Salinas Municipal Code § 9-47 Annual report on development related revenues and expenditures

(a) Authority. These fees are adopted pursuant to the Police Power, in accordance with powers and limitations established by Government Code Section 50076 and Article XI, Section 7 of the California Constitution.

(b) Purpose. These fees are adopted to pay the cost of capital facilities required to service on-going construction and development and are not levied for general revenue purposes.

(Ord. No. 1847 (NCS), § 1.)

(a) Every person who constructs buildings shall pay a development fee for park fee, street tree fee, storm sewer trunk line fee, and sanitary sewer trunk line fee in accordance with fees as adopted by resolution of the city council.

(b) Alternate means of compliance with this section may be approved by the public works director when such approval would serve the public interest.

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

(Ord. No. 1847 (NCS), § 1; Ord. No. 1998 (NCS), § 1.)

(a) The fee levels established by Section 9-41 shall be reviewed on July 1 of each year. The fees levels shall be compared to the Engineering News Record (ENR) Construction Cost Index.

(b) The development impact fee levels may be changed in accordance with the percentage change in the ENR index from January 1 to January 1 of each preceding year, but in no case shall the indexing increase or decrease in development impact fees allowed by this section fee exceed that shown in the ENR index.

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

(d) Before June 1 of each year, the director of public works shall prepare a report to the city council containing the calculations required by this section. If any index adjustments and fee changes are appropriate, the same shall be adopted by resolution of the city council to be effective the following July 1.

(Ord. No. 1847 (NCS), § 1; Ord. No. 2224 (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 mobilehomes in mobilehome parks requiring connection to the sanitary sewer system. However, these fees shall be applied only one time for any mobilehome pad.

(c) These fees shall apply to the installation of manufactured homes on permanent foundations. In this case, the fee basis shall be "per bedroom," as set out in Section 9-41.

(d) 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. 1847 (NCS), § 1; amended during 2-07 supplement.)

(a) Any addition of enclosed building space to a 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 said demolition work.

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

(d) Accessory dwelling units as defined in Chapter 37 (Zoning) of the Salinas City Code shall be exempt from development impact fees for a period of five years from the effective date of this revision.

(e) 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, and pursuant to Article IV of Chapter 19 of the Salinas City Code. The applicant shall have the burden of proving payment of the aforementioned fees.

(f) The ordinance codified in this section shall be considered the successor ordinance to Ordinance 1733 (NCS). The existence of a final subdivision agreement with a provision giving notice of Ordinance 1733 (NCS) shall not be construed to exempt any parcel or building permit issued thereon from payment of development fees established by this article.

(g) Vacant lots less than ten thousand square feet in area existing before June, 1978, which are zoned for single-family dwellings shall be exempt from the payment of fees prescribed in Section 9-41.

(h) Each governmentally assisted low income housing unit may be exempt from a portion of each fee established in Section 9-41. Other sources of funds shall be used to supplement the amount of fee revenue exempted. A governmentally assisted low income housing unit is defined as a housing unit which is part of a project that is constructed, developed or operated with direct financial assistance (grant or loan) from a federal, state, or local government agency for the purpose of providing housing for households of low income, as defined by the Salinas Housing Element. The Salinas city council shall determine the applicability of this exemption to specific projects.

(i) In addition to the payment of fees as required, each developer shall construct such sanitary and storm sewers within the blue borders of their subdivision map and pay one-half of the cost of sewers in any public street abutting their proposed subdivision, as are needed to serve their proposed subdivision, up to and including eight-inch sanitary sewers and twenty-four-inch storm sewers.

The difference in cost between a city required sewer and the maximum sewer required of a developer outside the blue boundary of the subdivision will be reimbursed to the developer from the respective sewer fund. Fees collected during each calendar year and not programmed by the city for other projects will be disbursed to each developer in proportion to the total amount owed by the city until the amount due is fully paid. Any money advanced by the city to the sewer funds shall be reimbursed to the city before any disbursements are made to developer.

(j) When the City of Salinas permits or requires a developer to dedicate park sites in-lieu of the payment of fees, a developer shall be reimbursed by the City of Salinas from the park fund, an amount equal to the fair market value of the land dedicated. The fair market value of the land dedicated shall be determined by the director of development in consultation with the owner(s) of land proposed for dedication. If the developer objects to the fair market value determination, the developer may, without cost to the City of Salinas, obtain an appraisal of the property by qualified real estate appraiser approved by the City of Salinas. This appraisal may be accepted by the city council if found reasonable. Alternatively, the City of Salinas and the subdivider may agree as to the fair market value.

When the city permits or requires a developer to install half streets next to a park, the developer shall be reimbursed for said costs from the park fund, an amount equal to the developer's cost. Fees collected during each calendar year and not programmed by the city for other projects will be disbursed to each developer in proportion to the total amount owed by the city until the amount due is fully paid. Any money advanced by the city to the park fund shall be reimbursed to the city before any disbursements are made to developers.

(Ord. No. 1847 (NCS), § 1; Ord. No. 1998 (NCS), §§ 2, 3.)

(Ord. No. 2616(NCS), § 1, 3-19-2019)

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

(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 for each street tree; and

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

(b) The fee for street trees established by Section 9-41(a) shall also apply to cases involving replacement of an individual tree at property owner's expense.

(Ord. No. 1847 (NCS), § 1; Ord. No. 1998 (NCS), § 4.)

(Ord. No. 2529 (NCS), § 15, 7-10-2012)

The finance officer shall establish a separate fund for each fee listed in Section 9-41(a). Money from the storm sewer trunk line fund and the sanitary sewer trunk line fund may be pooled for purposes of jointly funding storm and sanitary sewer projects. Any interest accrued on money in each fund shall be added to that fund. Expenditures from each respective fund shall be made only in accordance with the purposes for which that fund was established.

(Ord. No. 1847 (NCS), § 1.)

The finance officer shall provide information to the city council on development fee related revenues and expenditures on an individual fee account basis as part of the budget process each year.

(Ord. No. 1847 (NCS), § 1.)

(a) The fees for commercial projects as defined in the zoning code 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 be issued until the fees are paid.

(b) The fees for residential projects as defined in the zoning code including those portions of a mix-use building or development shall be due and payable at issuance of a certificate of occupancy for the construction of improvements subject to these fees, and no certificate of occupancy shall be issued until the fees are paid.

(c) 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.

(d) Violation of this article shall be a misdemeanor.

(Ord. No 1847 (NCS), § 1.)

(Ord. No. 2611 (NCS), § 1, 11-6-2018)