Chapter 3.32 — PUBLIC FACILITIES IMPACT FEE

In order to implement the goals and objectives of the city's general plan and the Police, Fire and Street Maintenance Facilities Mitigation Analysis prepared in 1990 by the public service consultants of the Abbey Group, Incorporated, and upon other relevant evidence received and considered by the city council, and to mitigate the law enforcement, fire protection, and street, highway, road and traffic impacts caused by new residential, commercial and industrial development in the city, certain public road, street, and highway improvements must be or have had to be constructed and certain public services and community amenities must be provided for. The city council has determined that a development impact fee, hereinafter referred to as police, fire, street and traffic capital facility and maintenance mitigation fee is needed in order to finance these public improvements, public services and community amenities and to pay for the development's fair share of the construction costs of these improvements, public services and community amenities. In establishing the fee described in the following section, the city council has found the fees 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. (Prior code § 21.60)

As used in this chapter, the term "public facilities" shall be given the same definition as that set forth in Government Code Section 66000 . (Prior code § 21.62)

A public facilities impact fee for police, fire, street and traffic capital facilities and maintenance (hereinafter the "fee") is established on issuance of all building permits and/or subdivision maps (as the case may be) for development in an area encompassing the entire city, to pay for public improvements, public services, and community amenities. The city council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the fee is imposed, list the specific public improvements, public services, and community amenities to be financed, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the fee resolution, this fee shall be

paid by each developer either at the time of subdivision map approval, at the time of issuance of a building permit, or prior to issuance of a certificate of occupancy for the commercial or industrial project or the respective dwelling units in a residential project, depending on the applicability of Government Code Section 66007 . On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. (Prior code § 21.64)

The revenues raised by payment of this fee shall be placed in separate and special accounts, which shall be known as the "police capital facilities fee fund," "fire capital facilities fee fund," and the "traffic and street capital facilities and maintenance fee fund," and such revenues, along with any interest earnings on that account shall be used solely to:

• A. Pay for the city's future construction of public facilities described in the resolution enacted pursuant to Section 3.32.030 , or to reimburse the city for those described or listed public facilities constructed by the city with funds advanced by the city from other sources; or

• B. Reimburse developers who have been required or permitted, by Section 3.32.050 , to install such listed facilities which are oversized with supplemental size, length, or capacity.

Moneys deposited in these funds shall not be commingled with general fund or other revenues, with the exception of short term investments. Money deposited in said funds, and all accruing interest, shall be used exclusively for the acquisition of land and easements for police, fire, and street maintenance facilities, design and construction of police, fire or street maintenance facilities, and/or police, fire or street maintenance capital expenditures made necessary by the development of new residential, commercial, industrial, or other projects in the city.

(Prior code § 21.66)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 3.32.030 which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Prior code § 21.68)

• A. A developer of any project subject to the fee described in Section 3.32.030 may apply to the city council for an adjustment to that fee, or a waiver of that fee, based upon either: (1) the absence of any reasonable relationship or nexus between the traffic, law enforcement, fire protection, road, street, maintenance and/or capital facility impacts of that development and either the amount of the fee charged or the type of facility to be financed; or (2) the proposed development involves replacement of all or part of a previously existing habitable/usable structure which has been destroyed or demolished.

• B. The application shall be made in writing and filed: (1) with the city clerk not later than 10 days prior to the final city council decision on the planning permit for the project when the project requires a planning permit from the city council; or (2) with the building official at the time of filing of the request for a building permit, grading permit or other construction permit when the project does not require a planning permit from the city council. The application shall state in detail the factual basis for the claim of adjustment or waiver.

• C. The city council may consider the application at either the time that the final decision is made on the planning permit or at a separate public meeting held within 60 days after the filing of the fee adjustment application. The decision of the city council shall be final.

• D. In those cases where a proposed development involves replacement of all or part of a previously existing land use, or structure which has been destroyed or demolished, a fee adjustment may be granted in an amount no greater than the size of the previously existing structure or land use only when it can be found that the previously existing structure or land use had been used in substantially the same manner as is expected from the new structure or land use. If an adjustment, reduction or waiver is granted, any significant change in the type of land use or zoning on the site shall invalidate the fee adjustment, reduction or waiver of the fee and the adjusted portion of said fee shall become immediately due and payable.

• (Prior code § 21.70)

The city may waive fees or reduce fees or defer fees pursuant to this chapter by resolution or impose a moratorium on collection of fees for a specified, limited amount of time. (Ord. 24-1047, 12/18/2024)