§ 9-610

In order to implement General Plan policies for adequate public facilities and to mitigate the impact of new development on existing public facilities and services, this Chapter establishes development impact fees and infrastructure reimbursement charges to finance off-site public improvements needed for development and ensure that applicants pay for their development's fair share of the costs of these improvements. In establishing these fees, the Board of Supervisors has found the fee to be consistent with the General Plan and the Mitigation Fee Act in Government Code Sections 66000 through 66008 and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the County's housing needs as established in the Housing Element of the General Plan.

This section establishes common procedures, consistent with the Mitigation Fee Act, to be followed for each of the individual fee programs.

(a)

Establishment of Development Impact Fees for Infrastructure Financing. The Board of Supervisors shall periodically establish and update development impact fees for infrastructure financing for specific public facilities, including road improvements and traffic mitigation, water supply and wastewater collection and disposal facilities, stormwater drainage, fire protection and other County capital facilities. This shall be done after a duly-noticed public hearing, by a Resolution that:

(1)

Sets forth the purpose of the fee;

(2)

Identifies the specific use(s) or facilities to be financed, the existing level of service for each use or facility, any proposed changes in these levels of services, and the reasons for such change(s);

(3)

Establishes a fee proportionate to the square footage of proposed units for housing developments and other metrics, as appropriate, for non-residential development;

(4)

Determines how there is a reasonable relationship between a fee's use and the type of development on which the fee is imposed;

(5)

Determines that there is a reasonable relationship between the use of the fee for a specific category of public facilities and type(s) of development project(s) for which the fee is imposed;

(6)

Determines whether any adjustments in fees for housing development are necessary, pursuant to Government Code Sections 66005.1 and 66016.5, for project with specified characteristics (e.g., reduced number of parking spaces) or in specific locations (e.g., within one-half mile of a transit station or convenience retail uses);

(7)

Establishes an administrative cost for the fee program to be added into the fee; and

(8)

Establishes a separate capital facilities account for each identified facility into which the fees shall be placed, provides for appropriation of the fees, and references the proposed construction schedule or improvement plan adopted by the Department of Public Works for the public facilities.

An Impact Fee Nexus Report prepared for the County may be used to substantiate the required findings by providing factual details and methodologies on how the reasonable relationship between the use of the fee for a specific category of public facilities and the type of development project on which the fee is imposed was determined.

(b)

Annual Increase. Any fee established pursuant to a resolution under this Chapter shall be automatically increased each year by an amount equal to the Engineering Construction Cost Index as published by the Engineering News Record for the prior time period.

(c)

Interest. All fees and charges collected pursuant to this Chapter shall be credited with interest on such fees while in the possession of the County. The interest earned shall be credited to the account in which the fee or charge was deposited and shall be used solely to pay for the public facilities authorized under this Chapter and the appropriate adopting resolution for the fee schedule.

(d)

Payment of Fees. The fees and charges to be collected under this Chapter are due shall be paid upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, or approval of any discretionary permit if no building permit is required unless the applicant qualifies for the Deferred Fee Payment Program and has executed a Deferred Fee Payment Agreement with the County or, in the case of

residential development, payment of the fees prior to issuance of a certificate of occupancy is allowed by Government Code Section 66006.5.

(1)

If a development has multiple types of uses, the fee shall be collected proportionately on each use based in square footage of space or number of dwelling units.

(2)

When application is made for a new building permit following the expiration of a previously issued building permit for which the fee was paid, the fee payment shall not be required, unless the fee schedule has been amended during the interim, in this event, the appropriate increase or decrease shall be imposed.

(3)

If subsequent development occurs with respect to property for which the fee has been paid, an additional fee shall be required only for additional square footage of development that was not included in computing the prior fee.

(4)

If a development is converted to a more intense use, a fee shall be required which shall be the difference between the current fee for the original use and the current fee for the more intense use.

(e)

Report on Fees or Refunds. The Director of Public Works shall prepare a report each fiscal year identifying the purpose to which each fee is to be put, documenting use of the fees and charges collected and the account balances, excluding letters of credit or other security instruments, in its various facilities accounts five or more years after deposit of the fee, and demonstrating a reasonable relationship between the fees collected and disbursed and the purpose for which they were charged.

(1)

There shall be refunded to the then current record owner or owners of the lots or units of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to this section.

(2)

The refund shall be made from the unexpended or uncommitted revenues by direct payment, by providing a temporary suspension of fees, or by any other means consistent with the intent of this Section.

(3)

If the administrative costs of refunding unexpended or uncommitted revenues pursuant to this subdivision exceed the amount to be refunded, the Board of Supervisors, after a public hearing, may determine that the revenues shall be allocated for some other purpose for which the fees are collected, and which serves the project on which the fee was originally imposed.

(f)

Deferral Fee Payment Program. A Deferred Fee Payment Program shall be initiated when the Board of Supervisors, in a Board Resolution, sets forth the following:

(1)

The purpose of the Program;

(2)

The conditions of eligibility for participation in the Program;

(3)

The securities of applicants to the Program that will be required; and

(4)

The penalty assessment for noncompliance with provisions of the Program.

(5)

Participants in this program shall be obligated to enter into a Deferred Fee Payment Agreement prior to the issuance of a building permit.

(g)

Use of Fees. The fees and charges paid pursuant to this Chapter shall be placed in separate capital facilities accounts to avoid co-mingling of the fees and charges with other funds of the County. The fees and charges may be temporarily invested. Such fees and charges, along with any interest earnings, shall be used solely to pay for those use(s) and public facilities for which the fee or charge was established and may include:

(1)

Paying for the design and construction of designated public facilities and reasonable costs of outside consultant studies related thereto;

(2)

Reimbursing the County for designated public facilities constructed by the County with funds, other than grants or gifts, from other sources;

(3)

Reimbursing developers who have been required or permitted to design and construct public roads or other facilities that are oversized with supplemental size, length, or capacity; and

(4)

Paying for and/or reimbursing County costs of program development and ongoing administration of the Development Impact Fees program.

(h)

Developer Construction of Facilities. Whenever a developer is required, as a condition of approval of a development permit, to design and/or construct a public facility that exceeds the size, length, or capacity needed for the impacts of that development, and when such construction or equipment is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged to the development project, may be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burden created by the development.

(i)

Fee Adjustments or Waivers. A developer of any project subject to any of the fees or charges established by this Chapter may apply to the Board of Supervisors for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus, or a different relationship, between the impacts of the 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 Clerk of the Board of Supervisors ten days prior to the public hearing on the development permit application for the project or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment.

(1)

County staff shall prepare a report and recommendation for the Board of Supervisors consideration.

(2)

The Board of Supervisors shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application.

(3)

The decision of the Board of Supervisors shall be final.

(4)

If a reduction, adjustment, or waiver is granted, any change in use or within the project or change in the size of the project shall invalidate the waiver, adjustment, or reduction of the fee.

(j)

Exemptions.

(1)

No fee or charge established by this Chapter shall be applied to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed because of a natural disaster

as declared by the Governor.

(2)

No fee or charge established by this Chapter shall be applied to the construction of any agricultural building as defined by the California Building Code.

(k)

Protests. Any protest as to the imposition of a fee, dedication, reservation, or exaction may be filed with the Board of Supervisors, in accordance with law.

(1)

Such protest must be in writing and accompanied by payment in full or satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements of the development approval. The protest shall include a statement that payment is tendered or that all conditions have been provided for and a statement setting forth the factual elements and legal theories on which the protest is based.

(2)

A protest must be filed at the time of approval or upon conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservations, or exactions on the development. A legal action may be filed within 180 days of filing a protest under this section to attack, review, set aside, void, or annul the imposition of fees, dedications, reservations, or exactions. Approval or conditional approval occurs when a Tentative Map or a Parcel Map is approved or when a Parcel Map is recorded if a Tentative Map or Parcel Map is not required.

Authority for a Development Impact Fee Program for Traffic Mitigation is hereby established for new development in the unincorporated area of the County to pay for transportation facilities to mitigate the impact related to the new developments, including but not limited to traffic signalization, roadway improvements, and bridge construction or reconstruction. The fee for this program shall be collected as adopted and annually updated by the Board of Supervisors.

(a)

Establishment of Infrastructure Reimbursement Charge. Authority for an Infrastructure Reimbursement Charge for facilities identified in an Area Facilities Plan is hereby established in the unincorporated area of the County to provide reimbursement for construction of storm drainage, water supply, or sanitary sewer facilities. The charge shall be set by Resolution of the Board of Supervisors after County approval of a developer commitment to build infrastructure under an approved Area Facilities Plan.

(1)

The specific Infrastructure Reimbursement Charge for a development project shall be based on the total cost of constructing the work shown on the Area Facilities Plan, as determined by the Director of Public Works, and a reasonable apportionment of such estimated cost to the properties that will benefit from the construction of the work.

(2)

The Infrastructure Reimbursement Charges collected shall be placed in an interest-bearing Designated Fund based on the type of facilities and area.

(b)

Credit. Whenever an Area Facilities Plan facility, or a portion of an Area Facilities Plan facility, is required to be built by a developer, the developer will be credited the cost of those improvements built to reduce his Infrastructure Reimbursement Charge. In the event the credit exceeds the developer's obligation, a reimbursement will be made to the developer.

(c)

Payment of Charge. The Infrastructure Reimbursement Charge shall be paid by all projects with the Area Facilities Plan service area, prior, to issuance of a building permit, approval of a discretionary permit or when the Director of Public Works determines that a direct benefit has been received.

(d)

Deferred Charge Payment. Whenever there is no direct benefit to a property for which an Infrastructure Reimbursement Charge has been set, the payment of the Infrastructure Reimbursement Charge will be deferred until a direct benefit has been established, as determined by the Director of Public Works and execution of a Deferred Infrastructure Charge Agreement. At the option of the developer, a deposit in the amount of the Infrastructure Reimbursement Charge can be placed into a trust account to avoid placing an encumbrance on the property.

(e)

Use of Collected Funds. No more than 90 percent of the money collected under provisions of this Chapter is to be used solely for reimbursements or refunds, as established below, to allow up to 10 percent of the money collected to be used for administration of the Infrastructure Reimbursement Charge program.

(f)

Reimbursements. As collected Infrastructure Reimbursement Charge money is available within a Designated Fund, the County may reimburse reasonable developers' costs of the built facilities as follows:

(1)

The Director of Public Works shall annually determine the availability of such funds and may authorize their disbursement.

(2)

For individual projects, the Director of Public Works shall determine the amount and reasonableness of developers' costs including planning, designing, and constructing facilities identified in an Area Facilities Plan that may be reimbursed.

(3)

All reimbursement authorized by the Director of Public Works will be processed such that the developer who constructed the first improvements will be fully reimbursed prior to reimbursement to other developers who will be subsequently reimbursed in which the Area Facilities Plan facilities are constructed and accepted as complete by the County.

(g)

Refunds. The Director of Public Works shall refund Infrastructure Reimbursement Charge money paid upon cancellation or withdrawal of a building permit or discretionary permit by the applicant as provided below:

(1)

A refund processing fee, set by Resolution, will be withheld from the amount refunded.

(2)

In the event a Designated Fund within a specific service area has been used for construction or reimbursement for construction of facilities for which it was collected, refunds will be approved only when adequate funds are available in the Designated Fund.

Authority for a water facilities impact fees for new development in the unincorporated area of the County is hereby established to pay for water facilities to mitigate the impact related to the new developments, including but not limited to projects to convey and treat an additional supply of and to allow for the conjunctive use of, the groundwater and surface waters. The fee for this program shall not be collected until the Board of Supervisors adopts a specific development impact fee for water facilities through a Board Resolution addressing the requirements in Section 9-611.020 (a), Establishment of Development Impact Fees for Infrastructure Financing.

(a)

Establishment of Fire Protection Facilities Improvement Fee Program. Authority for a Fire Protection Facilities Improvement Fee is hereby established for development in the unincorporated area of the County to pay for the improvement of fire protection facilities due to the impacts of development. This fee shall not be collected until the Board of Supervisors, in a Board resolution, establishes a fire protection facilities improvement fee addressing the requirements in Section 9-611.020 (a), Establishment of Development Impact Fees for Infrastructure Financing.

(1)

Fire districts requesting that this fee be imposed shall submit information to the County upon which the Board of Supervisors may make the findings required by this subsection.

(2)

The fire districts shall adhere to guidelines developed by the County regarding the sufficiency of the materials submitted and the procedures to be followed for the submission.

(b)

Staff. The County Fire Warden shall act as staff to the Board of Supervisors and shall be responsible for implementation of this fee program. The Community Development Department shall assist the County Fire Warden.

(a)

Establishment of County Capital Facilities Development Impact Fee Program. Authority for a County Capital Facilities Fee Program is hereby established; this program is needed to finance region-serving Capital Facilities located throughout the County that are used by the residents and businesses within each city as well as the unincorporated area and are impacted by development and to ensure that new development pays its proportional share for these improvements. The fee for this program shall not be collected until the Board of Supervisors identifies specific region-serving capital facilities to be funded by the County's Capital Facilities Development Impact Fee Program and then adopts a specific Capital Facilities impact fee through a Board Resolution following the requirements in Section 9-611.020 (a), Establishment of Development Impact Fees for Infrastructure Financing.

(b)

County Capital Facilities Development Impact Fees Accounts. The County shall hold County Capital Facility Development Impact Fee revenues collected in a separate County Capital Facility Fee account for each Capital Facility. Fee revenues accruing in these accounts shall be expended for the purpose for which they were collected. The County shall account for all fee revenues, including interest accrued, and allocate them for the purposes for which the original fee was imposed.

No application for residential development(s), including Tentative Maps and Tentative Parcel Maps, or a Zone Reclassification(s) for residential development shall be approved unless the school district provides documentation to the Planning Commission demonstrating that adequate school facilities will be available concurrently with the need for such facilities and including the following:

(a)

Evidence that the school district has imposed all school mitigation fees pursuant to the Mitigation Fee Act or equivalent mitigation measures not otherwise prohibited by statute;

(b)

A current copy of the district's School Facilities Plan that documents its existing facilities, provides future school facilities projections, both short and long term, and demonstrates the use of the current and projected revenues which are anticipated to meet those needs; and

(c)

Documentation of the district's efforts to seek all available funding and the prospects for seeking and/or obtaining funds in the reasonably foreseeable future.

(d)

The Zoning Administrator may waive submission of the detailed information required in paragraphs (b) and (c) if similar information has been provided to the County by the affected school district within the prior year.

Series 700: - Supplemental Development Regulations Chapter 9-700 - Agri-Tourism