Chapter 16.46 — PUBLIC SAFETY IMPACT FEES

This chapter is intended to assist in the implementation of the policies of the general plan by providing for adequate public facilities to support orderly development. Further, the purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide for public facilities that serve such development. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

As used in this chapter, the following terms are defined in this section:

"Capital improvement program" means the long-range schedule of proposed projects with their estimated costs and sources of funds over a five (5) year period, adopted in the 2000-2002 year bi-annual budget.

"Fire protection and police facilities" means equipment and facilities needed to maintain adequate levels of service while accommodating the needs of future development, as identified in the Public Safety Impact Fee Study conducted by DMG-MAXIMUS dated April 26, 2001, and subsequent Capital Improvement Program.

"Gross acreage" means the area of a parcel of land, or the area of a proposed division, including those portions designated for streets and alleys and including those portions of all abutting streets and alleys measured to the center lines thereof or to a line parallel with and thirty (30) feet from the property line, whichever shall be the lesser. In the case of a single-family residential use occupying a corner parcel, the area of the street abutting the shortest side of such parcel, or one side in the case of a square parcel, shall not be included.

"Impact fee" means a monetary exaction imposed by the city pursuant to this chapter as a condition of or in conjunction with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements.

"Impose" means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.

"New development" or "development project" means any new building, structure or improvement of any parcels of land, upon which no like building, structure or improvement previously existed. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

A. This chapter establishes development impact fees that are imposed as a condition of approval upon all new development projects for which a building permit is issued on or after the effective date of this chapter. Those impact fees are hereby established for the following public utilities.

1. Fire protection facilities;

2. Police facilities.

B. These impact fees are established in order to pay for the capital costs of fire protection and police facilities reasonably related to the needs of new development in the city. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

A. The City Council shall establish by resolution a schedule of per gross acre fee, to be imposed on new development, calculated to provide the sum of money necessary to pay the estimated total capital costs of fire protection and police facilities, as identified in the April 26, 2001, fee study approved by council, to serve new development within the urban growth boundary. The amount of the fee shall be determined by resolution adopted by the City Council and shall be based on the capital cost per acre by general plan land use designation and shall include the cost of the study amortized over a five (5) year period. Following adoption of a fee schedule or a subsequent revised fee schedule, such fee shall become effective sixty (60) days after the adoption thereof by the City Council. B. Annual review of the fee schedule will be made in the following manner. Each April of each year the chief financial officer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, California. When the average of such indices differs from the average of the indices for the preceding April 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the average ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual fire protection impact fee and police facilities impact fee rates may be multiplied by said factor to determine the adjusted schedule of fees. The chief financial officer shall present the new fee schedule for adoption by resolution of council after at least one public hearing.

C. At least once every five (5) years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development. If it is necessary to update the previously approved fee study to do so, council may amortize the cost of doing so over the following five (5) year period and include such cost as an element of the impact fee. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

A. Except as provided in this chapter, and any amendment to this chapter, the city may impose impact fees as a condition of approval of all new development projects.

B. After an individualized determination that each fee has been calculated as provided in this chapter, the impact fees shall be imposed prior to any development permit for new development.

C. The development impact fee shall be collected at the time and as a condition for issuance of a building permit, except as otherwise provided in Government Code Section 66007 or as provided herein.

D. The payment of fire protection impact fees and police facilities impact fees may be deferred until final inspection. In no case shall a certificate of occupancy be issued without the payment of the above referenced impact fee.

E. Companies classified within the following standard industrial codes shall be able to pay the fire protection impact fees and police facilities impact fees over a period of five (5) years without interest or administrative fee. The first installment of twenty (20) percent shall be due upon occupancy and the balance shall be paid in five (5) equal annual installments thereafter and will be collected on the property tax roll. The collection of the balance on the property tax roll shall not preclude the earlier payment of any outstanding balance.

2000–2099 Food processing

2200–3999 Certain other manufacturers

4200–4299 Trucking and warehousing

4500–4599 Air transportation

4700–5199 Transportation services and warehouse trade

F. A penalty equal to the amount of one hundred (100) percent of the amount of the fees deferred shall be imposed on any party who fails to pay such deferred fees by the point of time the fee is due. Further, said party will have forfeited the right to defer such fees on parcels in which said party has a financial interest. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

The chief financial officer shall establish a separate account for each type of facility listed in Section 16.46.020A. All impact fees collected by the city shall be deposited in the account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account. Funds deposited in those accounts shall be used only to pay for facilities resulting from new development within the urban growth boundary, as identified in the resolution adopted by City Council setting the rate of the fee. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

If impact fees collected by the city have not been expended or designated for the intended purpose within five (5) years following their collection, the city shall either refund those fees as provided in Government Code Section 66001, or make the findings as required by said section to retain the fees. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

A. A property owner who dedicates land or otherwise contributes funds for the capital costs of fire protection and police facilities identified herein may be eligible for a credit for such contribution against the impact fee otherwise due.

B. The chief financial officer shall determine: (1) the value of the developer contribution; (2) whether the contribution meets capital improvement needs for which the particular impact fee has been imposed; and (3) whether the contribution will substitute or otherwise reduce the need for capital improvements anticipated to be provided with impact fee funds. In no event, however, shall the credit exceed the amount of the otherwise applicable impact fee. C. Any application for credit must be submitted on forms provided by the city before development project approval. The application shall contain a declaration under oath of those facts which qualify the property owner for the credit, accompanied by the relevant documentary evidence. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following requirements:

A. Tendering any required payment in full or providing satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition of the fee.

• B. Serving written notice of protest on the City Council which notice shall contain all of the following information:

1. A statement that the required payment is tendered under protest.

2. A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest.

C. Serving the written notice of protest no later than ninety (90) days after the date of the imposition of the fee. The City Council shall consider that protest at a hearing to be held within sixty (60) days after the filing of the protest. The decision of the City Council shall be final. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)

The fees imposed under this chapter shall not apply to the following:

• A. Remodeling or alteration of an existing dwelling or building.

B. Additions to an existing dwelling or building that does not cause the site upon which the dwelling or building is situated to be expanded. (Ord. 2017-01 (part), 2017: Ord. 2001-11 § 2 (part), 2001)