Sebastopol Municipal Code Ch. 3.38 General Government Facilities Impact Fee

In order to implement the goals and objectives of the Sebastopol General Plan, and to mitigate the impacts caused by future development in the City, certain public facilities must be constructed. The City Council has determined that a general government facilities impact fee is needed in order to finance and to fund expansion of government facilities that are required to mitigate the impacts of new development on the City’s infrastructure. In establishing the general government facilities impact fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan. (Ord. 1134 § 1 (Exh. A), 2021)

A. A general government facilities impact fee (“general government facilities impact fee”) is established pursuant to Government Code Section 66000 et seq. (“Mitigation Fee Act”) to pay for expansions to general government facilities.

B. Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the impact fee, describe the benefit and impact area on which the impact fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the general government facilities impact fee and the need for the public facilities and the types of future development projects on which the impact fee is imposed, and set forth time for payment.

C. As described in the fee resolution, this development fee is due prior to issuance of a building permit, but may be deferred at the election of the developer until the certificate of occupancy is issued. (Ord. 1134 § 1 (Exh. A), 2021)

The general government facilities fee will be used to fund government facilities to maintain the existing level of service the City provides. As new development occurs, the City will be required to expand general facilities to maintain the existing standard. The City will, through their capital improvement plan (CIP) process, allocate the funds to eligible expansion projects as they are identified. (Ord. 1134 § 1 (Exh. A), 2021)

The ordinance codified in this chapter was adopted at a noticed public hearing, at which time the Council also considered the initial development impact fee resolution, which resolution and associated studies were available to the general public for a period of at least 14 days prior to the public hearing. This fee shall apply to the issuance of any building permit, for all development projects issued 60 days following the passage of the ordinance codified in this chapter. The ordinance codified in this chapter shall be published once within 15 days of its adoption in a newspaper of general circulation within the City of Sebastopol. (Ord. 1134 § 1 (Exh. A), 2021)