Sanger Municipal Code § 50-30 Fee adjustments

Footnotes:

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State Law reference— Municipal authority to levy a developmental fee, Government Code § 66000 et seq.

In order to implement the goals and objectives of the circulation, public facilities and housing elements of the city's general plan, and to mitigate the impacts caused by new development in the city, various public improvements must be or had to be constructed. The city council has determined that development impact fees are needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fees described in the following sections, the city council has found that these fees are consistent with the general plan and, pursuant to Government Code § 65013.2, the council has considered the effects of the fees with respect to the city's housing needs as established in the housing element of the general plan.

(Code 1960, § 19A.1)

(a) Impact and improvement fees shall be collected by the city upon the issuance of all building permits, subdivision maps, parcel maps, conditional use permits and site plan reviews, to pay for public improvements made necessary or utilized by the proposed development project.

(b) Impact and improvement fees shall be collected for the following public improvements:

(1) Water service facilities;

(2) Sewer service facilities;

(3) Park and recreation service facilities;

(4) Storm drain/flood control service facilities;

(5) Area road and traffic service facilities;

(6) Solid waste major facilities; and

(7) Public safety facilities.

(c) The city council is authorized to adopt resolutions which set forth the specific amounts of the fees for each type of service facility in the various areas of the city, describe the benefit and impact areas on which the respective development fees are imposed, list the specific public improvements to be financed, describe the estimated costs of these respective facilities and describe the reasonable relationship between these fees and the various types of new developments.

(d) These development fees shall be paid for commercial and industrial projects prior to issuance of any building permit, and for residential projects, when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first.

(e) On an annual basis, the city council shall review these fees to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Code 1960, § 19A.2; Ord. No. 887, § 1, 6-17-93)

The revenues raised by payment of the fees shall be placed in separate and special accounts, and such revenues, along with any interest earnings on those accounts, shall be used solely to:

(1) Pay for the city's future construction of facilities described in the resolution enacted pursuant to section 50-27, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

(2) Reimburse developers who have been required or permitted by section 50-29 to install listed facilities which are oversized with supplemental size, length, or capacity, than required only for their own development project.

(Code 1960, § 19A.3)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to section 50-27, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction 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 pursuant to this article on the development project, shall 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 burdens created by the development.

(Code 1960, § 19A.4)

A developer of any project subject to the fees described in section 50-27 may apply to the city council for a reduction or adjustment to those fees, or a waiver of those fees, based upon the absence of any reasonable relationship or nexus between the impacts of that 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 city clerk not later than 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. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Code 1960, § 19A.5)