Salinas Municipal Code § 19-48 Use of revenue

These fees are adopted pursuant to Section 37101 of the California Government Code for revenue purposes.

(Ord. No. 1733 (NCS), § 1.)

(a) The fees imposed by Section 19-43 shall be suspended from the effective date of Section 9-41 until the date on which fees imposed by Section 9-41 shall cease to apply.

(b) However, if for any reason any construction is determined to be exempt from fees imposed by Section 9-41, then the fees imposed by Section 19-43 shall apply.

(c) During the period this suspension is in effect the report and indexing adjustments required by this article need not be prepared.

(d) This section shall in no way limit operation of the annexation fee imposed by section 19-52.

(Ord. No. 1847 (NCS), § 3.)

Every person who constructs buildings shall pay a license fee to be calculated as follows:

(Ord. No. 1733 (NCS), § 1.)

(a) The fee levels established by section 19-43 shall be adjusted on July 1 of each year in accordance with the Engineering News Record (ENR) construction cost index.

(b) The ENR index level for October 1, 1977, shall be the base level and development impact fee levels shall be changed in proportion to the change in the ENR index from the base year to October 1 of each following year.

(c) When calculating the fee level to be charged for the coming fiscal year, increments of less than one dollar shall be rounded downward to the nearest dollar.

(d) In January of each year, the director of finance shall prepare an informational memorandum containing the calculations required by this section. If any fee changes are appropriate, the same shall be adopted by resolution of the Council to be effective the following July 1. Proposals for fee adjustments above and beyond the index adjustments may be considered in conjunction with the index adjustments.

(Ord. No. 1733 (NCS), § 1.)

(a) These fees shall apply to improvements requiring a building permit whenever proposed improvements involve the creation or addition of square footage of enclosed building space.

(b) These fees shall apply to the installation of mobile homes requiring connection to the sanitary sewer system. However, these fees shall be applied only one time to any mobile home pad.

(c) In the case of fees charged on a per bedroom basis, "bedroom" shall mean any room which is readily adaptable to sleeping purposes. Labels on building plans such as "den" or "sewing room" will not be conclusive if the location, design and size of the room makes it readily adaptable to sleeping purposes.

(Ord. No. 1733 (NCS), § 1; Ord. No. 1753 (NCS), § 1.)

(a) Any addition of enclosed building space to an owner-occupied single-family dwelling shall be exempt from the development impact fees if the proposed addition will not change the character of the building as a single-family dwelling.

(b) Whenever enclosed building space is demolished, any construction of enclosed building space which takes place on the same parcel within five years of that demolition shall be exempt from development impact fees to the extent of the number of square feet and the number of bedrooms removed from the parcel as a result of such demolition work.

(c) Buildings or occupied mobile home pads which are within the current city limits on the effective date of the ordinance codified in this article, shall be exempt from the imposition of these development impact fees to the extent of their present dimensions.

(d) When calculating the amount of fees due pursuant to the provisions of this article, credit shall be given for any and all fees previously paid with respect to the parcel being developed for sanitary sewer, engineering and inspection, map checking, street tree, and park and playground purposes. However, a parcel shall be exempt from payment of any additional development fees pursuant to this article if a final subdivision agreement has previously been approved by the city, which fully discharges or releases that parcel from any further obligation with respect to the types of capital facilities to be financed by the fees prescribed in this article. The applicant shall have the burden of proving payment of any of the aforementioned fees, or discharge or release of any further obligation with respect thereto.

(Ord. No. 1733 (NCS), § 1.)

(a) The developer may furnish and install street trees in lieu of paying any street tree fee, provided he:

(1) Agrees to install ten or more street trees;

(2) Agrees to install the street trees to city standards;

(3) Agrees to cooperate with city inspection efforts and to pay an inspection fee of five dollars per street tree; and

(4) Obtains administrative approval from the economic and community development director before issuance of a building permit.

(b) Persons required to pay any development import fees required by this article shall not be relieved from the payment of any license tax for the privilege of doing business required under any other ordinance of the city.

(c) Fixture units for purposes of calculating the sanitary sewer fees shall be as defined in the current adopted edition of the Uniform Plumbing Code.

(Ord. No. 1733 (NCS), § 1.)

(Ord. No. 2529 (NCS), § 17, 7-10-2012)

(a) The director of finance shall establish a special fund for revenues from the storm sewer trunk line fee, the sanitary sewer trunk fine fee, the neighborhood park fee, the street tree fee and the annexation fee.

(b) The storm sewer trunk line fee and the sanitary sewer trunk line fee may be pooled in a single account. Expenditures from this account shall be restricted to public works directly attributable to ongoing development. There shall be a separate account for the neighborhood park fee and any expenditures from that account shall be restricted to land or improvements related to neighborhood parks. There shall be a separate account for the street tree fee and any expenditures from that account shall be restricted to expenses related to street trees. There shall be a separate account for the annexation fee prescribed by Section 19-52 and expenditures from that account shall be restricted to public improvements made necessary by ongoing development.

(c) There shall be a separate trust fund for qualified school districts. School site fee revenues will be accounted for separately for each qualified school district and shall be paid from the trust fund to qualified school districts according to their entitlement on or about October 1 of each year. Until the date these revenues are paid to the appropriate school district, the city shall be entitled to any interest received as reimbursement for the expense of administration of the fund.

(Ord. No. 1733 (NCS), § 1.)

(a) "Qualified school district," for purposes of this article, shall be any elementary school district operating within the municipal boundaries of the city which:

(1) Adopts a resolution stating its intention to cooperate with the city in the implementation of general and specific plans of the city, in determining suitable locations for elementary school sites, and to pay fees, as appropriate, for services rendered by the city to the school district; and

(2) Establishes a special fund for revenues received pursuant to this article and agrees to restrict the use of those revenues to elementary school site acquisition and improvements, which may include the construction of classrooms; and

(3) Files a report with the finance director on or about September 1 of each year itemizing any expenditures from the aforementioned special fund during the previous fiscal year.

(b) A qualified school district shall be entitled to receive school site fee revenues paid pursuant to this article for development which takes place within the boundaries of that elementary school district.

(c) In the event a school district becomes disqualified under the terms of this section, the director of community development shall present those facts to the city council. If the city council makes a finding that the school district is no longer qualified, the city shall terminate the collection of school site fees on development which takes place within the boundaries of the disqualified school district.

(Ord. No. 1733 (NCS), § 1.)

(a) In January of each year the finance director shall submit a report on development-fee-related revenues and expenditures to the city council. This report shall state revenues and expenditures from the special funds established herein for each type of capital facility, for each fiscal year from and after the adoption of the ordinance codified in this article.

(b) The report shall include the latest reports received from qualified school districts pursuant to Section 19-49(a)(3).

(c) The report shall include the informational memorandum on the ENR construction cost index showing the adjustments to development impact fee levels required by Section 19-44.

(Ord. No. 1733 (NCS), § 1.)

(a) These fees shall be due and payable before the issuance of a building permit for the construction of improvements subject to these fees, and no building permit shall issue until the fees are paid. In the case of a mobile home or any governmental agency benefited by the services to be provided, these fees shall be due and payable before connection to the sanitary sewer system shall be allowed.

(b) Remedies for violation of this article shall be as provided for elsewhere in this chapter.

(c) If any section, subsection, sentence, clause or phrase of this article 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 the article. The city council hereby declares that it would have passed this article and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 1733 (NCS), § 1.)

(a) In addition to the other fees established by this article, there shall be an annexation fee of five hundred dollars per acre.

(b) At least one hundred dollars per acre shall be on deposit with the city before the city council will take final action on an annexation proposal; provided, however, part or all of the payment of this fee may be deferred by the council when multiple ownerships of land to be annexed would make impractical the collection of this fee. Should part or all of the fee be deferred, the part deferred shall be collected as provided in subsection (c) of this section.

(c) The remaining amount of the annexation fee shall be paid prior to the occurrence of any of the following events, whichever occurs first:

(1) Approval of a final subdivision agreement, or a minor subdivision agreement, not related or accessory to the continued agricultural use of the property; or

(2) The issuance of a discretionary permit by the city which makes payment of the remaining fees a condition to approval of a permit which is not related or accessory to the continued agricultural use of the property.

(d) The liability of paying the fees established by this section shall run with the land and shall be binding on each successor in interest of any portion of the land annexed, to the e0xtent of the portion owned by him, until the proportionate share of fees relating thereto has been paid.

(e) The city council may waive part or all of the annexation fee when multiple ownerships of land to be annexed would make impractical the collection of this fee.

(f) The revenues received pursuant to this section shall be deposited in the special fund created by Section 19-48 of this Code and may be expended on public improvements made necessary by on-going development.

(Ord. No. 1733 (NCS), § 1; Ord. No. 1903 (NCS), § 1: Ord. No. 1924 §§ 1, 2.)