San Clemente Municipal Code Ch. 15.52 Public Facilities Construction Fund Fee

A. Purpose. .....The City Council finds that, in order to mitigate the impact of new development on beach parking, municipal office space, and public safety services, the City will need to: (1) improve beach parking areas; (2) acquire additional office space for municipal staff; and (3) expend more resources to furnish public safety services to the citizens of San Clemente. The City Council has determined that a public facilities construction fund fee is necessary to finance these expenditures. The City Council further finds that the establishment of the public facilities construction fund fee is consistent with the General Plan of the City.

B. Establishment of Public Facilities Construction Fund Fee. .....The City establishes the "Public Facilities Construction Fund Fee" which has been created by combining the Public Safety Building Construction Fee, the Beach Parking Impact Fee and the Civic Center Construction Fund Fee and adding thereto an additional fee component referred to above as the "Civic Center Construction Fund Fee." The "Public Facilities Construction Fund Fee" is established and imposed upon the issuance of all building permits issued for the development of new units within the city. This fee shall be calculated to reflect the development's fair share of the cost of mitigating the increased demand such development places on beach parking, municipal office space, and public safety services within the City. The City Council shall, by resolution, set forth the specific amount of the Public Facilities Construction Fund Fee for different classes of development, establish different geographical boundaries, and specify the geographical boundaries, by separate resolution.

C. Use of Public Facilities Construction Fund Fee. .....That portion of the revenues and interest generated by the Public Facilities Construction Fund Fee attributable to the need for funding capital expenses necessary to fund public safety services shall be deposited in that existing account referred to as the Public Safety Construction Fund Fee Account. That portion of the revenues and interest generated by the Public Facilities Construction Fund Fee attributable to the need for improved beach parking shall be deposited in that existing account referred to as the Beach Parking Impact Fee Account. That portion of the revenues and interest generated by the Public Facilities Construction Fund Fee attributable to new municipal office space shall be deposited in an account referred to as the Civic Center Construction Fund Fee Account. The City Council shall set forth the manner of dividing the Public Facilities Construction Fund Fee into these separate accounts by separate resolution.

D. Adjustment of Fee. .....The Public Facilities Construction Fund Fee shall annually be adjusted each January 1st by the increase or decrease in the consumer price index reflected in the "Consumer Price Index - All Urban Consumers - Los Angeles - Anaheim - Riverside - All Items, 1982-1984 = 100" as published by the United States Department of Labor, Bureau of Labor Statistics. The city Council may also adjust such fee when it finds that the cost of providing beach parking, obtaining municipal office space, or providing public safety services has increased in excess of the change in the consumer price index.

E. Collection and Refund. .....The amount of fees due hereunder shall be determined and collected at the time a building permit is sought for the respective units. No building permits shall be issued authorizing the construction or establishment of any units without payment of the fee. Refunds for payment will be allowed upon application, when it is demonstrated to the satisfaction of the City Manager or his or her designee that the unit has not been established or constructed.

F. Exemptions and Appeals. .....A building permit applicant may appeal the imposition or amount of the Public Facilities Construction Fund Fee on its development by submitting a written appeal to the Director of Community Development or the Director's designee. The Director shall review the appeal and rule thereon within sixty (60) days of receipt of that appeal. The appellant shall show that its development is not the type of project which will add additional demand on beach parking, municipal office space, or public safety services. Any determination of the Director or the Director's designee may be appealed to the City Council in the same manner as provided under Chapter 17.12 of the City Zoning Ordinance.

(Ord. 1174 § 2, 1996: prior code § 32A-12)