Chapter 2.53 — FEES FOR NEW DEVELOPMENT

The Board of Supervisors has determined that:

(a)

New development in the unincorporated area of San Mateo County adds incrementally to the burden on existing County public roads and drainage systems.

(b)

There is a need to finance a Countywide program to reconstruct existing public roads which have suffered deterioration to the extent that operational aspects of the road are in danger of becoming impaired, to upgrade existing public roads to meet the additional burden caused by increased development and to establish a mechanism to finance drainage facility improvements in easements that are reaching the end of their serviceable life.

(Ord. 4324, 08/15/06)

The Board of Supervisors has further determined that there is a reasonable relationship between the roadway and drainage facilities and improvements which will be financed with fees collected, and the development projects upon which the fees will be imposed, in that additional development will lead to an increased use of the road and drainage facilities with the consequential additional burden on the road and drainage facilities. Accordingly, the following fees and charges are established.

(Ord. 4324, 08/15/06)

Except as otherwise provided herein, fees shall be imposed on all building permits and subdivision applications for new residential, commercial, and industrial development in the following amounts:

Type of Development Fee

Residential $1.25 per square foot of assessable space

Industrial $1.25 per square foot of assessable space

Commercial-Self-Storage $0.08 per square foot of assessable space

Commercial-Lodging $1.25 per square foot of assessable space

Commercial-Retail $2.50 per square foot of assessable space

Commercial-Office $2.50 per square foot of assessable space

The fee represents the portion of the approximate cost of reconstructing the travel surface of the County's public road system and the drainage facilities which is attributable to the proposed development.

(Ord. 4324, 08/15/06)

A fee in the amount specified in section 2.53.030 of this chapter, shall also be charged for building permits for any reconstruction or remodeling of existing residential, commercial, or industrial structures. The fee will be charged only on the increase in assessable space resulting from the reconstruction or remodeling.

(Ord. 4324, 08/15/06)

The Director of Public Works shall identify and establish areas of benefit for the unincorporated area of the County based on development and traffic patterns. An area of benefit shall be identified for each area where it can be determined that the roads within the area are predominantly used by development located within the area.

(Ord. 4324, 08/15/06)

There is created in the Office of the County Auditor/Controller and the County Treasurer a special interest- bearing fund entitled "San Mateo Countywide Roadway Improvement Fund." All amounts collected for roadway development fees under this chapter shall be deposited in the fund.

(Ord. 4324, 08/15/06)

(a)

Fees collected from development in an established area of benefit may only be used to reconstruct public roads and drainage facilities lying within the same area.

(b)

Fees may be used only for reconstruction of roads and drainage facilities, and not for routine or periodic maintenance. For purposes of this chapter, reconstruction must, at a minimum, meet the standards for road construction as set forth in the "Guidelines, Relating to Gas Tax Expenditures on Streets and Roads," as published by the Office of the State Controller, as such guidelines may be amended from time to time. Reconstruction of drainage facilities should be limited to reconstructing those facilities that were built at the time of subdivision development or subsequent assessment district procedures, and which are located in dedicated easements.

(c)

As used in this chapter, "reconstruction" includes, but is not limited to planning, design, and environmental review of reconstruction projects for existing roads and drainage facilities, and repaving of existing roads.

(Ord. 4324, 08/15/06)

(Ord. No. 04461, § 1, 2-10-2009)

(a)

On January 1st of each year beginning in 2001, the development fees imposed by this chapter shall be adjusted by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period.

(b)

The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of approval of the building permit or tentative subdivision map. The Board of Supervisors shall review the adequacy of the development fees established herein at least once every five (5) years or, if it deems appropriate, more often than once every five (5) years.

(c)

The Department of Public Works shall provide an annual report to the Board of Supervisors which specifies any change in the fee due to automatic annual adjustments, the status of trust funds established to fund the cost of mitigating traffic impacts associated with new development, and the status of any improvement projects financed in full or in part by funds collected.

(Ord. 4324, 08/15/06)

Applicants for building permits and subdivision approvals required to pay fees under this chapter may, as an alternative to paying the fee, offer to construct road improvements determined by the Director of Public Works to be appropriate for the type of development being proposed. In making such determination, the Public Works Director shall take into consideration the extent to which the proposed improvements would be consistent with the existing road improvements in the immediate vicinity, and the extent to which the road improvements would either improve or impair the operational characteristics of the public road if installed immediately. In exchange for such offer, the applicant shall receive a partial or full offset of the fee which would otherwise be required.

(Ord. 4324, 08/15/06)

(a)

The establishment of the fee prescribed in this chapter shall not relieve an applicant for a building permit or subdivision approval from the requirement to make such other road drainage facility improvements as are provided by County regulations, as they may be amended from time to time, including the requirement to improve private roads serving a parcel, and the requirement to improve all roads, public or private, lying within the limits of a subdivision.

(b)

Commercial and industrial development shall remain subject to the requirement to construct such public street improvements as are required by County regulations, as they may be amended from time to time.

(Ord. 4324, 08/15/06)

For purposes of this chapter:

"New residential development" means a new single or multi-family residential structure.

(Ord. 4324, 08/15/06)

"commercial-self-storage."

For purposes of this chapter:

(a)

"Commercial retail development" means any of those uses described in Table 7.1P of the San Mateo County General Plan as primary feasible uses, or uses similar thereto, under the following land use designation: General Commercial, Neighborhood Commercial, and Coastside Commercial Recreation. Excepted from this definition are those uses defined as "Commercial-Lodging Facilities" uses in subsection (c) of this section.

(b)

"Commercial-Office Development" means any of those uses in Table 7.1P of the San Mateo County General Plan as primary feasible uses, or uses similar thereto, under the following land use designations: Office-Commercial and Office/Residential.

(c)

"Commercial-Lodging Facilities" means a hotel, motel, lodge, inn, or similar structure that has transient occupancy as its primary use.

(d)

"Industrial development" means any of those uses described in Table 7.1P of the San Mateo County General Plan as primary feasible uses, or uses similar thereto, under the following land use designation: Solid Waste Site, General Industrial, Heavy Industrial, and Airport.

(e)

"Commercial-Self-Storage" means facilities constructed for purposes of renting areas to individuals or businesses to be used for storing personal property.

(Ord. 4324, 08/15/06)

(a)

In the case of residential development, "assessable space" means all of the square footage within the perimeter of residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar area.

(b)

In the case of industrial and commercial development, "assessable space" means the gross square footage of floor area within the industrial or commercial structure.

(Ord. 4324, 08/15/06)

(a)

An applicant for a building permit or permits for a farm labor housing project, as defined in Policy 3.35 of the San Mateo County Local Coastal Program, shall be exempt from payment of fees provided by this chapter.

(b)

An applicant for a building permit or permits for a housing development for lower income housing, as defined in subdivision (b) of section 65915 of the Government Code, or a successor statute, shall be exempt from the payment of fees provided by this chapter, provided that the applicant agrees to the requirement for continued affordability set forth in subdivision (c) of section 65915 of the Government Code, or a successor stature. Such exemption shall only apply to those units in any development project which meet the definition of lower income housing.

(c)

An applicant for a building permit for a greenhouse shall be exempt from payment of fees provided by this chapter.

(d)

An applicant for a permit for a development project which requires, as a condition of approval of the permit, that no persons occupying or otherwise using the development project may employ private motor vehicles to travel to or from the development project, shall be exempt from payment of fees provided by this chapter. This exemption shall only apply for the period during which such condition is in effect. The applicant for a permit amendment to delete a condition prohibiting motor vehicles access to a development project shall be required to pay traffic mitigation fees as a condition of approval of the amendment.

(Ord. 4324, 08/15/06)

(a)

If property which would otherwise be subject to payment of a fee under this chapter has, at any time in the past, been made subject to payment of assessments under an assessment district for road improvements, or has incurred an obligation for payment of specific assessments in the future, the applicant for a building permit on such property shall, upon request, be entitled to a credit against the fee otherwise payable under this chapter. The amount of credit shall be the principal amount of the assessments, and shall not include any interest paid on the principal.

(b)

If property which has previously paid a fee under this chapter is made subject to payment of assessments under an assessment district for road improvements that could be paid for from fees collected pursuant to this chapter at any time in the future, such property shall, upon request, be entitled to a credit against the principal amount payable under the assessment district, in the amount of the fee previously paid.

(Ord. 4324, 08/15/06)