Tehama County Municipal Code Ch. 9.15 Development Impact Fees

Footnotes:

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Editor's note— Ord. No. 2018, §§ 1, 2, adopted November 25, 2015, effective January 1, 2017, repealed former ch. 9.15, §§ 9.15.010—9.15.240, and enacted a new ch. 9.15, §§ 9.15.010—9.15.140 as set out herein. Former ch. 9.15 pertained to similar subject matter and derived from Ord. 1810, adopted in 2003; and Ord. 1860, adopted in 2006.

The board of supervisors of the County of Tehama, having reviewed and considered the Tehama County Development Impact Fee Program Nexus Study Report dated June 2015, hereby finds and declares the following:

A. Purpose of the Fees. The purpose of the development impact fees set forth in this chapter ("fees") is to finance development-related public facilities which help mitigate the impacts of new development in the county, thereby preventing the deterioration of public facilities that would result from additional development, if impact fee revenues were not available to fund such improvements. The County of Tehama seeks to protect public health, safety and general welfare by ensuring that adequate public facilities and services are provided within Tehama County. New development causes the need for construction, expansion and/or improvement of public facilities within the county. The Tehama County General Plan, including without limitation Policy LU-6.1 and Implementation Measures LU-3.1a, CIR-1.3a, PS-2.2c, PS-4.2a, SAF-2.3a, SAF-3.3b, establishes county policy that new development shall be required to pay its reasonable fair share for all facilities necessary to provide adequate public services. As indicated in the Tehama County Development Impact Fee Program Nexus Study Report, the fees set forth herein will be used to recover the cost of development-related public facilities, but only to the extent that the need for such facilities is a consequence of new development that is subject to the fees, thereby ensuring that there is a reasonable relationship between the need for the facilities and the type of new development being assessed such fees.

B. Use of Revenues from Fees to Meet Public Facility Needs Caused by New Development. All revenues from the development impact fees authorized and levied on new residential, commercial, office, and industrial development pursuant to the provisions of this chapter will be used for the acquisition, development or improvement of library, general government, sheriff, corrections, fire protection, parks and recreation, and transportation facilities within Tehama County, which will meet the need for such facilities caused by such new development (including without limitation fire protection facilities serving new development within the Capay Fire Protection District through mutual aid or cooperative agreements). In accordance with the provisions of this chapter, all such revenues must be deposited into a facilities account corresponding to the specific type of facility for which the fee was collected, and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of public facilities of benefit to the persons owning, or residing and working in the structures upon which the fees are imposed. The facilities to be funded with such development impact fee revenues shall be identified in accordance with the Tehama County Development Impact Fee Program Nexus Study Report and the requirements of the Tehama County General Plan.

C. Relationship Between Use of Fees and Type of Development. There is a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed, as set forth in the provisions of this chapter, including, but not limited to, Sections 9.15.030 and 9.15.040.

D. Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the library, general government, sheriff, corrections, fire protection, parks and recreation, and transportation facilities and the type of development project on which the fees are imposed as set forth in the provisions of this chapter, including, but not limited to, Section 9.15.030 and the Tehama County Development Impact Fee Program Nexus Study Report.

E. Relationship Between Amount of Fees and Cost of Facilities. There is a reasonable relationship between the amount of the fees and the cost of the public facilities, or portions thereof, attributable to the development on which the fees are imposed, as set forth in the provisions of this chapter, including, but not limited to, Section 9.15.030, and the Tehama County Development Impact Fee Program Nexus Study Report. The development impact fees authorized and levied on new residential, commercial, office, and industrial development, pursuant to the provisions of this chapter, will not exceed that which is necessary to fund the public facilities attributable to the new development upon which such fees are imposed.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

For purposes of this chapter only, the following phrases, terms, words and their derivation shall have the meanings respectively ascribed to them by this section:

A. "Building permit" shall include any permits required for construction, reconstruction, remodeling, placing or moving structures or mobile homes into the county, and the like, including without limitation electrical and plumbing permits, moving permits, and similar permits.

B. "Commercial (Retail)" shall mean all commercial and retail uses including restaurants, banks, car sales, laundromats, salons, service stations, nurseries, department stores, auditoriums, small assemblies, churches, indoor sporting, theaters, community facilities, and visitor-serving lodging facilities (hotels, motels, etc.), and all hospitals and clinics, all care facilities and commercial group living quarters, including dormitories, nursing homes, assisted living, and group or day care centers, and all education facilities including preschools, private schools and colleges.

C. "Development" shall mean any human-caused change to land or change in use of an existing structure or mobile home that requires a permit or approval from the county. "Development" shall include any activity involving the issuance of a permit for construction or reconstruction, remodeling, change in use, or any work requiring any permit under the ordinances of the county. The term "development" shall also include permits for erection of manufactured housing or structures, and structures moved into the county.

D. "Industrial" shall mean all industrial uses including manufacturing, woodworking, light and heavy industrial, automotive and aircraft repair, industrial parks, and all warehousing and distribution uses including parking garages, aircraft hangers, hazardous materials storage, and agricultural buildings. Office or retail uses or living quarters relating to agriculture shall not constitute "agricultural buildings" for purposes of this chapter.

E. "Mobile home residential" shall mean manufactured homes, mobile homes, and factory-built homes used as dwelling units, whether installed on a permanent foundation or otherwise.

F. "Multi-family residential" shall mean units in multi-family buildings (comprised of two or more units), but excluding commercial group living quarters such as dormitories, nursing homes, correctional facilities, and the like.

G. "Office" shall mean general professional and medical office development including medical and dental offices, corporate headquarters, single tenant, office parks, research and development centers, and business parks.

H. "Public facilities" or "facilities" shall include public improvements, public services, and community amenities, including without limitation vehicles and equipment.

I. "Single family residential" means detached single family units, attached single family units, and second units, but does not include guest cottages as defined in Section 17.04.260 of the Tehama County Code.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

A. The development impact fees set forth in Subdivision B are hereby established and imposed upon the issuance of all building permits for development identified in Section 9.15.050 within the unincorporated areas of the county to finance the cost of the identified categories of public facilities required by new development.

B. Fee Schedule.

1. Residential Fees.

2. Commercial (Retail) Fees.

3. Office Fees.

Fee per Square Foot

4. Industrial Fees.

5. Example. The recommended non-residential fees will be based on square footage with a graduated fee structure for commercial and industrial. The total recommended fees will be:

Office - One dollar and twenty-five cents per square foot.

Industrial - graduated scale with seventy-five cents per square foot for each square foot greater than sixty thousand.

Commercial - graduated scale with one dollar and twenty-five cents per square foot for each square foot greater than forty thousand.

This would result in a fee of twenty-eight thousand one hundred twenty-five dollars for a forty-eight thousand square foot commercial building, and thirty thousand dollars for a seventy-five thousand square foot industrial building.

C. No permits or extension of permits for the activities referenced in this section shall be granted except upon the condition that the development impact fees required by this chapter are paid.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

Editor's note— Ord. No. 2043, § 1, adopted August 29, 2017, repealed Section 9.15.035, which pertained to clarification of effective date and derived from Ord. No. 2030, § 1, adopted October 25, 2016.

A. All revenues from the fees assessed and levied pursuant to the provisions of this chapter shall be deposited in separate funds by type corresponding to the Public Facilities for which the fees were assessed and levied. In this regard, the following special funds are hereby created and established for the purposes indicated:

1. Library;

2. General government;

3. Sheriff;

4. Corrections;

5. Fire protection;

6. Parks and recreation;

7. Transportation;

B. All revenues from the fees levied pursuant to the provisions of this chapter and deposited into the foregoing separate funds shall be appropriated by the board of supervisors in a manner consistent with the Tehama County Development Impact Fee Program Nexus Study Report, and only for the acquisition, development or improvement of those public facilities of the corresponding type made necessary by anticipated increases in population, housing units and jobs.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

A. Fees shall be assessed and levied upon any owner of real property located in the unincorporated area of the county in connection with:

1. New construction of one or more single family or multi-family dwelling units upon such property, including the construction of a new dwelling unit or the placing or installation of a manufactured home on the property (whether or not installed on a permanent foundation);

2. New construction of one or more commercial, office, or industrial structures upon such property;

3. Constructing an addition of any amount of chargeable space to an existing commercial, office, or industrial structure on the property; or

4. The change in use of any existing structure or mobile home, if the new use or uses are in a fee category that has fee amounts greater than the existing lawful use or uses, subject to any applicable credit under Section 9.15.070. No refunds will be provided for changes in use of any structure or mobile home to a lower fee category. In the event that the use of an existing structure or mobile home is changed to a lower fee category, and then returns to the former fee category within ten years, no additional development impact fee will be due as a result of the change in use.

B. If the proposed development has multiple uses, each identified land use shall be subject to a separate impact fee calculation based upon the number of units (Residential) or square footage (Commercial, Office, and Industrial) comprising each use.

C. Building permit applications shall include plans and calculations prepared by the applicant or applicant's agent, specifying each type of development project, the square footage of each use, and any other data requested necessary to calculate the development impact fee. Permit applications shall be deemed incomplete until such information is provided. All fees due hereunder shall be determined and calculated by the building official or their designee.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

The following shall be exempted from payment of the development impact fee referenced in Section 9.15.020 of this chapter:

A. Where the structure is owned by a governmental agency.

B. Where the structure is a building, or is within a building, which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the number of structures or size in such reconstructed structure is no greater than the number of structures or size of the structure prior to such damage, destruction or demolition.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

A. A new development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under the zoning ordinance, including a nonconforming use.

B. New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, or other casualty or act of God, is entitled to a fee credit if the development that was partially destroyed was a lawful use under the zoning ordinance, including a nonconforming use, at the time thereof.

C. Credit for such eliminated development or development that was partially or totally destroyed (as specified above) shall be calculated by the building official in accordance with the fee schedule set forth in Section 9.15.030, and shall be applied to new development of the same site.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

The fees assessed and levied pursuant to the provisions of this chapter shall be due and payable at time of issuance of a building permit, except as provided in Government Code section 66007. In no event shall Fees be deferred beyond final inspection or issuance of certificate(s) of occupancy.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

A. The county may grant to owners or developers of real property, a credit against the specific components of Fees that would otherwise be charged pursuant to this ordinance, for the dedication of land or the construction of facilities identified in the Tehama County Development Impact Fee Program Nexus Study Report. No credit shall be given against the Fees for the cost of facilities not identified in the Tehama County Development Impact Fee Program Nexus Study Report.

B. Credit shall not be given for site-related improvements, including, but not limited to, right-of-way dedications, providing paved access to property, or water systems, which are specifically required by the project in order to serve it and do not constitute facilities specified in Tehama County Development Impact Fee Program Nexus Study Report.

C. Any claim for credit must be made no later than the application for a building permit for which the credit is sought. Any claim not so made shall be deemed waived.

D. The project proponent/applicant seeking credit and/or reimbursement for construction of facilities or dedication of land, shall submit such documentation, including without limitation, engineering drawings, specifications and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the building official to support the request for credit or reimbursement. The building official shall determine whether facilities are eligible for credit or reimbursement. If eligible, the building official shall determine the credit for construction of facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if he determines that such estimates submitted by the developer are either unreliable or inaccurate.

E. Any determination made by the building official pursuant to this section may be appealed in accordance with Section 9.15.100.

F. If the cost of the facilities is greater than the required fee, this chapter does not create an obligation upon the county to pay the applicant the excess amount, provided that reimbursement agreements shall be considered for new development projects which are required to fund or construct improvements included in the Tehama County Development Impact Fee Program Nexus Study Report which provide capacity significantly in excess of project needs. Such agreements shall include a provision for Tehama County to be reimbursed for preparation and administration costs.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

A. The project proponent/applicant for any development subject to the fee described in this chapter may apply to the building official for relief from imposition of the fee, reduction of the fee, or waiver of the fee, based upon the alleged absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed, or other alleged legal basis for exemption.

B. Such application shall be made in writing and filed with the building official at the time of the filing of the application for a building permit. The application shall state in detail the actual basis for the claim of waiver, reduction, or adjustment. The project proponent/applicant shall have the burden of demonstrating entitlement to any reduction, adjustment, or waiver. The building official shall have fifteen days to consider and act upon the request, and shall issue his/her administration determination in writing. Failure to take action within that time period shall mean the request is denied.

C. If the project proponent/applicant desires to appeal that administrative determination of the building official, the project proponent/applicant must apply in writing to the clerk of the board of supervisors within ten days of written notification of the denial of the appeal for a fee adjustment. The board of supervisors may establish, by resolution, a fee for such appeals. The board of supervisors which shall consider the application at a public meeting commenced within forty-five days after the filing of the fee adjustment appeal. The building official shall prepare a staff report and recommendation for board consideration. The decision of the board of supervisors shall be final. If a reduction, adjustment, or waiver is granted by the board, any subsequent material change in use regarding the project shall subject such waiver, adjustment or reduction of the fee to reevaluation by the county.

D. Failure to timely submit an application or appeal pursuant to this section shall constitute a failure to exhaust administrative remedies. The application and appeal requirements of this section are in addition to any protest or claims filing requirements otherwise provided by law, and pursuit of such application and appeal shall not excuse any failure to timely comply with such requirements.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

The provisions of this chapter shall not relieve the owner of any real property located within the unincorporated areas of the county from the obligation of complying with any conditions or requirements regarding the construction or funding of public facilities that are imposed pursuant to other provisions of this Code, state law, or federal law at the time of approval of a subdivision map, parcel map, building permit or other land use entitlement.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

A. Within one hundred eighty days after the last day of each fiscal year the chief administrator or his/her designee shall provide to the board of supervisors a report regarding each separate account or fund established pursuant to this article containing the information set forth in Government Code section 66006, subdivision (b).

B. At a noticed public hearing, the board of supervisors shall review the report and the development impact fee to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed.

C. Commencing with the first fiscal year following the first receipt of any revenues from the development impact fees authorized and levied pursuant to the provisions of this chapter, and every five years thereafter, the board of supervisors, following receipt of the chief administrator's report, shall make the findings required by Government Code section 66001, subdivision (d) with respect to that portion of each fund identified in Section 9.15.040 remaining unexpended, or shall refund the moneys in such fund as provided in Government Code section 66001, subdivision (e).

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

If a building permit expires, is revoked, or is canceled or otherwise voided, or if a building permit is never issued and the application for such permit is withdrawn, and provided that any fees paid pursuant to this chapter have not been expended, no construction has taken place, and the use has never occupied the site, the board of supervisors may, upon the written request of the feepayer, order a refund, without interest, of any fee paid pursuant to this chapter in connection with such permit or application. For such a refund, the feepayer must promptly submit to the building official the original county receipt and the original stamped and approved plot plan. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 2018, § 2, 11-25-15; Ord. No. 2043, § 1, 8-29-2017)