Shasta Lake Municipal Code Ch. 13.08 Development Impact and Service Fees and Charges

Footnotes:

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Prior history: Prior code §§ 7.04.010—7.04.100 as amended by Ords. 98-102 and 04-154.

This chapter fixes rates for water and sewer, establishes charges for capacity provided within water, sewer, transportation, and for parks and recreation and fire protection.

Plant and facility capacity charges (P&FCC) are established to pay for the capacity in the city's plants and facilities, including but not limited to capacity in the city's wastewater treatment plant, wastewater collection system, water filtration plans, water distribution system, water storage facilities, transportation, parks and recreation facilities and fire protection facilities.

(Ord. 06-170 § 1 (part))

(Ord. No. 09-200, § 1, 3-17-2009; Ord. No. 16-248, § 2.1, 3-15-2016)

A. The following rates, fees, and charges are established, and shall be charged and collected at the time of issuance of the building permit or other special permit or at such other time as agreed to by the applicant and the city:

1. Payment of rates, fees and charges provided in this chapter shall be based on the fee schedule in effect on the date a complete application is submitted.

2. This chapter shall not apply to fees and charges that are included in an assessment district.

3. Where an expanded use (e.g. expansion of a commercial or industrial use) causes an increased impact on the city services or facilities, as determined by the city engineer, the applicant shall pay applicable charges for the increased impact.

4. A.

Where the use is a replacement for a use that has been inactive for more than three years prior to the date of filing of the application, the following fees shall be paid:

Water service impact fee (capacity charge) .....$350.00

Wastewater service impact fee (capacity charge) .....500.00

B. No fees shall be charged for connection fees, tap charges, distribution charges, transportation system impact, or park and recreation facilities impact fees.

C. No credit shall be given for impact fees (capacity charges) or connection fees previously paid.

5. Where the use is a replacement for a use that has been inactive for less than three years prior to the date of filing of the application, no impact fees (capacity charges), connection fees, tap charges or distribution charges shall be paid.

6. This chapter shall not apply to homes that have suffered an unforeseen circumstance (e.g., fire, flood, seismic event) that has destroyed or rendered the home uninhabitable and the homeowner is not requesting a changed or expanded use, if the home is reconstructed within ten years of the event that caused the destruction/damage.

7. It is solely the responsibility of the owner of the parcel desiring reconnection to prove an inactive utility once served their property.

8. Inactive service connections may not be transferred to another parcel.

9. This section does not create a future reservation for capacity.

(Ord. 08-197 § 1 (part); Ord. 08-192 § 1: Ord. 06-170 § 1 (part))

(Ord. No. 10-208, § 1, 1-5-2010; Ord. No. 16-248, 2.1, 3-15-2016)

A. Purpose. The purpose of the water system impact fee is to further and protect the health and safety of the citizens of the city by providing for facilities to ensure a continuing supply of potable water, including new water mains and storage reservoirs. Federal, state and city regulations establish minimum standards for potable water required to adequately serve residential and other land uses, as well as to provide for fire protection. As the population increases and new development locates or existing development expands in the city, there will be an attendant demand to expand the facilities necessary to provide an adequate supply of potable water for domestic consumption, fire protection and non-domestic purposes such as industry and commerce. Charges and fee in this section were developed in conjunction with the "Water and Wastewater Capacity Fee Report, March 2018."

B. Definitions. For the purposes of this section:

1. "AWWA" means the American Water Works Association.

2. "Meter Hydraulic Capacity Ratio of 1" means any premises served by a standard five-eighths inch water meter. Typically, this would include single-family residences, duplex dwelling units, and small commercial businesses served by a standard five-eighths inch meter. Meter Hydraulic Capacity Ratios for larger meters: three-fourths inch, one-inch, one and one-half inch, two-inch, three-inch, four-inch, six-inch and eight-inch, have been computed using the ratio of the larger meter's rated capacity to the rated capacity of a standard five-eighths inch meter. These rated capacities are obtained from AWWA's Manual M-1.

3. "User" means any person or persons, all entities, public or private, residential, industrial, commercial, governmental, or institutional, who receive water as defined by the California State Department of Health Services, Division of Drinking Water, as either potable or reclaimed at a service connection, fire hydrant or fire service system.

4. "Frontage" means the actual distance that the parcel of property bears along the water main from which service is to be obtained.

(Ord. 06-170 § 1 (part))

(Ord. No. 18-271, 5-1-2018)

The charge represents a contributive share of the costs to provide funds for use in constructing all or a portion of capital improvements necessary to serve new customers. Each premise as defined in this chapter applying for a new or larger water service, as distinguished from a change in location, shall pay the current capacity charge, based on meter size, per the "Meter Hydraulic Capacity Ratio," as follows:

A. Assessment of Meter Hydraulic Capacity Ratios.

B. The capacity charge shall be the meter size hydraulic capacity ratio times five thousand three hundred sixty-seven dollars ($5,367.00).

(Ord. 06-170 § 1 (part))

(Ord. No. 18-271, 5-1-2018)

A. Where water service is to be obtained from an existing main funded by the city, a water distribution main charge shall be imposed.

B. The water distribution main charge shall be sixteen dollars ($16.00) per fronting foot of the parcel. When the main does not and will not run the entire front of the property, the fee shall be charged for a minimum of sixty (60) feet.

C. Where the main has been installed pursuant to a reimbursement agreement with the city, the city may impose fees and charges consistent with that agreement.

(Ord. 06-170 § 1 (part))

The charge for a water service connection and meter shall be levied at city cost, and shall be paid before the meter is unsealed for customer use. A deposit based on the city's estimate of expected cost may be required before installation of services larger than one inch. The charge for a meter only (service lateral already exists and connection fees are paid) shall be levied at city cost.

(Ord. 06-170 § 1 (part))

(Ord. No. 15-239, § 1, 2-17-2015)

A. Purpose. The purpose of the sewer system impact fee is to further and protect the health and safety of the citizens of the city by providing for the construction of sewage and wastewater facilities, including new sewer or expanded mains, lift stations, treatment plants and effluent disposal facilities. As new development occurs, or existing development expands, there will be an additional burden placed on the existing sewer and wastewater collection, treatment and disposal systems. Federal, state and city health requirements set minimum standards for effluent treatment that results in the demand for new sewer and wastewater facilities. Fees and charges in this section were developed in conjunction with the "Water and Wastewater Capacity Fee Report, March 2018."

B. Definitions. For the purposes of this section:

1. "Single-family dwelling unit or equivalent" means a building containing only one kitchen, designed for or used to house not more than one-family, including all domestic employees of the family.

2. "Lateral" means a public sewer that receives wastewater from one or more sewer connections.

3. "Sewer tap" means the action by the city of installing an opening in a sewer main to accommodate a building sewer connection.

4. "POTW" means publicly owned treatment works of the city, including the entire facilities for collecting, transporting, pumping, treating and disposing of domestic and industrial wastewaters, located within and outside the city limits and either owned, operated, maintained or controlled by the city.

5. "Sewer" means only those conduits intended to carry sewage and wastewater (commonly called sanitary sewers), and does not mean conduits used to carry stormwater (commonly called storm sewers).

6. "Building sewer" means a privately owned and maintained conduit that conveys wastewater from a single premise to a public sewer.

7. "Trunk sewer" means a public sewer which transports sewage away from a general area, neighborhood, or subdivision.

8. "User" means any person or persons, all entities, public or private, residential, industrial, commercial, governmental or institutional, who discharge or cause to be discharged wastewater and waterborne wastes into the POTW of the city, or who directly or indirectly cause impact or potential impact to the POTW of the city.

9. "Wastewater" means the spent water from residences, commercial buildings, industrial plants, institutions and business offices, including liquid and waterborne waste, but excluding uncontaminated groundwater, surface water and stormwater.

(Ord. 06-170 § 1 (part))

(Ord. No. 18-271, 5-1-2018)

A. A fee shall be imposed for the computed reasonable contributive share of the cost of construction of sewer system improvements (trunk sewer, interceptors and pumping facilities) and treatment plant expansion shall be paid per household equivalents as follows:

1. Assessment of Household Equivalents.

a. Residential Connections.

i. Single-family dwelling units shall be assessed at the rate of one single-family equivalent connection per unit, including:

(A) Apartments and condominiums.

ii. Transient multiple housing units such as hotels, motels, and boarding houses shall be assessed at the rate of one single-family equivalent plus 0.332 single-family equivalent per unit. Commercial trailer parks and overnight camper and trailer parks shall be assessed at the rate of one single-family equivalent plus 0.332 household equivalents per pad.

b. Nonresidential Connections. Each nonresidential unit shall be assessed a household equivalent value as determined by one or more of the procedures identified below, but no connection shall be assessed less than one household equivalent:

i. Similarity to like discharges served by the city's POTW;

ii. Field measurement of wastewater flow and wastewater constituents and characteristics;

iii. Calculation of wastewater flow based on expected or actual water consumption, and taking into account water used in manufacturing products and for irrigation, cooling and evaporation;

iv. Typical values reported in the literature when the procedures identified above are inadequate to characterize the expected discharge.

2. The capacity charge for treatment plant and collection system improvements per single household equivalent shall be five thousand three hundred fifty dollars ($5,350.00).

(Ord. 06-170 § 1 (part))

(Ord. No. 18-271, 5-1-2018)

A sewer connection permit shall be required for all new, altered or relocated sewer connections to the city sewer system. The permit fee shall cover the cost of city engineering, administration, inspection and associated services. The permit fee is sixty dollars ($60.00).

(Ord. 06-170 § 1 (part))

Editor's note— Ord. No. 18-271, adopted May 1, 2018, repealed § 13.08.043, which pertained to trunk sewer capacity charge and derived from Ord. 06-170 § 1 (part).

A. A charge shall be made for installation by the city of a tap fitting for parcels that were not provided with and did not pay for a sewer tee fitting during construction of the sewer main. The city shall not be responsible for construction of the sewer service connection or excavation for the tap fitting installation.

B. The charge for the installation of a sewer tap for a four-inch connection and for a six-inch connection is as set forth as follows:

(Ord. 06-170 § 1 (part))

A. Upon review by the director of public works, in consultation with the city engineer, industrial and commercial customers who incorporate low-flow technology into new construction or building additions may receive a proportionate discount in wastewater connection charges.

B. The director of public works, in consultation with the city engineer and based on satisfactory data supplied regarding low-flow fixtures and appliances, may determine reduction in the single-family equivalent wastewater connection charge on a flow proportionate basis.

(Ord. 06-170 § 1 (part))

A. Purpose. The purpose of the parks and recreation facilities impact fee is to provide for the planning, acquisition, improvement, expansion and financing of public parks, playgrounds and recreational facilities. If this need were not met, the well-being of city residents could be adversely affected. In order to address this potential and to meet city recreation standards, it is appropriate that new development pay for additional park and recreation facilities attributable to the impact of such development.

B. Fee Schedule. A fee for each residential building permit shall be paid to the city as required by this section, except for permits issued covering work performed on buildings or structures owned by any city, county, state or federal agency or any public agency or district. Fees imposed pursuant to this section shall be based on the fee schedule in effect on the date the appropriate building permit is issued. All fees shall be paid to the city prior to the issuance of a building permit.

C. Park Facility Impact Fees. The park facility impact fees for one single-family dwelling unit or equivalent shall be three thousand one hundred seventy-eight dollars ($3,178.00).

The park facility impact fees for one multi-family dwelling unit or equivalent shall be two thousand eight hundred ninety dollars ($2,890.00).

The park facility fees for any structure or building other than a single-family or multi-family dwelling, as defined above, shall be computed by multiplying the fee for one single-family dwelling unit by an equivalency factor for park and recreation and summing the results to obtain the number of equivalent single-family dwelling unit charges to be made.

The equivalency factor for park and recreation shall be determined by the following Equivalency Factors Table:

(Ord. 08-197 § 1 (part); Ord. 06-170 § 1 (part))

Editor's note— Ord. No. 16-248, § 2.1, adopted March 15, 2016, repealed former § 13.08.060 in its entirety which pertained to electric system impact fees and derived from Ord. No. 06-170, § 1, Ord. No. 06-180, § 1.

A. Purpose. The purpose of this fee is to provide for a fund for payment of the actual or estimated costs of the design, upgrading or improvement of the traffic network, including any required acquisition of land related to new development in accordance with the development forecast under the city of Shasta Lake general plan. As the amount of new development contemplated by the general plan occurs, there will be an additional burden on the citywide surface transportation system. Without funding identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents and generally reduced public safety throughout the city.

B. Transportation Impact Fee Zone. There is established the transportation development impact fee zone, with its boundaries being the incorporated limits of Shasta Lake, California, as they may exist from time to time.

C. Fee Schedule. The following fee schedule is based on an inflation factor using the year; the current fees were developed (1991) through 2005. Based on the impact fee study dated April 19, 2005, the fee imposed pursuant to this section shall be based on the fee schedule in effect on the date of the fee payer's application for the appropriate building permit and shall be paid to the city prior to the issuance of a building permit or a permit for mobile home installation, as follows:

1. Single-Family—Base Fee is Per Dwelling Unit.

a. The base fee in effect 2/2/06 shall be one thousand one hundred seventy-seven dollars ($1,177.00) to be escalated as follows: one hundred (100) percent of base fee increased each year by the Construction Cost Index as published in the most recent November Engineering News Record.

2. Multiple-Family—Base Fee is Per Dwelling Unit.

a. The base fee in effect 2/2/06 shall be eight hundred twenty-eight dollars ($828.00) to be escalated as follows: one hundred (100) percent of base fee increased each year by the Construction Cost Index as published in the most recent November Engineering News Record.

3. Commercial—Base Fee is Per Square Feet.

a. The base fee in effect 2/2/06 shall be three dollars and ninety-seven cents ($3.97) per square foot to be escalated as follows: one hundred (100) percent of base fee increased each year by the Construction Cost Index as published in the most recent November Engineering News Record.

4. Office—Base Fee is Per Square Feet.

a. The base fee in effect 2/2/06 shall be two dollars and ninety-six cents ($2.96) per square foot to be escalated as follows: one hundred (100) percent of base fee increased each year by the Construction Cost Index as published in the most recent November Engineering News Record.

5. Industrial—Base Fee is Per Square Feet.

a. The base fee in effect 2/2/06 shall be one dollar and sixty-seven cents ($1.67) per square foot to be escalated as follows: one hundred (100) percent of base fee increased January 1 each year by the Construction Cost Index as published in the most recent November Engineering News Record.

D. Exemptions. Any claim of exemption must be made no later than the time of issuance of a building permit. Any claim not so made shall be deemed waived.

The following shall be exempted from payment of the impact fee:

1. Alterations or expansion of an existing building where no additional dwelling units are created, where the use is not changed, or where no additional vehicular trips will be produced over and above those produced by the existing use;

2. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land;

3. The replacement of a demolished, destroyed or partially destroyed building or structure with a new building or structure of the same size and use; provided, that no additional trips will be produced over and above those produced by the original use of the land and provided a building permit application is submitted to the city within three years from the date the building or structure was demolished, destroyed, or partially destroyed.

E. Credits.

1. An application for a new development project shall be entitled to a credit against the amount of the traffic impact fee required by this chapter, if the applicant agrees to dedicate non-site-related right-of-way and/or to construct non-site-related roadway improvements which are included in the general plan or traffic impact fee program.

2. No credit shall be given for site-related improvements or site-related right-of-way dedications.

3. A separate application shall be filed for each adjustment request made pursuant to this section. Such application shall be filed with the development services director or his or her designee on a form provided by the director, not later than:

a. Thirty (30) days prior to the first planning commission public hearing on an applicable discretionary permit application for the development project, pursuant to the city zoning and subdivision ordinance; or

b. If no such discretionary permit is required, at the time of application for a building permit for the development project. Each application shall provide the documentation and assurances specified below.

4. The planning commission shall consider the fee adjustment application at the same public hearing as the application for a discretionary development permit for the development project, or, if no such permit is required, the development services director or his or her designee shall consider the application within sixty (60) days after the application for credit is deemed complete by the director.

5. Credit for the Dedication of Non-Site-Related Right-of-Way. Credit for the dedication of non-site-related right-of-way for streets or street segments listed in the general plan or traffic impact fee program shall be valued at one hundred fifteen (115) percent of the most recent assessed value as determined by the Shasta County assessor, or at the fair market value established by a private appraiser acceptable to the city. Credit for the dedication of right-of-way shall be provided when the property has been conveyed at no charge to, and accepted by, the city.

6. Credit for Construction of Non-Site-Related Improvements. Applicants for credit for construction of non-site-related road improvements shall submit acceptable engineering drawings, specifications and construction cost estimates to the director. For discretionary permits, the director shall recommend to the planning commission the amount of the credit for improvement construction based on either these cost estimates or alternative estimates if the director determines that the estimates submitted by the applicant are either unreliable or inaccurate.

7. The director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his or her agreement to the terms of the letter or certificate and return such signed document to the director before credit will be given. The failure of the applicant to sign, date and return such document within sixty (60) calendar days shall nullify the credit.

8. No final inspection or certificate of occupancy for the development project shall be issued until:

a. The roadway improvements are completed and accepted by the city or state, whichever is applicable;

b. A suitable maintenance and warranty bond is received and accepted by the city when applicable; and

c. All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the then-current city or state design standards, whichever are applicable.

9. Credit may be provided before completion of specified roadway improvements if adequate assurances are given by the applicant that the standards set out in subsection (E)(9) of this section will be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the city attorney in an amount determined by the planning commission or director.

If the road construction project will not be constructed within two years of the acceptance of the offer by the planning commission or director, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The security shall be reviewed and approved by the city attorney prior to acceptance of the security by the director.

10. Credits shall not be transferable from one project or development to another without the approval of the city council.

11. Any person may appeal the decision of the planning commission to the city council, and the decision of the director to the planning commission by filing a written appeal with the director together with a fee established by resolution of the city council, within ten calendar days of the decision.

(Ord. 06-170 § 1 (part))

A. Purpose. See Section 17.84.080, Paved street requirements.

B. Fee Schedule. The following fee schedule is based on an inflation factor using the year; the current fees were developed (1985) through 2005, based on the dust mitigation fee study dated May 16, 2005.

1. The base fee in effect 2/2/06 shall be one thousand three hundred thirteen dollars ($1,313.00) per parcel, to be escalated as follows, one hundred (100) percent of base fee increased January 1 each year by the Construction Cost Index as published in the most recent November Engineering News Record.

(Ord. 06-170 § 1 (part))

A. Purpose. The purpose of this fee is to protect the health, safety and welfare of the community and to ensure that adequate capital fire facilities are provided and maintained for the residents of the city. As new development occurs, there will be an additional burden and increased demand for fire protection services. So that new development in the city pays its fair share of the cost of providing these facilities, the levy of fees to fund fire protection facilities is necessary.

B. Establishment of Fee. A fire protection facilities impact fee is established in the incorporated area of the city to pay for the improvement of fire protection facilities. The fee shall be established by resolution of the city council and shall set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated costs of these facilities, describe the reasonable relationship between this fee and the various types of new developments, and set forth the time of payment of fees.

C. Collection of Fees.

1. It shall be a condition of approval of any new development project proposed within the city that the identified development fee be paid to the Shasta Lake Fire Protection District for the benefit of the owners or residents of the development. In development projects subject to such a condition, a certificate issued by the fire protection district stating that the requirements of the district have been satisfied must be presented to the city building division prior to issuance of a building permit.

2. In relation to collection of the fire protection facilities impact fee, the responsibility for compliance with the requirements of Government Code Section 66000 et seq. (Mitigation Fee Act) and for the collection, receipting, and management of fees collected from new development projects shall rest with the Shasta Lake Fire Protection District.

(Ord. No. 09-200, § 2, 3-17-2009)

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*Note—California Environment Quality Act (CEQA): The city council hereby determines that the fire protection facilities impact fee established by this section is solely a mechanism to finance future activities which may or may not each be subject to the provisions of CEQA. The fee is not, itself, a project subject to provisions provided in Title 14 of the California Code of Regulations, Section 15378(b)(4). (Ord. No. 09-200, § 3, 3-17-2009)