand upon the city's infrastructure system.

"Multi-Family Residential" means any use meeting the definition of "dwelling, single-family attached", "dwelling, multi-family" or "mobile home" in Chapter 17.04 of the Municipal Code.

"Municipal Code" means the Municipal Code of the city of Rohnert Park, California.

"New development" means development requiring a development permit.

"Planning director" means the planning director of the city or his/her designee.

"PFFP" means the public facilities finance plan adopted by the city council, as it may be updated and amended from time to time.

"PF fee" means the public facilities fee.

"Senior Housing" means any use meeting the definition of "senior housing" in Chapter 17.04 of the Municipal Code.

"Single Family Residential" means any use meeting the definition of "dwelling, single-family detached" in Chapter 17.04 of the Municipal Code.

"Warehouse" means any use meeting the definition of "warehousing" in Chapter 17.04 of this Municipal Code.

(Ord. 715 § 1 (part), 2004)

A. Term. This chapter shall remain in effect unless and until repealed, amended or modified by the city council in accordance with applicable state law and local ordinances and procedures.

B. Annual Review. At least once every year, and in accordance with Government Code section 66006, the city manager shall prepare a report to city council on the subject of the PF fees, which report shall include the following:

1. A brief description of the type of fee in the account or fund;

2. The amount of the fee;

3. The beginning and ending balance of the account or fund;

4. The amount of fees collected and the interest earned;

5. An identification of each public improvement on which the fees were expended and the amount of the expenditures on each improvement, including a total percentage of the costs of the public improvements that was funded with fees;

6. An identification of the approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement;

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan;

8. The amount of refunds made pursuant to Government Code section 66001(e) and any allocations pursuant to Government Code section 66001(f);

9. Other such data, analysis or recommendations that the city manager may deem appropriate or as requested by the city council.

C. Development Affected. This chapter shall apply to all impact producing residential and nonresidential development as of the date of adoption of this chapter. That portion of PF fees attributable to sewer costs shall apply to each and every new connection to the sewer system.

D. Development not Affected. This chapter shall not apply to development for which a PF fee, or its equivalent, has been paid for a particular public facility prior to the adoption of this chapter; nor shall a PF fee be imposed on any use, development, project, structure, building, fence, sign or other activity which is not impact producing. Provided, that portion of the PF fees attributable to sewer costs shall apply to each and every new connection to the sewer system unless sewer capacity fees have previously paid to the city for the development.

E. Relationship to other land use regulations. Neither this chapter nor the specific PF fee resolutions shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of this code, all of which shall be operative and remain in full force and effect without limitation. (Ord. 715 § 1 (part), 2004)

(Ord. No. 840, § 6, 11-22-2011)

A. A Public Facilities (PF) fee is hereby established and is applicable to all residential and nonresidential development in the city to pay for public improvements identified in the city's general plan and public facilities finance plan. The city council shall, in a council resolution, set forth:

1. The specific amount of the fee;

2. The benefit and impact areas on which the PF fee is imposed;

3. The specific public improvements to be financed;

4. The estimated cost of these facilities; and

5. The reasonable relationship between this fee and the various types of new developments and set forth time for payment.

(Ord. 715 § 1 (part), 2004)

A. The PF fee is determined by the land use of the proposed development. The schedule of land uses is set forth as follows:

B. The total PF fee is calculated by adding together fee components associated with the planned facilities. The PF components are set forth as follows:

C. The PF fee for residential development shall be based upon the number of units constructed. The Residential Land Use Class applies to all areas designated as "Residential" on the city's general plan diagram, as it may be amended from time to time.

1. Residential development of detached single-family units shall pay the single family residential rate.

2. Residential development of multi-family units or mobile home parks shall pay the multi-family residential rate.

3. Residential development of senior housing shall pay the senior housing rate.

4. Residential development of large assisted living/congregate care facilities shall pay at the assisted living rate.

5. Bed and Breakfasts developed in Residential areas shall pay the hotel/motel rate set forth for the Commercial Land Use Class.

D. The PF fee for commercial development shall be based upon three factors:

1. The gross floor area, as defined in Chapter 17.04 of the Municipal Code including any patio area under a horizontal projection of the roof, the floor above or other covering, when such area is used for activities integral to the commercial business which is used to calculate the Traffic, Public Safety, Public Facilities and Water components;

2. The daily flow rate in gallons under average dry weather flow conditions, as determined by the city engineer, which is used to calculate the sewer component; and

3. The gross disturbed site area which is used to calculate the drainage component.

E. The Commercial Land Use Class applies to all areas designated as "Commercial" on the city's general plan diagram, as it may be amended from time to time.

1. Commercial development of general offices shall pay the general office rate.

2. Commercial development of hotels, motels or bed and breakfasts shall pay the hotel/motel rate.

3. All other development in Commercial areas shall pay the retail rate.

F. The PF fee for industrial development shall be based upon three factors

1. The gross floor area, as defined in Chapter 17.04 of the Municipal Code, including any patio area under a horizontal projection of the roof, the floor above or other covering, when such area is used for activities integral to the industrial business.

2. The daily flow rate in gallons under average dry weather flow conditions, as determined by the city engineer, which is used to calculate the sewer component; and

3. The gross disturbed site area which is used to calculate the drainage component

G. The Industrial Land Use Class applies to all areas designated as "Industrial" on the city's general plan diagram, as it may be amended from time to time.

1. General offices developed in industrial areas shall pay the general office rate set forth for the Commercial Land Use Class.

2. Industrial development of warehouses shall pay the warehouse rate.

3. All other development in industrial areas shall pay the industrial rate.

H. The PF fee for mixed use development shall be the sum of the appropriate residential development rates (based on units) and nonresidential development rates (based on square footage, daily flow rate and gross disturbed site area) for each use proposed on the site.

I. The PF fee for institutional development shall be based on the nonresidential rate that most closely reflects the proposed use (e.g. institutional offices shall pay at the general office rate).

J. The PF fee for land uses not shown in the above table will be determined by the city manager or his designee who shall determine such fee based on analysis of the public service impacts of the proposed use in relation to other uses described in subsection (A), above.

K. If a development permit is issued that would alter the amount of the PF fee due for the development or require the payment of a new or additional PF fee, any such previously paid fees shall be credited against the new total fee due, as determined by the planning director; provided, however, that, in no event, shall the city refund the fees previously paid because of a change in land use.

L. The PF fee for additions to, or replacement or intensification of an existing nonresidential use shall be paid only on the net increase in square footage, net increase in average dry weather flow rate or net increase in site disturbance compared to that which existed as of October 1, 2011.

M. Exemptions. The following new developments are exempted from paying the PF fee:

1. Second dwelling units on residential single-family lots meeting the definition of "second dwelling or residential unit" established in Chapter 17.04 of the Municipal Code;

2. Additions of accessory structures meeting the definition of "accessory building or use" established in Chapter 17.04 of the Municipal Code;

3. Addition of habitable living space to an existing single-family unit; and

4. Construction of public buildings necessary to provide service to new development. (Ord. 715 § 1 (part), 2004)

(Ord. No. 840, § 7, 11-22-2011)

The public facilities fee shall be imposed upon building permit issuance and shall be paid at the rate in effect at the time of building permit issuance, or at such earlier time as permitted by law as set forth in Government Code Section 66007. Provided, that portion of the public facilities fee based upon the cost of providing sewer or water connections shall be imposed and paid upon application for the service, unless collection at an earlier time is permitted by law. (Ord. 715 § 1 (part), 2004)

(Ord. No. 840, § 8, 11-22-2011)

A. Accounts and Limited Use of Fees. The revenue raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on the account, shall be used solely to:

1. Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 3.28.040 above, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or

2. Reimburse developers who have been required or permitted by Section 3.28.080 below to install such listed facilities, which are oversized with supplemental size, length or capacity.

If a fee account has previously been established pursuant to a separate ordinance for deposit of funds from development impact fees, such account shall be deemed to be a PF fee account pursuant to this chapter. The city shall establish and implement necessary accounting control to ensure that the fee funds are properly deposited and appropriated in accordance with this chapter and other legal requirements.

B. Appropriations. The city, as part of the annual budget and capital improvements programming process shall, each year, identify the public facility projects anticipated to be funded in whole or in part with the PF fees. The recommendations shall be based upon the annual review set forth in Section 3.28.030 and other such information as may be relevant.

The recommendations shall be consistent with the provisions of this chapter, the specific fee resolutions, applicable legal requirements and guidelines to be adopted by the city council.

C. Refunds. The revenue raised through the imposition of the PF fees is intended to fund public facilities that mitigate the impacts of new development. In accordance with Government Code Section 66001 the city may continue to collect PF fees until the identified public facilities improvement program is complete. Upon completion of the program, the city shall issue PF fee refunds in accordance with Government Code Section 66001, subsections (e) and (f).

D. Abandonment of development after initiation of construction. A property owner who has paid a PF fee for an impact producing development for which a building permit has been issued and construction initiated, but which is abandoned prior to issuance of a certificate of occupancy, shall not be eligible for a refund unless the uncompleted building is completely demolished and any utility service is disconnected. Application for a refund shall be made upon forms provided by the city. Upon receipt of a complete application for refund, the city manager shall review the application and documentary evidence submitted by the applicant as well as other information and evidence as may be deemed relevant and make a determination of whether a refund is due. Refunds by direct payment shall be made following an affirmative determination by the city manager. (Ord. 715 § 1 (part), 2004)

(Ord. No. 840, § 9, 11-22-2011)

A. Credit for Developer Construction of Facilities. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in the City's Public Facilities Finance Plan, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a credit against the PF fee, which would otherwise be charged pursuant to this article on the development project, shall be offered. The credit shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. This credit provision is supplemental to the provisions relating to reimbursement in the city's subdivision ordinance and Government Code Sections 66000 and following.

B. Overlap with Other Fees. To the extent that the PF fee includes components for financing projects already included in fees collected under other city ordinances, such other fees, when paid, shall be a credit against the appropriate components of the PF fee.

C. Overlap with Bond Financing Districts. To the extent that some or all of the projects proposed to be financed by the PF fee are financed through a community facilities district, special assessment district or other financing mechanism, participation in such other financing mechanism shall be a credit against the appropriate component of the PF fee. (Ord. 715 § 1 (part), 2004)

(Ord. No. 840, § 10, 11-22-2011)

A. Appeals. An appeal of any decision of the city pursuant to this chapter shall be made pursuant to Government Code Section 66020.

B. Exemptions. A developer of any project subject to the PF fee may apply to the city for a reduction or adjustment to that fee, or a waiver of that fee, based upon:

1. The absence of a reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed; or

2. A lack of proportionality between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed.

The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the development permit application for the project. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. 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 the city council grants an exemption to an impact producing development resulting in a waiver in whole or in part of PF fees otherwise due, the amount of the PF fee waived shall be provided by the city from other funds which shall be deposited in the public facilities fund.

(Ord. 715 § 1 (part), 2004)

A. Liberal Construction. This chapter shall be liberally construed in order to effectuate its purposes.

B. To the extent of any conflict between other city ordinances or regulations and this chapter, this chapter shall be controlling.

C. Validity of Proceedings. The inadvertent failure of any person to receive a notice, resolution order or other matter shall not affect in any way whatsoever the validity of any proceeding taken pursuant to this chapter or prevent the city from proceeding with any hearing so noticed.

(Ord. 715 § 1 (part), 2004)

This chapter provides a method for financing the construction of public facilities. This chapter does not limit the application of any other state laws or city ordinances or procedures that provide for the financing of public facilities. The city may use these provisions instead of, or in conjunction with, any other available method of financing part of all of the costs of providing public facilities.

(Ord. 715 § 1 (part), 2004)