§ 8-10

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)

(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)

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)

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)

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