Chapter 10 — DEVELOPMENT IMPACT FEE

In order to implement the goals and objectives of the General Plan of the City of Yuba City and to mitigate the impacts caused by new and anticipated development within the Yuba City General Plan boundaries, certain public improvements, identified in the General Plan, must be constructed. The City Council has determined that a development impact fee is needed in order to finance these public improvements and to pay for new developments' fair share of the acquisition and improvement construction costs and other costs necessary or convenient to ensure conformity to or implementation of the General Plan. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code § 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element as well as all other elements of the General Plan.

(§ 1, Ord. 1100, eff. August 1, 1990)

Sec. 8-10.101. - Development impact fee.

(a)

A development impact fee is hereby established on issuance of all development permits for development in the City to pay for public improvements to implement the General Plan. The City Council shall, in a Council resolution, set forth the specific amount of the fee, describe the benefit and impact areas on which the major projects financing fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. To the extent that the development impact fee includes components for financing projects already included in fees collected under other City ordinances, such other fees when paid, shall be a credit against the appropriate components of the development

impact fee. To the extent that some or all of the projects financed or to be financed by the development impact fee are financed through a community facilities district, special assessment district or other financing mechanism, participation in such other financing mechanism shall be a credit against the appropriate component of the development impact fee. As described in the fee resolution, this development impact fee shall be paid by each developer, at the option of the developer, either prior to issuance of a building permit or prior to issuance of a certification of occupancy for the commercial or industrial project or the respective dwelling units in a residential project, or at such earlier time permitted by law, as set forth in, if applicable, Government Code § 66007. On an annual basis, the City Council shall review the fees to determine whether the fee amounts are reasonably related to the burden of developments and whether the described public facilities are still needed. It is the intent of the City Council not to increase the fee amounts prior to July 1, 1993.

(b)

As used in this section, "development permit" means a zoning or rezoning of property, a conditional use permit, subdivision map, building permit, or other permit for construction or reconstruction but does not include a lot line adjustment, the merger of parcels or a building permit for remodeling or reconstruction if the use of the structure does not change.

(§ 1, Ord. 1100, eff. August 1, 1990)

Sec. 8-10.102. - Limited use of fees.

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(a)

Pay for the City's future construction of facilities described in the resolution enacted pursuant to Section 8- 10.101 above, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources; or

(b)

Reimburse developers who have been required or permitted by Section 8-10.103 to install such listed facilities which are oversized with supplemental size, length, or capacity.

(§ 1, Ord. 1100, eff. August 1, 1990)

Sec. 8-10.103. - Developer construction of facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 8-10.101 which facility is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which should otherwise be charged pursuant to this article on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or

mitigate the need for the facility or the burdens created by the development. This reimbursement provision is supplemental to the provisions relating to reimbursement in Title 6 of the Yuba City Municipal Code and the Subdivision Map Act.

(§ 1, Ord. 1100, eff. August 1, 1990)

Sec. 8-10.104. - Fee adjustments.

A developer of any project subject to the fee described in Section 8-10.101 may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed. Industrial projects, employing two or more low- or moderate-income persons will have a priority for consideration of a waiver or reduction of fees. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit application for the project. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. 1100, eff. August 1, 1990)

CHAPTER 11. - SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT IMPACT FEE

Sec. 8-11.100. - Title.

This chapter shall be known as the "Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee" (Regional LDIF) regulation of the City. This chapter shall be applicable in the incorporated territory of the City.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.101. - Operative date.

The "operative date" of this chapter begins on the 60th day following the adoption of the ordinance codified in this chapter and continuing for 30 years thereafter at which time, unless the operative date is amended prior to that date, the collection of the impact fee pursuant to this chapter shall cease.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.102. - Purpose.

This chapter is adopted to impose a levee improvement development impact fee (levee fee) to ensure that new development, which is defined as having completed discretionary entitlement processing after the effective date of this ordinance, within the Sutter Butte Basin portion of the City of Yuba City pays its proportionate share of the levee improvement costs needed to provide 200-year level of protection to the

urban (northern) portion of the Sutter Butte Basin and 100-year level of protection to the rural (southern) portion of the basin. This levee fee, in combination with other sources of funding described within the Regional LDIF Nexus Study dated June 30, 2023 (Nexus Study), as may be updated by resolution from time to time, will fund the project to provide flood protection to the Sutter Butte Basin as detailed in the Nexus Study.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.103. - Fee rate.

The Regional LDIF for the Sutter Butte Basin Levee System, based on the acreage of a project, is detailed within the Nexus Study. A levee fee as set forth in the Nexus Study is imposed consistent with this chapter.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.104. - Total square footage of development.

(a)

For new development of vacant land. In the case where a new development is being constructed on vacant land or land that has not previously been developed:

(1)

Residential land uses. For all residential land uses, the levee fee is calculated proportionately to the square footage of the residential property. The total conditioned (habitable) square footage of the property is divided by 1,000 square feet to determine the total levee fee amount. Conditioned or habitable square footage is livable space within a residential property excluding basements, garages, garden sheds, greenhouses, storage sheds, and covered patios.

(2)

Nonresidential land uses. For nonresidential land uses, the total square footage of building space is divided by 1,000 square feet to determine the total levee fee amount.

(b)

For development of land with existing or pre-existing structures or replacement structures:

(1)

Residential land uses:

(i)

For a residential expansion project in excess of 500 new habitable square feet, the incremental new square footage will be charged the levee fee on a 1,000 square foot basis.

(ii)

For residential replacement projects, if the project involves development of a new residential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure), and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new habitable square footage will be charged the levee fee per 1,000 square foot basis. The net new square footage in excess of 500 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage.

(iii)

For residential expansion or replacement projects of less than 500 new square feet, no levee fee will be charged.

(2)

Nonresidential land uses:

(i)

For nonresidential expansion projects of more than 500 new building square feet, the additional square footage will be charged the levee fee per 1,000 square foot basis.

(ii)

For nonresidential replacement projects, if the project involves development of a new nonresidential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure) and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new square footage will be charged the levee fee on a 1,000 square foot basis. The net new building square footage in excess of 500 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage.

(iii)

For nonresidential expansion or replacement projects of less than 500 new building square feet, no levee fee will be charged.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.105. - Exemptions and exclusions.

The following land uses and/or development projects are exempt from the levee fee:

(a)

Agricultural: Development projects on land zoned Agricultural Holding District (AH).

(b)

Additions to pre-existing structures: Development projects that require a building permit and are not increasing the amount of new structure square footage are exempt from the levee fee if the project involves

adding less than 500 new square feet. If the project increases the structure by 500 square feet or more, only the incremental new square footage will be charged the levee fee on a proportionate basis.

(c)

Replacement due to damage (with or without addition): If the proposed project is an in-kind replacement to a previously existing structure because of fire damage or other natural disaster, the project will be exempt from the levee fee so long as the replacement does not increase the amount of new structure by more than 300 square feet. If the project increases the structure by more than 300 square feet, the incremental new square footage will be charged the levee fee on a proportionate basis.

(d)

Structures raised above the 200-year floodplain elevation: Development projects with structures raised above the elevation of the 200-year flood as determined by the land use agencies or structures removed from the 200-year floodplain by flood control improvements that meet the design standards applicable to the federal-state flood control system as determined by the land use agencies, shall be exempt from the levee fee. The "200-year flood" and "200-year floodplain" are determined without incorporating SBFCA's completed Feather River West Levee improvements. Detailed mapping to assist in making this determination can be found on page 4-4 of SBFCA's Final Engineer's Report, dated July 14, 2010.

(e)

Open space: Any development project located on land designated by the Yuba City General Plan as parks, recreation and open space.

(f)

Public agency owned land (including federal, state, and local agencies): Any development project located on land owned by a public agency and is to be used solely for public use.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.106. - Fee revenue accounting.

All proceeds of the levee fee imposed under this chapter shall be placed in a separate fund established by the City (flood protection improvement fund). Separate and special accounts may be established in the flood protection improvement fund and used to account for collected revenues, along with any interest earnings. Except for temporary borrowing from one City fund to another, the revenue (and interest) shall be used only for the purposes for which the flood protection improvement fund was collected.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)

Sec. 8-11.107. - Severability.

If any provision of this chapter or the application thereof to any entity or circumstance is held invalid, the remainder of the chapter and the application of such provision to other entities or circumstances shall not be affected thereby.

(Ord. No. 002-24, § 3(Exh. A), 2-6-2024)