Santa Maria Municipal Code Ch. 8-15 Growth Mitigation Fee Program

It is the purpose and intent of this Section to implement a unified growth mitigation fee program to fund the acquisition, design and construction of certain public facilities and related equipment necessary to serve new development within the City. The Growth Mitigation Fee Program is not intended to duplicate any existing mitigation fees. The facilities to be funded by the growth mitigation fees are the facilities and equipment, as defined herein. The requirements of this section are in addition to any other requirements imposed by City ordinances, resolutions, rules or regulations. The fees required by this Section are in addition to any other means of financing facilities or improvements which may be available under State law, this Code or City policy.

(Ord. 93-10, eff. 09/04/93)

Whenever the following terms or phrases are used in this section, they shall have the following meanings:

"Applicant"

means the owner, or duly designated agent of the owner, of property as to which a request for development approval is received by the City.

"Benefit area"

means the geographic area within which growth mitigation fees are collected and expended for a particular type of capital improvement serving development projects within such area.

"Calculate"

means to determine the amount of growth mitigation fees to be collected, based on the need for capital improvements related to a particular development project.

"Capital Improvements"

means public improvements, such as land and facilities for the storage, treatment, or distribution of water; for the collection, treatment, reclamation, or disposal of wastewater; for the collection and disposal of storm waters or for flood control purposes; for transportation and transit, including, but not limited to, streets and supporting improvements, roads, overpasses, bridges, and related facilities; for parks and recreation identified in the City's adopted Capital Improvement Plan or Master Plans, or the Growth Mitigation Fee Program dated April, 1993.

"Capital Improvement Plan"

means the Plan for capital improvements adopted or updated annually by the City Council. The Capital Improvement Plan indicates the approximate location, size, time of availability and estimated cost of capital improvements to be financed with growth mitigation fees and appropriate money for capital improvement projects.

"Collection"

means the time when the growth mitigation fee due is actually paid by the applicant to the City.

"Commitment"

means earmarking, budgeting, or appropriating of growth mitigation fees to fund or partially fund capital improvements serving new development projects.

"Development"

means any building or other alteration of, or change in use. Changes in use may include, but not be limited to, conversion of general office to medical office, or conversion of retail space to restaurant/laundry/entertainment.

"Development Application"

means any formal application submitted to the City, required as a prerequisite to a development project.

"Facilities and Equipment"

means (1) administrative facilities, (2) traffic/circulation facilities, (3) water infrastructure facilities, (4) wastewater infrastructure facilities, (5) park and open space land and facilities, (6) Police Department facilities and related equipment, (7) fire stations and related equipment, (8) library facilities and related equipment, as described in the Study.

"Growth Mitigation Fee"

means a monetary exaction imposed as a condition of or in connection with approval of a development project for the purpose of defraying all or a portion of the cost of capital improvements related to the development project.

"Imposition/Impose"

means the determination that a particular development project is subject to the condition of payment of growth mitigation fees and the attachment of such requirement to the project as a condition of development approval.

"Master Plan"

means a plan adopted by the City Council for a specific type of public facility, including drainage facilities, wastewater facilities, water facilities, and traffic circulation facilities. A master plan includes, but is not limited to, an estimate of the total costs of constructing the type of facilities required by the plan and a map of the area covered by the plan, showing the location of the facilities and the benefit areas.

"Study"

means the Growth Mitigation Fee Program prepared by the City, in conjunction with the adoption of this Section, and may be amended from time to time.

(Ord. 93-10, eff. 09/04/93)

(a) Prior to the establishment or increase of any growth mitigation fee, the City shall hold a public hearing at which oral or written presentations may be made, as a part of a regularly scheduled meeting.

(b) Notice of the time and place of the hearing, including a general explanation of the matter to be considered, shall be published in accordance with State law.

(Ord. 93-10, eff. 09/04/93)

At least once every two years, the City Manager shall prepare a growth mitigation fee report to the City Council proposing any changes to the AB1600 fee program and any adjustments to the AB1600 growth mitigation fees. The report shall include, but not be limited to:

(a) Recommended amendments to this chapter and to ordinances and resolutions establishing growth mitigation fee amounts. The growth mitigation fees, as specified in this chapter, may be set by ordinance or resolution. Growth mitigation fees shall be adjusted using the Engineering News Record Construction Cost Index as a guide, as well as other cost issues affecting the acquisition, design, and construction of capital facilities;

(b) Recommended changes to the Capital Improvement Plan and to Master Plans, identifying capital improvements and estimated costs to be funded by growth mitigation fees; and

(c) Recommended changes to the boundaries of benefit areas, and reimbursement allocations.

(Ord. 93-10, eff. 09/04/93; Ord. 97-11, eff. 10/16/97)

An ordinance or resolution establishing a new growth mitigation fee or increasing an existing fee shall take effect no sooner than 60 days following the final action by the City Council on the ordinance or resolution.

(Ord. 93-10, eff. 09/04/93)

(a) Growth mitigation fees shall be imposed as a condition of approval of a development project. No tentative, final, or parcel map, grading permit, building permit, final inspection, final approval, or certificate of occupancy shall be approved, made or issued, unless the provisions of this section have been fulfilled. Request for reduction of growth mitigation fees shall be prior to the plan check approval of the project.

(b) For projects being proposed in the Downtown Specific Plan (DTSP) area, the Director of Public Works/City Engineer may offer the applicant up to a 50 percent reduction in the required traffic mitigation fee as an incentive for restaurants, wine tasting rooms, breweries, and similar uses providing the applicant adheres to the findings, vision and design guidelines and standards of the DTSP. Evaluation of proposed projects for compliance shall be by the Director of Community Development and Director of Public Works/City Engineer. Development projects will not qualify for the reduction if the project is determined not to meet the guidelines and standards of the DTSP. This fee reduction incentive would be available from January 1, 2018 until December 31, 2019.

(c) The calculation of the fees imposed, as identified in paragraph (a) above, shall be at the time of approval of a development project, except for subdivisions, which shall be at the time of building permit issuance. In no case shall the calculation be later than the date a building permit is issued. The fee shall be based on the growth mitigation fee schedule in effect at the time the fee is calculated.

(d) The applicant for a building permit shall be required to execute an acknowledgement, in a form approved by the City Attorney, to pay the fees in cases where the fees are not fully paid at fee imposition, as a condition to development approval.

(e) Growth mitigation fees for residential construction shall be paid upon request for a final inspection, except that growth mitigation fees for residential addition construction shall be paid upon issuance of the building permit.

(1) In the event that a project is constructed, but exempt from the building permit process, those fees shall be imposed, calculated, and paid prior to approval for final utility connections to structures completed for the project.

(2) For residential additional construction, not including additions that establish an Accessory Dwelling Unit as provided in Chapter 12-56, 150 square feet will be excluded from the total square footage of the residential addition when calculating the applicable growth mitigation fees. Only one 150 square foot exemption is allowed at each residence for any 12 month period.

(f) For all development projects already connected to the utility system, the water and wastewater fees, based solely on an increase in water meter size or a change in use, shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee.

(g) Except as provided in the Downtown Specific Plan, the City Council may consider allowing qualifying commercial and industrial development the ability to pay growth mitigation fees as outlined in the current fee schedule over a period of time. The maximum amount of time for payback shall be five years. The payments shall be made yearly, and interest shall be paid. Interest calculations shall be based on the average annual interest rate for the Local Agency Investment Fund. Qualifying companies who wish to pursue this option shall sign an agreement, in a form approved by the City Attorney, and shall provide financial security guaranteeing payment.

(Ord. 93-10, eff. 09/04/93; Ord. 2005-07, eff. 7/7/05; Ord. 2007-06, eff. 7/14/07; Ord. 2016-05 § 18, eff. 3/2/16; Ord. 2017-22, eff. 2/17/18; Ord. 2018-02 § 4, eff. 4/5/18)

(a) Growth mitigation fees paid pursuant to this section shall be segregated and placed in special funds for the facilities for which the fees are collected. Monies from these funds shall be expended solely for the design, construction and acquisition of the corresponding facilities and equipment, including reimbursement for such expenditures. Any financing mechanism used to finance the cost of capital improvements identified as eligible for funding under the Growth Mitigation Fee Program may be charged to growth mitigation fees, if the City Council adjusts the growth mitigation fees to accommodate the financing costs.

(b) Project exemptions from payment of growth mitigation fees were identified by the City Council at the January 19, 1993 City Council meeting by minute order.

(c) Reconstructions of existing dwelling units or additions to a single-family residential dwelling unit not constituting the addition of another dwelling unit, as defined by the Uniform Building Code, as adopted by the City Council, shall not pay any growth mitigation fees for the addition only.

(Ord. 93-10, eff. 09/04/93)

(a) An owner or developer of a parcel/lot or parcels/lots within the City may be considered eligible to enter into a reimbursement agreement with the City to reimburse the owner for the developer's approved cost of installing or acquiring one or more of the facilities and equipment. The agreement shall be in a form approved by the City Attorney. In order to qualify for any reimbursement, an applicant has to have constructed infrastructure improvements that meet two criteria: 1) the improvements must be on the adopted growth mitigation capital improvement list; and 2) the improvements must be of a size greater than that required to mitigate the impact of the development. The source of reimbursement may be growth mitigation fees from the same fee component collected in the future. The applicant shall be reimbursed only for those costs incurred over and above growth mitigation fees paid and credited. Unless otherwise agreed to between the parties to the reimbursement agreement, the City's estimate for the facility, as set forth in the Study, shall be the maximum reimbursement. The facilities and equipment for which reimbursement is provided must be dedicated to the City.

(b) The City shall not reimburse the owner for any costs related to financing any facilities and equipment, unless the City Council adjusts the growth mitigation fees to accommodate the financing costs.

(c) Any reimbursement agreement entered into under this section shall require the City to provide reimbursements for a period of up to five years. Reimbursements shall only be provided from the proceeds of the growth mitigation fees collected by the City for the same type of facility for which reimbursement is being made. Until all the facilities and equipment of the same type as the facilities and equipment acquired pursuant to the reimbursement agreement have been constructed or acquired, only 25% of the growth mitigation fee proceeds collected by the City for the same type of facility for which the reimbursement is being made shall be paid in reimbursements. The remaining 75% shall be held by the City for use to construct and acquire facilities and equipment.

(d) In the event the City enters into reimbursement agreements with the owners of different parcels which obligate the City to make reimbursement payments at the same time for the same types of facility, the owner which has executed the earliest reimbursement agreement with the City shall be entitled to growth mitigation fee proceeds before any other owner.

(e) As used in this section, facilities which are of the same "type" are those facilities identified in the same section/fee component of the Study.

(f) All reimbursements under this section shall be provided on an annual basis at the time determined by the City.

(g) None of the provisions in this section shall affect reimbursement maps which were previously recorded.

(Ord. 93-10, eff. 09/04/93)

(a) Any applicant subject to a growth mitigation fee, imposed pursuant to this chapter, who dedicates real property or interests therein, to the City, for the construction of capital improvements or who constructs, deposits money with the City for the construction of, participates in an improvement district for the construction of, or who otherwise contributes funds for capital improvements, may be eligible for a credit for such dedication, construction or contribution against the growth mitigation fee otherwise due.

(b) Any applicant subject to a growth mitigation fee imposed pursuant to this chapter, who is redeveloping a lot or parcel which has been improved and the existing structures have been used to house a residence or business duly licensed to operate in the City of Santa Maria within the 50 years preceding the adoption date of this chapter, may be eligible for a credit against the fee otherwise due.

(c) Eligibility for, and the amount of, the credit shall be determined by the City Engineer, based on adopted City standards and procedures including, but not limited to, whether the dedication, construction or contribution meets capital improvement needs for which the particular growth mitigation fee has been imposed, as provided in this chapter and the Capital Improvement Plan, applicable Master Plan, or the Growth Mitigation Fee Program dated April, 1993; whether the dedication, construction or contribution will substitute for or otherwise reduce the need for, or cost of, capital improvements anticipated to be provided with growth mitigation fee funds; the value of the dedication, construction or contribution; or in the case of redevelopment, a credit amount for an existing or previously existing use can be calculated as a part of a suitable mitigation study prepared by an appropriate design professional in conformance with guidelines established by and subject to review and approval by the City Engineer. Any request for a credit must be made in writing by the applicant to the City Engineer prior to the Planning Commission's consideration of the project. Credit shall be based upon the value of the improvement as established in the growth mitigation capital improvement list. In no event, however, shall the credit exceed the amount of the otherwise applicable growth mitigation fee.

(d) The City Council may consider granting credits or fee reductions for traffic fees only for industrial or commercial uses which cause little or no impact on traffic congestion. The City Council may also consider granting credits or fee reductions for residential uses which reduce vehicle trips by their design.

(e) Nothing in this section shall be construed to authorize credits for the cost of improvements that benefit the development on a single parcel.

(Ord. 93-10, eff. 09/04/93; Ord. 2017-01 § 79, eff. 3/9/17)

If the City has growth mitigation fees which are uncommitted within five years of collection, it shall make certain findings, on a yearly basis, to retain the fees or refund the fees. The findings shall identify the purpose to which the fee is to be put, and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. If this finding cannot be made, the portion of uncommitted fees shall be refunded to the current record owner(s) of the development project(s) on a pro rata basis, according to a refund plan approved by the City Council. If the administrative costs of refunding exceed the amount to be refunded, the fees may be used for another project serving the development that was charged the fee.

(Ord. 93-10, eff. 09/04/93)

(a) The applicant may appeal any decision of a City official to the City Council including, but not limited to, calculation of the amount of the growth mitigation fee, the number of development units, reimbursement due, applicability of an exemption, and eligibility for, and amount of, a credit or refund.

(b) The City Council may consider an appeal to allow credits to commercial or industrial uses which provide economic benefits to the City, or to local non-profit agencies.

(c) In order to perfect an appeal, the applicant must file a notice of appeal with the City Clerk within 10 days following the action of the City official that is the basis of the appeal. The notice of appeal shall include, at a minimum:

(1) Name and address of applicant/agent;

(2) Description, location and size of the affected property;

(3) Land use proposed for the affected property;

(4) Number of residential units proposed, by type and/or number of square feet of non-residential development by type;

(5) The particular circumstances giving rise to the appeal;

(6) The City official whose action is being appealed;

(7) The grounds for the appeal, i.e. why the City official's decision is erroneous;

(8) Such other relevant information as may be requested by the City.

(d) If an appeal will have an adverse effect on the beneficiaries of a previously filed reimbursement map, the beneficiaries shall be notified of the appeal.

(e) The burden of proof shall be on the appellant to establish that the decision of the City official is erroneous pursuant to the express terms or intent of this article and applicable State law including, but not limited to, Government Code Section 66000 et seq.

(f) The City Council shall schedule the appeal to be heard at a regular or special meeting to be held not more than 45 days after the filing of the notice of appeal by the appellant. At least 20 days prior to the hearing date, the City shall notify the appellant of the hearing date by certified mail, return receipt requested, at the address stated on the notice of appeal.

(g) The hearing on the appeal shall be administrative. Evidence may be submitted by the appellant and by the City. Testimony shall be under oath. The City Council shall make written findings of fact and conclusions of law after the close of the hearing. However, if it is determined from the notice of appeal, or from relevant City documents, that the appeal is improper, the City, within 20 days after receipt of the notice of appeal, shall reject the notice of appeal, stating the grounds therefor and notifying the appellant by certified mail, return receipt requested.

(h) A request for a continuance of the hearing may be made by the City Council on its own motion or at the request of the appellant. If requested by the appellant, the City Council shall determine whether a continuance should be granted.

(i) Within 30 days after the close of the administrative hearing, the City Council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested, at the address listed on the notice of appeal.

(j) The findings of fact and conclusions of law shall be completed no later than 10 days following the decision of the City Council and shall be filed with the City Clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

(k) Upon the filing of the findings of fact and conclusions of law with the City Clerk the decision of the City Council shall be deemed to be final.

(l) Any petition for judicial review of the City Council's final decision shall be filed not later than the 90th day following the date on which the decision becomes final, and shall be made in accordance with Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(m) If the growth mitigation fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney, in an amount equal to the growth mitigation fee calculated to be due, the application for development project approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the growth mitigation fee calculated by the City to be due unless sufficient and acceptable surety has been provided.

(n) If, as a result of an appeal pursuant to this section, a growth mitigation fee is reduced or waived, the City Council may determine whether and how such reduction or waiver may affect the growth mitigation fee calculation methodology. If the City Council determines that capital improvement needs are correspondingly reduced, the City Council may amend the Capital Improvement Plan, the applicable Master Plan, the growth mitigation fee calculation methodology, the applicable growth mitigation fee, or take such other action as it may deem appropriate.

(Ord. 93-10, eff. 09/04/93)

Specific growth mitigation fees imposed by Chapter 15 reflect a development's proportionate share of the cost of providing improvements necessary to meet demands created by such development at established City service level standards. As such, growth mitigation fees are additional and supplemental to, and not in substitution of, either on-site improvement requirements or off-site improvement requirements imposed by the City pursuant to zoning, subdivision or other ordinances and regulations.

(a) Exception: The intensification or enlargement of a commercial use per Section 12-32.07A shall not be subject to the City's adopted Growth Mitigation Fee Program (except required water and sewer mitigation fees). The City Council finds and determines that the commercial intensification or enlargement allowed by Section 12-32.07A will not be significant and will not have an adverse impact on the Growth Mitigation Fee Program.

(Ord. 93-10, eff. 09/04/93; Ord. 2001-21, eff. 12/19/01)

In the event of a conflict between the provisions of this ordinance and the provisions of any other ordinance or resolution establishing or amending development fees, the provisions of this ordinance shall govern.

(Ord. 93-10, eff. 09/04/93)

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that each section, subsection, sentence, clause, phrase or portion thereof would have been adopted regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. 93-10, eff. 09/04/93)

The following fees in the Schedule of Fees and Charges of the Santa Maria Municipal Code are hereby repealed: Broadway and Roemer Way Traffic Signal Improvement Area, Carlotti Drive/Donovan Road Circulation Improvement Area, Casa del Cielo Development Transportation Improvement Fee, Miller Street Corridor Area Transportation Improvement Fee, and Skyway Drive and McCoy Lane Traffic Signal Improvement Area.

(Ord. 93-10, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a City Hall mitigation fee.

(a) The base amounts for the calculation of the City Hall mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the City Hall mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total City Hall mitigation fee.

(2) Value of the fee from paragraph (a) x area in square feet = total City Hall mitigation fee.

(Ord. 93-12, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a Corporation Yard mitigation fee.

(a) The base amounts for the calculation of the Corporation Yard mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the Corporation Yard mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total Corporation Yard mitigation fee.

(2) Value of the fee from paragraph (a) x area in square feet = total Corporation Yard mitigation fee.

(Ord. 93-13, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a traffic mitigation fee.

(a) The base amounts for the calculation of the traffic mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the traffic mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total Traffic mitigation fee.

(2) Value of the fee from paragraph (a) x area in square feet = total Traffic mitigation fee.

(3) Value of the fee from paragraph (a) x number of beds = total Traffic mitigation fee.

(4) Value of the fee from paragraph (a) x number of guest rooms = total Traffic mitigation fee.

(c) "Heavy Industrial" means general heavy industrial facilities, mini-warehouses, and agricultural-related industrial uses. This definition is in contrast to that in the zoning ordinance, and is for the purpose of traffic fee calculation.

(d) "Light Industrial" means general light industrial facilities, industrial parks, warehouses, and manufacturing plants. this definition is in contrast to that in the zoning ordinance, and is for the purpose of traffic fee calculation.

(e) The City Council may consider granting credits or fee reductions for traffic fees only for industrial or commercial uses which cause little or no impact on traffic congestion. The City Council may also consider granting credits or fee reductions for residential uses which reduce vehicle trips by their design.

(f) Credit shall not be granted for improvements directly related to the property. Specifically, development of roadway adjacent to the developed site, from the property line to the first 12 feet of paving shall not be eligible for credit.

(g) The developer shall have the option to perform an independent traffic study. This separate study shall be performed under the auspices and control of the City Engineer. The developer shall pay for the study and all related costs. The developer shall have the option of paying the traffic fee as generated by the City's study or as generated by the separate study.

(Ord. 93-11, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a water mitigation fee.

(a) The base amounts for the calculation of the water mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the water mitigation fee shall be as follows:

(1) Size of meter x fee per meter = total water mitigation fee.

(2) Annexation areas have development fees, in addition to connection fees, for water infrastructure that provides direct benefit to the annexation areas only. These areas and their fees are outlined in the study on file in the City Clerk's office. The annexation areas shall be charged the development fees as outlined in the study on file in the City Clerk's office in a manner set by the City Council. All other provisions of Chapter 15 shall apply, including the sections on reimbursements and credits.

(Ord. 93-17, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a wastewater mitigation fee.

(a) The base amounts for the calculation of the wastewater mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the wastewater mitigation fee shall be as follows:

(1) Size of meter x fee per meter = total wastewater mitigation fee.

(Ord. 93-18, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a recreation and parks mitigation fee.

(a) The base amounts for the calculation of the recreation and parks mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the recreation and parks mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total recreation and parks mitigation fee.

(2) Value of the fee from paragraph (a) x area in square fee = total recreation and parks mitigation fee.

(c) Credit for AB 1600 Recreation and Parks Mitigation Fee shall be set by the "AB 1600 Recreation and Parks Mitigation Fee Credit Policy" as approved by the Recreation and Parks Commission.

(Ord. 93-14, eff. 09/04/93; Ord. 97-10, eff. 10/16/97)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a Police Department mitigation fee.

(a) The base amounts for the calculation of the Police Department mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the Police Department mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total Police Department mitigation fee.

(2) Value of the fee from paragraph (a) x area in square feet = total Police Department mitigation fee.

(Ord. 93-15, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a fire mitigation fee.

(a) The base amounts for the calculation of the fire mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the fire mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total fire mitigation fee.

(2) Value of the fee from paragraph (a) x area in square feet = total fire mitigation fee.

(Ord. 93-16, eff. 09/04/93)

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City's Municipal Code shall be comprised of a library mitigation fee.

(a) The base amounts for the calculation of the library mitigation fee are outlined in the study on file in the City Clerk's office.

(b) The formula for calculation of the library mitigation fee shall be as follows:

(1) Value of the fee from paragraph (a) x number of dwelling units = total library mitigation fee.

(2) Value of the fee from paragraph (a) x area in square feet = total library mitigation fee.

(Ord. 93-19, eff. 09/04/93)

An exemption from growth mitigation fees imposed by Section 8-15.06 shall be provided as follows:

(a) No new growth mitigation fees except new AB 1600 water and wastewater fees shall be charged for a project if the project is within any subdivision which has a tentative map approved or parcel map recorded within seven years prior to the growth mitigation fee becoming due and payable.

(b) Discretionary permits, including but not limited to, conditional use permits, planned development permits, and project review permits, which have not expired prior to September 7, 1993, and which do not contain a provision for the payment of traffic mitigation fees shall be exempt, except for new AB 1600 water and wastewater fees. Discretionary permits which have been previously conditioned to pay a traffic mitigation fee shall pay the fee. A request for a time extension for discretionary permits shall be denied if the permit has not been previously conditioned with a traffic mitigation fee.

(c) Existing subdivisions for which improvements have been constructed which are of a regional nature shall have the value of those improvements credited against their growth mitigation fees. This provision applies to subdivisions until September 7, 1998.

(Ord. 93-27, eff. 09/02/93; Ord. 95-18, eff. 04/07/95)