Wheatland Municipal Code Ch. 3.26 Development Impact Fees

"Attached dwelling residential"

means a residential dwelling unit constructed contiguous with another residential dwelling unit, and includes an apartment, condominium, duplex and town home.

"Commercial lodging"

means a building or structure designed to provide temporary residential housing for travelers, visitors and guests for short term use, and includes a hotel, motel and resort lodging.

"Detached dwelling residential"

means a detached single-family residential dwelling unit on a parcel, and includes a house, detached condominium, and a mobilehome or manufactured home installed on a parcel and not within a mobilehome park.

"Development Impact Fee Report"

means the January 2007 Development Impact Fee Calculation and Nexus Report for the City of Wheatland, California prepared by Revenue & Cost Specialists, LLC, which is on file with the city clerk, and any amendments or updates to that report or other development fee reports as may be approved from time to time by the city council.

"Dwelling unit"

means a building or structure (and including a mobilehome or manufactured home) or portion thereof that contains living facilities, including facilities for sleeping, eating, cooking and sanitation, designed for residential occupancy by one family.

"Employment uses"

means a building or structure intended for use by non-retail businesses, and includes an office, manufacturing facility, industrial facility, storage facility, church, social hall, and school.

"Lodging unit"

means a guest room or guest suite of a commercial lodging building that contains sleeping facilities designed for commercial lodging travelers, visitors and guests.

"Master Facilities Plan"

means the January 2007 Master Facilities Plan for the City of Wheatland, California prepared by Revenue & Cost Specialists, LLC, which is on file with the city clerk, and any amendments or updates to that plan as may be approved from time to time by the city council.

"Mobilehome residential"

means a single-family mobilehome or manufactured home as defined at Health and Safety Code Sections 18007 and 18008 that is installed and located in a mobilehome park as defined at Health and Safety Code Section 18214.

"Public facility"

means those public facilities, improvements, infrastructure, land acquisition, vehicles, equipment and other items as described in the Master Facilities Plan.

"Retail uses"

mean buildings or structures intended for use by retail businesses, and include the businesses and uses described at Chapters 18.30 through 18.36 of this code (but excluding employment uses as defined in this section).

"Secondary residential unit"

means a second dwelling unit on the same parcel as an existing primary single-family residence as described in Government Code Section 65852.1.

(Ord. 400 § 5, 2007; Ord. 448 § 6, 2013)

A. This chapter shall apply to the construction and/or installation of new or additional dwelling units or lodging units (for detached dwelling residential, attached dwelling residential, mobilehome residential and commercial lodging uses) and construction of new or additional square footage (for retail uses and employment uses) within the city.

B. The following are exempt from payment of the development impact fees imposed by this chapter:

1. Secondary residential units constructed on developed residential property meeting all state and city requirements for such units.

2. Modification and renovation of existing residential buildings and structures that do not increase the number of dwelling units on the property.

3. Modification and renovation of existing commercial lodging buildings and structures that do not increase the number of lodging units on the property.

4. Modification and renovation of existing nonresidential buildings and structures that do not increase the square footage of the building or structure.

C. This chapter shall apply to territory that is subsequently annexed to the city.

D. If a property owner or tenant proposes to change the use of an existing employment use building or structure to a retail use or other land use with greater public service impacts and higher development impact fees, then the city may require as a condition of any city permit, license or entitlement regarding the change of land use that the owner or tenant pay development impact fees in the amount of the differential between the employment use fees and the fees attributable to the new land use.

(Ord. 400 § 5, 2007)

A. The city hereby approves and adopts the following development impact fees as described in the applicable Development Impact Fee Report and in the amounts as set forth in the ordinance initially adopting the fee:

1. Law enforcement development impact fee.

2. Fire protection development impact fee.

3. Streets, bridges, and signals development impact fee.

4. Regional bypass development impact fee.

5. Storm drainage development impact fee.

6. Water development impact fee.

7. Wastewater collection development impact fee.

8. Wastewater treatment development impact fee.

9. General governmental facility development impact fee.

10. Public meeting facility development impact fee.

11. Parkland development impact fee.

12. Bear River Levee Project development impact fee.

13. Pool facility.

B. The city also approves and adopts a development impact fee administrative charge, which shall be levied and collected at the same time as the development impact fees. The administrative charge shall be one percent of the development impact fees imposed upon a building permit for any new construction. The administrative charge shall be deposited into the city general fund in order to pay and reimburse the city costs to implement, administer and account for the development impact fee program, including, but not necessarily limited to, city staff time, materials and expenses, and accountants and other consultants used in administering the program.

C. The development impact fees shall be imposed upon issuance of any building permit for any new construction as provided in Section 3.26.020 and shall be paid at the rate in effect on the day of payment. For the water development impact fee, wastewater collection development impact fee and wastewater treatment development impact fee and for all fees imposed on a nonresidential construction project, the fees shall be due and payable prior to issuance of a building permit for construction. For residential construction, the development impact fees (other than the water development impact fee, wastewater collection development impact fee and wastewater treatment development impact fee) shall be due and payable prior to the date of final inspection of the construction project or at such earlier time as determined by the city in accordance with Government Code Section 66007.

D. Development impact fees for detached dwelling residential, attached dwelling residential and mobile home residential construction shall be based on the number of new or additional dwelling units constructed. Development impact fees for commercial lodging construction shall be based on the number of new or additional lodging units constructed. Development impact fees for retail use and employment use construction shall be based on the new or additional square footage constructed. Square footage shall be determined in the same manner as for school impact fees in accordance with Government Code Section 65995(b)(2). For any new construction that does not clearly fit within one of these use categories, the city manager or designee shall determine the appropriate use category and fees based on analysis of the public service impacts of the proposed construction in relation to the other uses described in the Development Impact Fee Report.

E. The development impact fees imposed by this chapter shall be cumulative and in addition to any other fees, charges, assessments, taxes or other exactions or payments required by law or contract.

(Ord. 400 § 5, 2007; Ord. 448 § 6, 2013; Ord. 488 § 3, 2022)

A. Each of the fees established by this chapter shall be placed in a separate development impact fee fund, each of which may be further segregated by specific public facilities. The city by resolution of the city council may provide for temporary interfund borrowing and investments among the development impact fee funds and other city funds.

B. The development impact fee funds, and interest earned on the funds, shall be expended solely for: (1) the uses and purposes described in the Master Facilities Plan; (2) reimbursing the city for a development's fair share of any public facilities constructed or provided by the city; or (3) reimbursing developers who have constructed or provided public facilities where those public facilities were beyond that needed to serve or mitigate the impacts of the developer's project.

C. Annually, as part of the budget process, the city manager shall review the development impact fee funds and fund activity and prepare a report in accordance with Government Code Section 66006. The city manager also shall calculate the change in the development fee amounts based on the previous year's change in the construction cost index for twenty U.S. cities as reported in the Engineering News Record Construction Cost Index. Commencing January 1, 2013, the amount of the development impact fees shall be adjusted annually each January 1 based on the previous year's change in the construction cost index for twenty U.S. cities as reported in the Engineering News Record Construction Cost Index. The city manager shall make this adjustment and keep and maintain a current schedule of the applicable development impact fees at City Hall.

(Ord. 400 § 5, 2007; Ord. 439 § 3, 2012)

A. The owner of a parcel of property otherwise required to pay a development impact fee under this chapter shall receive a credit for the corresponding development impact fee when that owner constructs or provides a public facility, or a portion thereof, identified in the Master Facilities Plan, regardless of how it may be financed, that serves the owner's parcel or parcels. The development impact fee credit shall offset, on a proportionate basis, without interest, the corresponding development impact fee to be paid pursuant to this chapter. The public facility must be built in compliance with all applicable laws governing the construction of public improvements and meet or exceed the minimum requirements of the city. Any donated vehicle or equipment must be new.

B. The amount of the development impact fee credit shall equal the city's most recent estimated cost of constructing and/or providing the public facility or the portion of the public facility actually constructed or provided by the owner. The amount of the development impact fee credit for a donated vehicle or equipment shall equal the actual cost of such vehicle or equipment purchased. The amount of the development impact fee credit shall be determined by the city after inspection and acceptance of the public facility.

C. A development impact fee credit is an obligation of the city that runs with the owner's land and inures to the benefit of each successor in interest of the original landowner until full credit has been received. A development impact fee credit cannot be assigned or transferred by an owner or developer.

(Ord. 400 § 5, 2007)

A. The owner of a parcel of property otherwise required to pay a development impact fee under this chapter may be entitled to enter into a reimbursement agreement with the city to be reimbursed from subsequently collected development impact fees the direct and verifiable costs of constructing or providing a public facility, or a portion thereof, identified in the Master Facilities Plan if all of the following conditions are satisfied:

1. The owner has constructed or provided a public facility, or portion thereof, that is identified in the Master Facilities Plan.

2. The city required that the public facility be constructed or sized to contain or provide supplemental or additional size, capacity, number or length for the benefit of property not within the owner's project.

3. The public facility has been inspected and accepted by the city for public use.

4. The completed public facility complies with all applicable laws governing the construction of public improvements and meets or exceeds the minimum requirements of the city.

5. The amount of the development impact fee credit calculated pursuant to Section 3.26.050 exceeds the amount of the development impact fee otherwise due and payable for the owner's project.

B. An owner shall only be entitled to reimbursement to the extent that the development impact fee credit exceeds the amount of the development impact fee otherwise due and payable for the owner's project. If an owner is entitled to reimbursement in accordance with this section, then the city and owner may enter into a reimbursement agreement to provide for the collection and payment of reimbursement. The terms of the reimbursement shall be set forth in the reimbursement agreement. An owner shall be entitled to reimbursement only pursuant to a written reimbursement agreement with the city. This section alone shall not create an entitlement to reimbursement or a city liability for reimbursement. The city shall not reimburse the owner for costs related to financing any public facility.

C. Any reimbursement agreement entered into under this section shall require the city, for a period of up to fifteen years, to reimburse the owner from the proceeds of the development impact fees collected from new projects that directly benefit from the public facility constructed or provided by the owner and that is the subject of the reimbursement agreement. Reimbursement shall be made solely from development impact fees collected to fund public facilities that are of the same type as the public facility constructed or provided by the owner. The city shall have no obligation to pay or reimburse an owner from any other revenue, fund or source. A reimbursement obligation shall be personal to the owner or developer that is a party to the reimbursement agreement, and shall not run with the owner's real property.

(Ord. 400 § 5, 2007)

Upon written request filed by a property owner prior to the due date for payment of any development impact fee, the city council may grant deferral, waiver or reduction of any development impact fee. A deferral, waiver or reduction may be granted only after notice and hearing if, in the opinion of the city council, properly supported by specific findings and evidence, deferral would provide for a more fair and equitable financing arrangement to be developed and imposed, or a waiver or reduction is necessary or appropriate because imposition of the fee or fee in full would be unlawful or would result in substantial inequities. Findings must be based on written and other evidence submitted by the property owner substantiating the owner's contention that the fee should be deferred, waived or reduced. The owner shall bear the burden of proof to demonstrate that a deferral, waiver or reduction is necessary or appropriate. For a deferral, findings must include facts supporting the deferral including, without limitation, findings that: (1) alternative financing methods involving more than one owner will be implemented and justify the fee deferral; or (2) deferral of the fee will result in a more fair and equitable funding arrangement. In the case of waiver or reduction, findings must include facts supporting the waiver or reduction including, without limitation, findings that: (1) the owner will receive insufficient or no benefit from the fee imposed and would therefore be required, if the fee were imposed in full, to pay more than its fair share for the benefit received; or (2) imposition of the fee or full fee would be unlawful in the particular circumstances. The city by resolution of the city council may adopt a fee for the processing of an owner request for a fee deferral, waiver or reduction.

(Ord. 400 § 5, 2007)