Selma Municipal Code Ch. 2 Development Impact Fees

(A) The City Council hereby creates and establishes a development impact fee ("the fee") for the City which shall be used to mitigate unfavorable impacts attributed to new development. Specifically, this fee shall be used by the City to pay a portion of the costs of designated public facilities and, insofar as is permissible, for operations cost increases due to development. This fee shall be based on a formula designed to insure that developers pay their fair share of the costs of such public facilities required to serve the City's growing population.

(B) Such public facilities are currently identified by category in the draft of the City's Capital Improvement Program (CIP), which shall be adopted and revised annually. The CIP facilities may be added to or deleted from the plan, but the City Council directs that this fee shall be used only for public facilities in these categories: government and public safety facilities, vehicles and equipment, essential infrastructure and related facilities, and cultural and recreation facilities required for the continued health, safety and general welfare of the people of the City.

For purposes of this Chapter, these words shall have the following meanings:

COSTS OF PUBLIC FACILITIES: Any costs related to acquisition, construction, repair and financing of public facilities and equipment funded through the City's CIP and to the extent permitted by law for the increased costs of Safety Departments operations resulting from development impact on those services.

CULTURAL AND RECREATION FACILITIES: Any recreation buildings, parks, playgrounds, pools, courts and similar facilities located in the City.

ESSENTIAL INFRASTRUCTURE: Any facilities for the collection and disposal of storm waters and for flood control purposes; transportation and transit facilities, including but not limited to streets, alleys and supporting improvements, roads, overpasses, public transit equipment and related facilities; and any other capital projects identified in the CIP.

GOVERNMENT FACILITIES: City Hall, City garage and corporation yard, City offices and City parking areas, and similar facilities in or through which the City conducts general City operations.

NEW DEVELOPMENT: Any residential, commercial, or industrial development, including development.

PUBLIC FACILITIES: Government and public safety facilities, essential infrastructure and related facilities, cultural and recreation facilities and capital equipment.

PUBLIC SAFETY FACILITIES: Any capital improvements or capital equipment related to City police and fire operations.

RELATED FACILITIES: Any major landscaping, fountains, monuments, signs and similar facilities, activities and operations of general benefit to the City.

The City Council is committed to maintaining the same level of public facilities and services and the same public facilities-to-population relationship which existed on the date of the adoption of this Chapter in order to ensure that, to the extent City growth occurs in the future, there will be the same level of public facilities and services that existed on said date. The City Council finds that a reasonable relationship exists between the need for additional public facilities, equipment and operations and the type of development project for which the fee is imposed for the following reasons:

(A) The City Council has determined that commercial and industrial developments result in a need for additional public services, which in turn, ultimately result in a need for additional government and public safety facilities and essential infrastructure and related facilities. Based on the level of public services and the public facilities-to- population relationship which existed on the date of the adoption of this Chapter, and the extent to which commercial and industrial developments contribute to growth, the City Council determines that commercial and industrial development should be assessed at rates to be established by resolution of the said City Council as the fair share of contribution for the costs of these required public facilities and services.

(B) The City Council has determined that residential development, including new mobile home park development, results in significant increases in City population, and that such residential development adversely affects the public facilities-to-population relationship which existed on the date of the adoption of this Chapter. The City Council has further determined that because residential development results in significant increases in population, such development results in the need for additional government and public safety facilities, essential infrastructure and related facilities, and cultural and recreation facilities, and public safety operational costs based on the public facilities-to- population relationship which existed on said date and the extent to which residential development contributes to the City's growth, the City Council determines that residential development shall be assessed at the rate established by resolution of the City Council for the costs for these required public facilities and services. (Ord. 931, 6-4-1990)

(C) The City Council has determined that development agreements and assessment districts approved by the City provide for public improvements for which the expense is not provided for by the standard fees provided for in this Title and for which a zone of benefit and schedule of special fees and charges are necessary to equitably charge the properties benefited by such improvements. The zone of benefit and schedule of surcharge fees shall be established in essentially the same manner as provided in this Chapter but no annual revision or determination is required beyond the initial establishment of such surcharge fees which may use the development agreement, assessment proceedings or other similar contract and statutory proceedings as the basis for the "costs reasonably borne" provisions of Section 12-3-3 of this Title. (Ord. 98-5, 7-6-1998)

The fees set forth herein shall be adjusted from time to time but not less than annually as of July 1 of each year, subject to City Council review and approval, to reflect changes in costs as determined by the City Manager and the department head staff. (Ord. 931, 6-4-1990)

The City Council finds that there is a reasonable relationship between the amount of the fees set by resolution of the City Council and the cost of the public facilities or portions thereof attributable to the development on which the fees are imposed. The basis for such determination is set out in reports to the City Council from the City Manager and such consultants as the City Council determines is necessary to develop accurate costs and fees to cover such costs. (Ord. 931, 6-4-1990)

The City Council finds that there is a reasonable relationship between the use of the fee for specified categories of public facilities and the type of development project for which the fee is imposed for the following reasons:

(A) The City Council finds that the use of fees generated from commercial and industrial development for cultural and recreation facilities is not reasonable because the City Council determines that there is no substantial demand placed on such facilities as a result of commercial and industrial development. Because commercial and industrial developments do increase demand on government and public safety facilities and essential infrastructure and related facilities, the City Council finds that the use of fees generated from commercial and industrial development for such facilities is reasonable.

(B) The City Council finds that the use of fees generated from residential development for government and public safety facilities, essential infrastructure and related facilities, and cultural and recreation facilities is reasonable because growth in the residential population places demand on all such facilities.

(C) The City Council further finds that funding of the costs of government and public safety facilities, including capital equipment set forth in the CIP, accomplishes the goals and purposes set forth in subsections (A) and (B) of this Section and that the use revenues generated by development impact fees for projects and outlays set forth in the CIP is warranted and justified. (Ord. 931, 6-4-1990)

Any owner or developer applying for a building permit for commercial or industrial development shall be assessed and shall pay the fee in conjunction with payment for the building permit subject to the provision of Government Code section 66007. Any owner or developer of a residential development shall pay the fee on the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. In the case of a subdivision, the fees shall be paid on a lump sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. (Ord. 931, 6-4-1990)

Any developer engaging in development activities which satisfy the following criteria shall not be required to pay the fee:

(A) An alteration which does not increase the floor area of a structure; or

(B) An addition to a single-family residential dwelling unit which does not constitute the addition of a dwelling unit as defined by the Uniform Building Code. (Ord. 931, 6-4-1990)

(A) Pursuant to Government Code section 66006, the City Council directs that all fees collected hereunder shall be maintained in a fund separate from the City's General Fund and shall be separated into two (2) special accounts, one for fees generated from residential development, and the other for fees generated from commercial and industrial development. The City shall utilize the fees in these accounts, along with any interest earnings, only for the costs of public facilities as specified herein.

(B) If a fee paid by a developer for a particular development has been retained by the City for five (5) or more years, and the City has not committed that fee to costs for public facilities, then the City Council shall make findings describing the continuing need to retain the fee each fiscal year after the first five (5) years.

(C) If the City Council does not make such findings, then the City Council shall refund the collected fees as appropriate. (Ord. 931, 6-4-1990)

Each fiscal year, at the time of adoption of the Capital Improvement Program, the City Council shall do the following:

(A) Identify the purpose to which the fee is to be put; and

(B) Demonstrate whether there is a reasonable relationship between the fee and the purpose for which the fee was charged. If the City Council determines that there is such reasonable relationship, then such determination shall be supported as appropriate. (Ord. 931, 6-4-1990)

The Planning and Development Director has provided public notice that adoption of this Chapter will produce no significant impact on the environment and of the intent of the City Council to adopt a declaration to that effect. The City Council has reviewed such notice, along with the initial study and staff report, and hereby finds that there will be no significant environmental impacts from adoption of this Chapter, and adopts said negative declaration in accordance with the California Environmental Quality Act. (Ord. 931, 6-4-1990)