Soledad Municipal Code Ch. 14.06 Public Facilities Development Impact Fees

Footnotes:

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Editor's note— Ord. No. 739, adopted October 6, 2021, amended the Code by, in effect, repealing former Ch. 14.06, §§ 14.06.010—14.06.120, and adding a new Ch. 14.06. Former Ch. 14.06 pertained to similar subject matter, and derived from Ord. No. 637 of 2006; Ord. No. 652 of 2007; Ord. No. 664 of 2009; and Ord. No. 681, § 2, adopted October 2, 2013.

This chapter shall be known and may be cited as the "Public Facilities Development Impact Fee Ordinance."

(Ord. No. 739, § 2, 10-6-2021)

A. The purpose of this chapter is to impose public facilities development impact mitigation fees on new residential, commercial, industrial and other developments in the city in order to offset the costs of upgrading and expanding public facilities and public services necessitated by such developments.

B. General Use Guidelines. In addition to any use identified in a specific section of this chapter, revenues raised by payment of identified public facilities development impact fees may be used within the category of facilities for which they were established for the following purposes:

1. To pay for the design, engineering, right of way acquisition and construction of designated facilities and improvements and reasonable costs of outside consultant studies related thereto; and

2. To reimburse the city for designated improvements constructed with city funds from other sources, together with accrued interest; and

3. To reimburse developers who have designed and constructed designated improvements which are oversized with supplemental size, length or capacity, in an amount established by written contract and approved by the city engineer based on construction costs and/or appraisals prior to the issuance of building permits; and

4. To pay for and/or reimburse costs of program development and ongoing administration of the involved public facility development impact fee program.

C. Unexpended Funds: Whenever fees collected pursuant to this ordinance remain unexpended or uncommitted for five or more years after the deposit of the fee, the city shall follow the reporting, and if applicable, refund process set forth in Government Code Section 66001(d).

(Ord. No. 739, § 2, 10-6-2021)

Fees imposed by this chapter shall be due and payable on the date of final inspection of the development, or on the date the certificate of occupancy for the same is issued, whichever occurs later.

(Ord. No. 739, § 2, 10-6-2021)

Fees or charges imposed pursuant to this chapter upon single-family or multi-family residential "development projects", as defined in California Government Code Section 65928, shall be effective no sooner than sixty days following the final action on the adoption of the fee or charge, or increase in the fee or charge.

(Ord. No. 739, § 2, 10-6-2021)

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the Soledad Development Impact Fee Justification Study prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and/or acquisition of municipal "public safety" (police and fire) facilities, equipment, and vehicles and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing public safety facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a public safety facilities development impact fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit: Notwithstanding the provisions of subsection B of this section, the public safety facilities development impact fee may be adjusted in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of public safety capital facilities to meet needs created by the new development. (E.g. Construction of oversized improvements or off-site improvements; provision of property.) Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "public safety facilities development impact fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short-term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of public safety facilities as made necessary by new residential, commercial, industrial and other developments in the city. The term "facilities" as used herein includes land, buildings and other improvements to land, and capital items of police and/or fire equipment, including vehicles.

(Ord. No. 739, § 2, 10-6-2021)

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the City of Soledad Development Impact Fee Justification Study prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, and industrial projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of general government facilities, vehicles and equipment, and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing government facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a general government facilities development impact fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit: Notwithstanding the provisions of subsection B of this section, the general government facilities development impact fee may be adjusted in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of general government facilities to meet needs created by the new development. (E.g. Construction of oversized improvements or off-site improvements; provision of property.) Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund created and established for such purpose, known and designated as the "general government facilities development impact fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of general government facilities as made necessary by new residential, commercial, and industrial developments in the city. The term "facilities" as used herein includes land, buildings and other improvements to land, and capital items of general government facilities equipment, including vehicles.

(Ord. No. 739, § 2, 10-6-2021)

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the City of Soledad Development Impact Fee Justification Study prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of traffic facilities, and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing traffic facilities, such as but not limited to streets, traffic signals and bridges, and the estimated capital costs of constructing and/or acquiring the same, a traffic facilities development impact fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit:

1. Notwithstanding the provisions of subsection B of this section, the traffic facilities development impact fee may be adjusted in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of traffic facilities to meet needs created by the new development. The City may also negotiate with a developer to construct a street or signal improvement (or portion thereof) contained in the City's Planned Traffic Improvement Project Plan. In such cases, developer will receive a credit based on the cost of said improvements subtracted from the impact fee calculated under this section. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

2. The city shall have the discretion to impose a traffic facilities development impact fee based on the actual trip generation rate of a given development, if established by reliable data provided by a project proponent, to ensure that a project pays its fair share of planned traffic facility costs.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund established for such purpose, known and designated as the "traffic facilities development impact fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of traffic facilities as made necessary by new residential, commercial, and industrial developments in the city. The term "facilities" as used herein includes land and other improvements to land, and capital items of circulation facilities equipment.

(Ord. No. 739, § 2, 10-6-2021)

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the City of Soledad Development Impact Fee Justification Study prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of storm drain facilities, and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing storm drainage facilities, and the estimated capital costs of constructing and/or acquiring the same, a storm drain facilities development impact fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit: Notwithstanding the provisions of subsection B of this section, the storm drain facilities development impact fee may be adjusted, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of storm drain facilities to meet needs created by the new development. (E.g. Construction of oversized improvements or off-site improvements; provision of property.) Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund established for such purpose, known and designated as the "storm drain facilities development impact fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of storm drain facilities as made necessary by new residential, commercial, and industrial developments in the city. The term "facilities" as used herein includes land and other improvements to land, and capital items of storm drain facilities equipment.

(Ord. No. 739, § 2, 10-6-2021)

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the City of Soledad s Development Impact Fee Justification Study, prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the acquisition of parkland facilities and equipment, and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to acquire parkland and expand park facilities and the estimated capital costs of constructing the same, a park facilities development impact fee is imposed upon each new residential development in the city according to the following schedule:

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection B of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit: Notwithstanding the provisions of subsection B of this section, the park facilities development impact fee may be adjusted, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the acquisition of parkland and construction of park facilities to meet needs created by the new development. (E.g. Construction of oversized improvements or off-site improvements.) Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund established for such purpose, known and designated as the "park facilities development impact fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of parkland and park capital facilities as made necessary by new residential development in the city. The term "facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

(Ord. No. 739, § 2, 10-6-2021)

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the City of Soledad Development Impact Fee Justification Study prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of wastewater facilities, and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing wastewater facilities, and the estimated capital costs of constructing and/or acquiring the same, a wastewater facilities development impact fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection B of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit: Notwithstanding the provisions of subsection B of this section, the wastewater facilities development impact fee may be adjusted, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of wastewater facilities to meet needs created by the new development. (E.g. Construction of oversized improvements or off-site improvements.) Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund established for such purpose, known and designated as the "wastewater facilities development impact fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short-term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of wastewater facilities as made necessary by new residential, commercial, and industrial developments in the city. The term "facilities" as used herein includes land, buildings and other improvements to land, and capital items of wastewater facilities equipment.

(Ord. No. 739, § 2, 10-6-2021)

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the General Plan, upon the content of the City of Soledad Development Impact Fee Justification Study prepared by DTA in 2021, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of water facilities, and that the imposition of public facilities development impact fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing water facilities, and the estimated capital costs of constructing and/or acquiring the same, a water facilities development impact fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection B of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2022, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Fee Adjustment, Credit: Notwithstanding the provisions of subsection B of this section, the water facilities development impact fee may be adjusted, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to said adjustment in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of water facilities to meet needs created by the new development. (E.g. Construction of oversized improvements or off-site improvements.) Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit and Use of Funds: Fees collected pursuant to this section shall be placed in a special fund established for such purpose, known and designated as the "water facilities development impact fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of water facilities as made necessary by new residential, commercial, and industrial developments in the city. The term "facilities" as used herein includes land, buildings and other improvements to land, and capital items of water facilities equipment.

(Ord. No. 739, § 2, 10-6-2021)