Yreka Municipal Code Ch. 11.23 Municipal Utility Services, Impact and Connection Fees

Sections:

* Prior ordinance history: Ord. 792.

(a) Fee Purposes. The purpose of this chapter is to assist in the implementation of the city of Yreka general plan and to mitigate the impact of development identified in the documents titled City of Yreka Impact Fee Report (October 2006) and the Final Environmental Impact Report for the city of Yreka general plan.

(b) Title. This chapter shall be known as and may be cited as the "Municipal Utility Services, Impact, and Connection Fees" ordinance.

(Ord. 799 § 2(part), 2007).

(a) For the purposes of this chapter, the words set out in this section shall have the following meanings:

(1) "Approved plans" means plans approved under the city's municipal code.

(2) "Building department" means the building department of the city.

(3) "Capital improvement" means and includes planning, preliminary engineering, engineering design studies, land surveys, land or right-of-way acquisition, engineering, permitting, construction and inspection of all the necessary features of any construction project.

(4) "Commercial" means all those uses defined as commercial by Yreka Municipal Code Title 16, Zoning, as it may be amended from time to time.

(5) "Developer" means a person, firm, partnership, corporation or other entity that excavates, fills, builds structures or otherwise improves or changes a specific parcel or tract of land.

(6) "Development" means the construction, alteration, addition, occupancy or use of any building or structure, or alteration of land which allows a change in land use.

(7) "Director" means the head of the specifically named department. If no department of the city is named, director shall mean the city manager or his or her designee.

(8) "Dwelling" refers to residential housing types.

(9) "Existing" means at present or in effect as of the time of the adoption of the ordinance establishing this chapter.

(10) "Facility" means something that is built, installed, purchased or established to serve a particular purpose.

(11) "Feepayer" means a person commencing a land development activity that generates a need for additional city facilities and requires the issuance of a building permit or permit for mobilehome installation. "Feepayer" includes "applicant" or "appellant" as the case may be.

(12) "Guest room" means a room designated for overnight accommodation that does not qualify as a dwelling unit. Examples include hotel rooms, motel rooms, convalescent hospital rooms, and dormitory rooms. For a suite of rooms, rooms for sleeping shall be guest rooms. Buildings containing guest rooms shall be subject to nonresidential development fees, calculated on all space which is common and separate from the guest rooms. Examples of such space are hotel and convalescent hospital reception areas, meeting rooms and dining areas.

(13) "Industrial" means facilities where manufacturing, assembling and storage is to occur, as more specifically defined below:

(A) Establishments that engage in the mechanical or chemical transformation of materials or substances into new products. The establishments are usually described as plants, factories, mills and characteristically use power-driven machinery and materials handling equipment;

(B) Establishments that engage in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor a fixed improvement. Also included is the blending of materials such as oils, plastic resins or liquors;

(C) The product of a manufacturing or assembly establishment is finished in the sense that it is ready for utilization or consumption, or is semifinished to become a raw material for further manufacturing or assembly;

(D) Warehouse and distribution centers that store, transport or distribute manufactured or assembled products.

(14) "Office/general" means all those uses defined as office or public uses by Yreka Municipal Code Title 16, Zoning, as may be amended from time to time.

(15) "On-site and off-site related improvements" means public improvements and right-of-way dedications to and/or within the proposed development which include, but are not limited to, the following:

(A) Access roads leading to the development;

(B) Driveways and roads within the development, including those intended for emergency use;

(C) Acceleration and deceleration lanes, and right- and left-turn lanes leading to those roads and driveways;

(D) Traffic-control measures for those roads and driveways;

(E) Curb, gutter, sidewalk, streetlights, parking lanes and bike lanes adjacent to the development;

(F) Sewer, water and storm drain facilities; and

(G) Other public facilities specifically required for use of the property.

(16) "Person" means any individual, firm, company, public agency, association, partnership, society, corporation or group, and includes the plural as well as the singular.

(17) "Premises" means an improved lot, piece or parcel of land or a legally divisible portion thereof and any building or part thereof and its appurtenances situated thereon.

(18) "Private" means property or facilities owned by individuals, corporations and other organizations, and not by city, state or federal governments or local agencies.

(19) "Public" means property or facilities owned by city, state or federal governments or local agencies, including, but not limited to, community services districts or other public service organizations which may be created.

(20) "Public works director" means the city's director of public works or other city officials he may designate to carry out the administration of this chapter.

(21) Residential housing types:

(A) "Dwelling" means a building designed exclusively for residential occupancy, including single-family, duplex and multiple-family, but not including a hotel, motel, asylum or jail or other facility where people are housed by reason of illness or under legal restraint.

(B) "Dwelling unit" means one or more habitable rooms designed for occupancy by only one family for living and sleeping purposes.

(C) "Dwelling, multiple-family" means a building or portion thereof used and designed as a residence for two or more families living independently of each other, with an individual kitchen for each, including duplexes, apartment houses, apartment hotels and flats.

(D) "Dwelling, single-family" means a building containing only one kitchen, designed for or used to house not more than one family, including all domestic employees of the family.

(E) "Dwelling, single-family attached" means a dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.

(F) "Group residential" means shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories and private residential clubs, but excludes residential hotels.

(G) "Manufactured housing park" means a planned development with common area amenities and individual spaces for each unit. Spaces for mobilehomes may be rented or owned.

(H) "Mobilehome park" means a tract of land containing one or more mobilehome lots or pads.

(I) "Multiple-family residential" means two or more dwelling units on a site or lot. Types of multiple-family dwellings include, but are not limited to, duplexes, townhouses, garden apartments, group residential facilities and multi-level and high-rise apartment buildings, and includes manufactured housing parks.

(22) "Residential hotels" means establishments offering rooms for rent for semitransient or permanent residents on a weekly or monthly basis.

(23) "Square foot" means every square foot of usable floor area.

(24) "Study" initially means the City of Yreka Impact Fee Report (October 2006). In future years, as updated or replacement development impact fee studies are completed, it shall mean those updated or replacement development impact fee studies.

(25) "Undeveloped land" means a parcel of land that is without any building, structure or improvement.

(26) "Use" means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

(27) "Use accessory" means a use incidental and accessory to the principal use of a lot or a building located on the same lot.

(b) Interpretation of Definitions. The director of planning or designee shall, upon written request, interpret the provisions of the preceding definitions as they relate to a specific development and shall make other determinations as provided within the preceding definitions.

(Ord. 799 § 2(part), 2007).

(a) Fee Purposes. The purpose of the public facilities fee is to refurbish existing administrative and service facilities to provide for universally accessible general administrative and maintenance services and records storage, and to provide for and equip new fire and police stations required by new development at locations to be determined by the pattern and density of growth. There is a demand for new stations and equipment in response to development identified in the city of Yreka general plan. Evidence indicates that the demand is directly related to the impacts of new development and is necessary to maintain adequate levels of administrative and maintenance services, police protection, fire protection, suppression, rescue and emergency medical activities and to provide required response times to the areas served and to maintain reasonable insurance rates for the affected property owners.

(b) Fee Schedule. The public facilities fee is comprised of four components:

The fees imposed pursuant to this section shall be based on the fee schedule in effect on the date of the feepayer's application for the appropriate building permit or encroachment permit and shall be paid to the city prior to the issuance of a building permit, encroachment permit or a permit for mobilehome installation, based on current fees, as follows:

(1) Single-Family.

(A) The base fee shall be one thousand five hundred ten dollars.

(2) Multiple-Family. The base fee is per dwelling unit.

(A) The base fee shall be one thousand five hundred ten dollars.

(3) Commercial. The base fee is per one thousand square feet.

(A) The base fee shall be one thousand five hundred ten dollars.

(4) Office/General. The base fee is per one thousand square feet.

(A) The base fee shall be one thousand five hundred ten dollars.

(5) Industrial. The base fee is per one thousand square feet.

(A) The base fee shall be one thousand five hundred ten dollars.

(6) Special Benefit Charge. The city may establish from time to time, by resolution, a special benefit area and benefit area fee which shall be payable before the issuance of any building or encroachment permit to be collected from owners of new development in localized areas that require facilities not considered a part of the regional facilities. Any such charge, as an additional development impact fee, must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000.

(Ord. 799 § 2(part), 2007).

(a) Fee Purposes. The purpose of the citywide street improvements fee is to provide for the costs of street widening and reconstruction, street lighting, traffic signals, transit facilities, bike and pedestrian paths and appurtenant facilities, bridge widenings, additional maintenance equipment, and freeway interchange improvements related to new development in accordance with the development forecast under the city of Yreka general plan. As the amount of new development contemplated by the general plan occurs, there will be an additional burden on the citywide surface transportation system. Without funding identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents and generally reduced public safety throughout the city. Air quality could be adversely affected as has been demonstrated in other studies when idle/standing times are increased.

(b) Citywide Street Improvements Fee Zone. There is established the citywide street improvement fee zone, with its boundaries being the incorporated limits of Yreka, California, as they may exist from time to time.

(c) Fee Schedule. The citywide street improvements fee imposed pursuant to this section shall be based on the fee schedule in effect on the date of the feepayer's application for the appropriate building permit or encroachment permit and shall be paid to the city prior to the issuance of a building permit, encroachment permit or a permit for mobilehome installation, current fees, as follows:

(1) Single-Family.

(A) The base fee shall be five hundred thirty-nine dollars.

(2) Multiple-Family. The base fee is per dwelling unit.

(A) The base fee shall be five hundred thirty-nine dollars.

(3) Commercial. The base fee is per two thousand five hundred square feet.

(A) The base fee shall be five hundred thirty-nine dollars. The base fee applies to general commercial only.

(4) Office/General. The base fee is per two thousand five hundred square feet.

(A) The base fee shall be five hundred thirty-nine dollars.

(5) Industrial. The base fee is per five thousand square feet.

(A) The base fee shall be five hundred thirty-nine dollars.

(6) Special Benefit Charge. The city may establish from time to time, by resolution, a special benefit area and benefit area fee which shall be payable before the issuance of any building or encroachment permit to be collected from owners of new development in localized areas that require facilities not considered a part of the regional facilities. Any such charge, as an additional development impact fee, must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000.

(d) Fee Reductions (Credits).

(1) Fee reductions shall not be given for on-site and off-site project-related public improvements, right-of-way dedication, public utility easement dedications or providing paved access to the property.

(2) Except as provided in this section, credit against impact fees otherwise due will not be provided until:

(A) The construction is completed and accepted by the city or state, whichever is applicable;

(B) A suitable maintenance and warranty bond is received and approved by the city when applicable;

(C) All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the then-current city public works improvement standards when applicable.

(Ord. 799 § 2(part), 2007).

(a) Fee Purposes. The purpose of the water system fee is to further and protect the health and safety of the citizens of the city by providing for facilities to ensure a continuing supply of potable water, including expansion of the existing system to meet development needs, development of additional water supplies, water mains and storage reservoirs. Federal, state and city regulations establish minimum standards for potable water required to adequately serve residential and other land uses, as well as to provide for fire protection. The charge represents a contributive share of the costs to provide funds for use in constructing all or a portion of capital improvements necessary to serve new customers. As the population increases and new development locates or existing development expands in the city, there will be an attendant demand to expand the facilities necessary to provide an adequate supply of potable water for domestic consumption, fire protection and nondomestic purposes such as industry and commerce.

(b) Definitions. For the purposes of this section:

(1) "AWWA" means the American Water Works Association.

(2) "Household equivalent" means any premises served by a standard five-eighths-inch domestic water meter. Typically, this would include single-family residences, duplex dwelling units and small commercial businesses served by a standard five-eighths-inch meter. Household equivalents for larger meters: three-fourths inch, one inch, one and one-half inches, two inches, three inches, four inches, six inches and eight inches, have been computed using the ratio of the larger meter's AWWA rated capacity to the AWWA rated capacity of a standard five-eighths-inch meter. Household equivalents for three-quarter inch with approved fire sprinkler system and one inch with approved fire sprinkler system are established for the purpose of creating water and fire service (a dual service) connection for single-family residences. An approved fire sprinkler system is defined as one which satisfies the requirements of the currently adopted and effective California Residential Code.

(3) "User" means any person or persons, all entities, public or private, residential, industrial, commercial, governmental or institutional, who receive water as defined by the California State Department of Health Services, Division of Drinking Water, as either potable or reclaimed at a service connection, fire hydrant or fire service system.

(4) "Lateral" means a connection line between the supply mains and individual service connection(s).

(c) Fee Schedule. The water system fee imposed pursuant to this section shall be based on the fee schedules in effect on the date of the user's application for the appropriate building permit or encroachment permit and shall be paid to the city prior to the issuance of any building permit, encroachment permit or any physical connection to the water system from the premises to which the charges apply.

(1) Water System Fee. Each applicant for a building or encroachment permit for premises as defined in this chapter shall pay the current fee, per household equivalent, based on the meter size, or if no meter is installed, the water service pipe size, as follows:

(A) Assessment of Household Equivalents.

*Subject to building official approval.

(B) Amount of Water System Fee. The water system development impact fee, per household equivalent as indicated above, shall be five thousand one hundred thirty-two dollars.

(2) Special Benefit Charge. The city may establish from time to time, by resolution, a special benefit area and benefit area fee which shall be payable before the issuance of any building or encroachment permit to be collected from owners of new development in localized areas that require facilities not considered a part of the regional facilities. Any such charge, as an additional development impact fee, must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000 and must be adopted by ordinance pursuant to State Health and Safety Code Section 5471.

(3) When a larger meter is installed (as long as it does not exceed the minimum necessary) to provide fire sprinkler protection in a single-family residence, the system fee shall be based on the meter size necessary to meet the domestic demand, not the actual size of the meter installed.

(4) If a backflow prevention device is required due to the installation of a fire sprinkler system, it shall be inspected yearly by a certified backflow inspector, which shall be subject to any fee for such inspection as established by resolution of the city council.

(5) Exemption. This section shall not apply to any existing single-family residence with a five-eighths-inch water meter service, unless that there are alterations, renovation or expansion of an existing residential building where additional dwelling units are created or there is expansion of the existing residence which is more than fifty percent of the square footage of the existing structure.

(Ord. 799 § 2(part), 2007).

(Ord. No. 830, § 2, 10-4-2012)

(a) Fee Purposes. The purpose of the wastewater system fee is to further and protect the health and safety of the citizens of the city by providing for the computed reasonable contributive share of the cost of construction of system improvement (trunk sewers, interceptors and pumping facilities) sewer pipes, including new specialized equipment, treatment plants and aeration ponds and treatment plant expansion. As new development occurs, there will be an additional burden placed on the existing wastewater collection, treatment and disposal systems. Federal, state and city health requirements set minimum standards for effluent treatment that results in the demand for new wastewater and wastewater facilities.

(b) Definitions. For the purposes of this section:

(1) "Household equivalent" means the basic quantitative unit of wastewater volume and strength representing that wastewater generated by a typical single-family residence connected to the wastewater collection system during an average day.

(2) "Lateral" means a privately owned and maintained conduit that conveys wastewater from a single premises to a public sewer.

(3) "Line tap" means installing an opening in a sewer pipe to accommodate a wastewater connection.

(4) "POTW" means publicly owned treatment works of the city, including the entire facilities for collecting, transporting, pumping, treating and disposing of domestic and industrial wastewaters, located within and outside the city limits and either owned, operated, maintained or controlled by the city.

(5) "Wastewater collection system" means only those pipes intended to carry wastewater (commonly called sanitary sewers), and does not mean conduits used to carry stormwater (commonly called storm sewers or storm drains).

(6) "Special benefit charge" means a charge applied to developing properties in addition to the normal development impact fees to finance master sewer plan projects relative to the construction of POTW where deficiencies are uniquely confined to specific geographic areas.

(7) "Trunk sewer" means a public sewer which transports sewage away from a general area, neighborhood or subdivision.

(8) "User" means any person or persons, all entities, public or private, residential, industrial, commercial, governmental or institutional, who discharge or cause to be discharged wastewater and waterborne wastes into the POTW of the city, or who directly or indirectly cause impact or potential impact to the POTW of the city.

(9) "Wastewater" means the water from residences, commercial buildings, industrial plants, institutions and business offices, including liquid and waterborne wastes, but excluding uncontaminated groundwater, surface water and stormwater.

(c) Fee Schedule. Wastewater system development impact fee imposed pursuant to this section shall be based on the fee schedule in effect on the date of the user's application for the appropriate building permit or encroachment permit and shall be paid to the city prior to the issuance of a building or encroachment permit, and as a condition precedent to any wastewater connection into the wastewater system. Where a new, changed or expanded use of the property causes or has the potential to cause increased impact to the POTW as determined by the director of public works, the applicant shall pay those applicable charges for the increased impact prior to issuance of an encroachment permit.

(1) Wastewater System Fees. Each applicant for a building or encroachment permit for premises, as defined in this chapter, shall pay the current fee, per household equivalent, based on the meter size, or if no meter is installed, the water service pipe size, as follows:

(A) Assessment of Household Equivalents.

(B) Amount of wastewater system development impact fee shall be paid per household equivalent as follows:

(i) For standard residential, commercial, multiple-family dwelling units, mobilehome park, overnight camper and trailer parks and industrial connections per dwelling unit as indicated above, the base fee shall be one thousand four hundred eighty-six dollars.

(ii) The following dwelling units shall also be assessed at the rate of one household equivalent per unit:

A. Homes used for the purpose of maintaining six or fewer mentally disordered or otherwise handicapped persons and complying with Sections 5115 and 5116 of the California Welfare and Institutions Code;

B. Homes used as residential care facilities for the elderly which serve six or fewer persons and complying with Sections 1569.84 and 1569.86 of the California Health and Welfare Code.

(d) Special Benefit Charge. The city may establish from time to time, by resolution, a special benefit area and benefit area fee which shall be payable before the issuance of any building or encroachment permit to be collected from owners of new development in localized areas that require facilities not considered a part of the regional facilities. Any such charge, as an additional development impact fee, must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000, and must be adopted by ordinance pursuant to State Health and Safety Code Section 5471.

(Ord. 799 § 2(part), 2007).

(a) Fee Purposes. The purpose of the storm drainage fee is to finance the cost of drainage and stormwater detention projects, including mains, tributary systems, creek improvements and detention basins that are related to new development. New development increases the amount of impervious surfaces due to more roof area, paved streets, driveways and parking lots. Flooding potential is thereby increased, particularly during periods of high intensity and/or sustained rainfall, creating an unacceptable hazard to citizen welfare and safety. The fees created by this section will finance a study to determine the cost of facilities which are attributable to growth impacts such as improvements necessary to maintain adequate drainage, flood protection and stormwater detention throughout the city.

(b) Definitions. For the purposes of this section:

(1) "Storm drain" means a pipe which transports stormwater, surface runoff, street wastewater and drainage, but excludes sanitary sewage and industrial wastes.

(2) "Stormwater detention" means a facility which is designed to capture rainfall runoff and temporarily store stormwater for a period of time.

(3) "Storm drainage system" means all facilities, structures and natural watercourses used for collecting and transporting stormwater to, through and from drainage areas to the points of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, flood walls, levees and pumping stations.

(c) Storm Drainage Fee Schedule. For purposes of this section, the term "unit" means building.

(1) Single-Family Residence.

(A) Per dwelling unit, the base fee shall be ninety-nine dollars.

(2) Multiple-Family Residence.

(A) Per unit, the base fee shall be ninety-nine dollars.

(3) Commercial.

(A) Per unit, the base fee shall be ninety-nine dollars.

(4) Industrial.

(A) Per unit, the base fee shall be ninety-nine dollars.

(5) Special Benefit Charge. The city may establish from time to time, by resolution, a special benefit area and benefit area fee which shall be payable before the issuance of any building or encroachment permit to be collected from owners of new development in localized areas that require facilities not considered a part of the regional facilities. Any such charge, as an additional development impact fee, must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000.

(Ord. 799 § 2(part), 2007).

(a) Fee Purposes. The purpose of the parks and recreation facilities fee is to provide for the planning, acquisition, improvement, expansion and financing of public parks, playgrounds and recreational facilities. Increases in development and population result in an increased need for park and recreation facilities. If this need were not met, the well-being of city residents could be adversely affected. In order to address this potential and to meet city recreation standards, it is appropriate that new development pay for additional park and recreation facilities attributable to the impact of such development.

(b) Fee Schedule. The park and recreation development impact fee for each residential building permit shall be paid to the city as required by this section, except for permits issued covering work performed on buildings or structures owned by any city, county, state or federal agency or any public agency or district. Fees imposed pursuant to this section shall be based on the fee schedule in effect on the date of the fee payer's application for the appropriate building permit or encroachment permit, and shall be paid to the city prior to the issuance of a building permit, encroachment permit or a permit for mobilehome installation, as follows:

(1) Single-Family Residence.

(A) Per dwelling unit, the base fee shall be one thousand eight hundred twenty-one dollars.

(2) Multiple-Family Residence.

(A) Per dwelling unit, the base fee shall be one thousand eight hundred twenty-one dollars.

(3) Special Benefit Charge. The city may establish from time to time, by resolution, a special benefit area and benefit area fee which shall be payable before the issuance of any building or encroachment permit to be collected from owners of new development in localized areas that require facilities not considered a part of the regional facilities. Any such charge, as an additional development impact fee, must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000.

(c) Use of Fees. Said fees may be used at the discretion of the city council for the acquisition, construction and equipping of neighborhood parks, school/park combinations, community parks and regional parks located within the city.

(Ord. 799 § 2(part), 2007).

(a) Any person who, after the effective date of the ordinance establishing this chapter, seeks to develop land or construct new structures within the incorporated limits of the city by applying for a building permit, encroachment permit for public improvements, a permit for mobilehome installation or to make an improvement to land which will generate the need for additional city facilities, is required to pay impact fees as set forth in this chapter prior to the issuance of such permit.

(b) Fees shall be imposed pursuant to this chapter except for permits issued covering work performed on buildings, structures or property owned by the city.

(c) Fees shall be calculated for those services which are pertinent to the proposed development (i.e., if using a septic field, applicant not required to pay sewer fee component). Fees that are not required to be paid at the time of initial building, encroachment or mobilehome permit are required to be paid at the time of commencement of those services.

(Ord. 799 § 2(part), 2007).

(a) There is established an account or fund pursuant to AB 1600 for each fee authorized by this chapter.

(b) Fees collected pursuant to this chapter shall be used to fund capital improvements and land purchases related to the purpose of each fee as outlined within this chapter.

(c) No funds shall be used for periodic or routine maintenance.

(d) In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection (b) of this section.

(e) At least annually, the city manager (or designee) shall present to the city council a proposed capital improvement program, assigning funds, including any accrued interest, from the impact fee account or fund to specific improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the same impact fee account or fund until the next fiscal period, except as provided by the refund provisions.

(f) Funds may be used to provide refunds and reimbursements as provided.

(g) The city is entitled to retain a reasonable amount as a one-time charge as set by resolution, but not more than five percent of the funds collected, as compensation for the expense of collecting the fee and administering this chapter.

(Ord. 799 § 2(part), 2007).

The city shall have twelve months from the effective date of the ordinance establishing this chapter to establish a schedule for the construction and/or acquisition of facilities shown in the development impact fee study. Except for facilities specifically approved for construction by a property owner, all facilities shall be constructed as approved by the city council as part of its budget, fee review or capital improvement plan. The requirements of this section are in addition to the requirements of the State Mitigation Fee Act, Government Code Sections 66001 and 66005.

(Ord. 799 § 2(part), 2007).

This section shall apply to any fee assessed pursuant to this chapter. Any claim of exemption, credit, waiver or deferral must be made no later than the time of application for a building permit, encroachment permit or permit for mobilehome installation. Any claim not so made shall be deemed waived.

(a) Exemptions. The following shall be exempted from payment of the fees established by this chapter:

(1) Alterations, renovation or expansion of an existing residential building where no additional dwelling units are created;

(2) Expansion of existing commercial or industrial structures which are less than fifty percent of the square footage of the existing structure;

(3) The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land;

(4) The replacement within three years of a demolished, destroyed or partially destroyed building or structure with a new building or structure of the same size and use; provided, that no additional trips will be produced over and above those produced by the original use of the land, and, if it was required, the planning commission had already approved the original use;

(5) The installation of a replacement mobilehome.

(b) Refunds.

(1) Expired Permits. If a building permit, permit for mobilehome installation or encroachment permit expires without commencement of construction, then the feepayer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the city shall retain a reasonable amount as set by resolution, but not more than five percent of the fee and not less than thirty dollars, to offset a portion of the costs of collection and refund. The feepayer must submit an application for such a refund to the director of finance within thirty calendar days of the expiration of the permit.

(2) Capital Improvements Not Installed. Any funds not expended, encumbered or scheduled pursuant to Government Code Section 66001 by the end of the fiscal year immediately following five years from the date the impact fee was paid, and for which the findings required by Government Code Section 66001(d) are not made pursuant to Government Code Section 66006, shall, upon application of the then-current landowner, be returned to such landowner with interest earned during the five-year period; provided, that the landowner submits an application for refund to the director of finance within one hundred eighty calendar days of the expiration of the five-year period. Such application for refund may be subject to the approval of the director of public works and/or building official.

(3) Refunds Paid to Owner of Record. Except as provided in this section, the city shall refund to the current record owner on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be established.

(4) Any other claims for refund must be made within ten days of the time of application for a building permit, encroachment permit or permit for mobilehome installation. Any claim not so made shall be deemed waived.

(c) Deferrals. The owner of the property may request in writing a deferral of fees assessed and levied pursuant to the provisions of this chapter. Fees may be deferred for such construction work to a date one year after the issuance of a building or encroachment permit or to the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

(1) Entered into an agreement with the city undertaking to pay such deferred fee at the time and in the manner provided for, which agreement shall be in a form approved by the city attorney and recorded against the property, or provided a letter of credit from a lending institution, in a form approved by the city attorney, which guarantees payment of such deferred fees at the time and in the manner provided for by this subsection;

(2) Executed a deed of trust securing performance of the property owner's duties and obligations under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust; and

(3) Paid to the city an additional fee in the amount equal to two percent of the deferred fees as and for the administrative costs to be incurred by the city by reason of such fee deferral.

(d) Credit for Cost of Improvements. Except as is otherwise provided, the owner is entitled to a credit if the owner:

(1) Constructs the improvements;

(2) Oversizes improvements necessary to serve private development and future growth;

(3) Finances an improvement by cash or other means approved by the city council;

(4) Any combination of the above.

The construction of a facility authorized by this section must consist of a usable facility or segment and be approved by the city and must be constructed in accordance with the city's public improvement design standards.

The credit to be provided to the property owner shall be determined based on the actual costs of improvements, plus actual costs for engineering and city administration. The data in support of the claim for credit must be submitted prior to issuance of the applicable permit, or the claim shall be deemed invalid.

The property owner must post a bond or other security in a form reviewed and approved by the city attorney prior to acceptance by the director of public works for the complete performance of the construction in order to receive credit prior to completion of construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the city attorney in an amount determined by the director of public works. If the project will not be constructed within one year of the date of the improvement agreement, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. If the project is not to be completed within two years of the date of the improvement agreement, the city council must approve the construction project and its scheduled completion date.

Credits shall not be transferable from one project or development to another without the approval of the city council.

(e) Credit Not More Than Fee. If the amount of fee credit is less than the amount of the otherwise applicable fee, the property owner shall thereafter pay an amount which, when added to the credit received for the construction of facilities, equals the fee obligation. If the fee credit is more than the otherwise applicable fee, the property owner shall be entitled to a corresponding reduction in the amount of fees to be paid or a reimbursement for the excess credit as provided for hereinafter.

(f) Reimbursement for Oversized Facility Improvements. Any developer of property located within the city who constructs and installs oversized facility improvements incident to the approval of a tentative map, tentative parcel map or certificate of compliance authorizing the subdivision of property, or incident to the issuance of a building permit authorizing construction of a building or structure, may be entitled to a reimbursement. Such reimbursement shall be paid by the city, when such funds are available, out of the improvement fees levied pursuant to the provisions of this chapter, for the cost of any portion of such facility improvements which were in excess of that reasonably required to serve the property improved with the building or structure authorized by such building permit, all as determined by the director of public works, using information provided by developer's consultants.

(1) Reimbursement Agreements. Any reimbursement for the oversizing costs of facility improvements required by the provisions of this section shall be made in accordance with the terms and conditions of a written reimbursement agreement between the city and the developer.

(A) The reimbursement agreement shall provide for the payment to the developer of a portion of the revenues received by the city from the impact fees levied pursuant to the provisions of this chapter in incremental amounts reasonably calculated to reimburse the developer for such oversizing costs over a stipulated period between fifteen and thirty years in duration, beginning the date the facility improvements are completed and accepted by the city, all as determined by the director of public works. The reimbursement to be provided to the property owner shall be determined based on the actual costs of improvements, plus actual costs for engineering and city administration. The data in support of the claim for reimbursement must be submitted prior to issuance of the applicable permit.

(B) Such agreement shall be in a form approved by the city attorney, and shall be executed on behalf of the city by the city manager at the time of approval of a final subdivision map, final parcel map or a certificate of compliance in the case of subdivisions approved by a tentative map, tentative parcel map or certificate of compliance, or at the time of the issuance of a certificate of occupancy in the case of a building or structure authorized by a building permit.

(C) Reimbursement is available only to the degree funds are available in any given year. If reimbursement cannot be made during one year, the unreimbursed portion will continue in following years until repaid. The reimbursable amount shall be the difference between the cost of the facility necessitated by development and the oversized facility as determined in this section or as otherwise agreed between the city and the owner, less a sum equal to the city's reasonable cost to administer the reimbursement agreement.

(2) Improvement Delay. Reimbursement may occur after the year in which the project is planned and accepted by the city if, in the opinion of the city manager, the delay is necessary to assure the orderly implementation of the city capital improvement plan. Interest equivalent to the rate earned during the period of delayed reimbursement by the trust account shall be applied to a credit following acceptance of the improvements, or as otherwise agreed between the city and the developer.

(g) Additional Conditions Allowed. The director of public works may authorize, or a condition to the approval for a land use entitlement may require, an owner of property to construct certain facilities or portions thereof specified in the City of Yreka Impact Fee Report (October 2006), the capital improvement program as updated from time to time, or such other capital facilities lists which have been approved by the city council. Such direction or authorization shall result in a credit in lieu of all, or a portion of, a particular fee required by this chapter to be paid by such owner that relates to the improvement constructed.

(Ord. 799 § 2(part), 2007).

(a) All charges relating to development impacts applicable to any premises provided for in this chapter shall be deemed a debt owing to the city.

(b) Any person who makes a connection to the city utility infrastructure without first having paid applicable charges in full, or otherwise violates a provision of this chapter, shall be guilty of a misdemeanor and shall be subject to having such connections disconnected.

(c) A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this chapter.

(d) The conviction or punishment of any person for a misdemeanor violation resulting from the connection to infrastructure of city utilities without first obtaining a permit to do so shall not relieve the person from paying the charges due and unpaid applicable fees.

(e) Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation is guilty of a separate offense for each and every day during any portion of which violation of this title is committed or continued by such person, firm or corporation, and shall be punishable as herein provided.

(f) If errors, discrepancies or omissions are identified, applicant will be required to pay the difference in the development impact fee paid to the development impact fee that should have been paid prior to the issuance of a certificate of occupancy or before water service will be established.

(Ord. 799 § 2(part), 2007).

All or any portion of the fees imposed pursuant to this chapter may be waived by resolution of the city council or pursuant to such economic development policy as may be adopted from time to time by the city council.

The city council's decision with respect to the request for waiver is final.

(Ord. 799 § 2(part), 2007).

(a) The provisions of this chapter shall not be construed to limit the power of the city council to impose any other fees or exactions or to continue to impose existing obligations on the right to develop within the city, but shall be in addition to any other requirements which the city council is authorized to impose, or has previously imposed, as a condition of approving a plan, a development, rezoning or other entitlement. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities, and other exactions required by, but not limited to, the city codes, public improvement design standards, and other applicable documents, and to mitigate environmental impacts from development.

(b) The city council may adopt special benefit zones for the purpose of assessing a development impact fee when it finds that a citywide development impact fee is not sufficient to meet the needs for new public facilities in a localized area of the city. Any such charge, as an additional development impact fee, must comply with the applicable provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000. The resolution or ordinance adopting the development impact fee within a special benefit zone shall include the method of calculation or formula for determining the amount of credit to be applied to the applicable citywide development impact fee, or provide that the fee shall be in addition to the applicable citywide development impact fee, without any credit or offset.

(Ord. 799 § 2(part), 2007).

(a) Within one hundred eighty days following the last day of each fiscal year, the director of finance shall prepare and make available to the public an activity report covering the fiscal year for the city council identifying the current fee amount charged (if not set forth in this chapter), the beginning and ending balance of fees in each trust account, the amount of fees collected and the interest earned, an identification of each public improvement on which fees were expended, the capital facilities to be constructed and the identification of an approximate date by which the construction of each facility to be constructed will commence if the director determines that sufficient funds have been collected to complete financing on an incomplete public improvement. In preparing the report, the director of finance shall adjust the estimated costs of the public improvements in accordance with the engineering construction cost index as published by Engineering News Record for the elapsed time period from the previous July 1st or the date the cost estimate was developed.

(b) The city council shall review the report at a noticed public meeting held not earlier than fifteen days after the report is made available to the public. Within five years following the adoption of any impact authorized by this chapter, and every five years thereafter, the city council shall make the findings required by Government Code Section 66001 for all impact fees authorized by this chapter, except that such findings are not required for wastewater and water impact fees. At any time, the city council may revise the impact fee program to include additional projects not foreseen as being needed, provided that the appropriate findings required by the Mitigation Fee Act and other appropriate state law are made.

(c) In addition to the procedures identified in subsection (b) of this section, the fees established by this chapter and studies shall be comprehensively updated:

(1) In conjunction with or following a comprehensive general plan update;

(2) When the city council determines that growth has occurred at rates significantly above the estimates set forth in the general plan such that additional or different fees and facilities are needed; or

(3) More frequently, if directed by the city council, by ordinance, or if authorized by this chapter, by resolution after a noticed public hearing.

(Ord. 799 § 2(part), 2007).

(a) Increases for Inflation. Each of the base fees in effect for each category shall be increased annually in January by the composite construction cost index as published in the most recent November Engineering News Record, or some similar cost index, in order to keep pace with changes in the cost of construction. The city will determine whether the fees need an inflationary increase at least once a year, but may change the amount of the fee at any time to keep pace with construction costs.

(b) Phased Implementation Schedule. Implementation of the fees identified in this chapter will be phased according to the following schedule:

(c) Additional Administrative Procedures. The city council may adopt by resolution any administrative procedures necessary to carry out the intent of this chapter.

(Ord. 799 § 2(part), 2007).