Chapter 17A.12
CLOVERDALE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE
Sections:
17A.12.020 Cloverdale public facilities development impact fee established.
17A.12.030 Use of fee revenues.
17A.12.040 Developer construction of facilities.
17A.12.050 Administrative guidelines.
17A.12.010 Purpose.
In order to implement the goals and objectives of the Cloverdale general plan, and to mitigate the impacts caused by future development in the city of Cloverdale, certain public facilities must be constructed. The city council has determined that a public facilities development impact fee is needed in order to finance general public facilities (police, civic center, and corporation yard facilities) required to provide general public services for new development in the city of Cloverdale and to pay each development’s fair share of the construction and acquisition costs of such improvements. In establishing the public facilities development impact 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 Section 65913.2, has considered the effects of the fee with respect to the city’s housing needs as established in the housing element of the general plan. (Ord. 680-2011 § 2 (part), 2011)
17A.12.020 Cloverdale public facilities development impact fee established.
A. A public facilities development impact fee (“public facilities fee”) is established pursuant to California Government Code Section 66000, et seq. (“Mitigation Fee Act”) to pay for general public facilities (police, civic center, and corporation yard facilities) required by the city of Cloverdale to provide general public services to new development in the city of Cloverdale.
B. Pursuant to California Government Code Section 66001, the city council shall, in a city council resolution adopted after a duly noticed public hearing, set forth the amount of the public facilities fee, describe the benefit and impact area on which the public facilities fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the public facilities fee and the need for the public facilities and the types of future development projects on which the public facilities fee is imposed, and set forth time for payment. (Ord. 680-2011 § 2 (part), 2011)
17A.12.030 Use of fee revenues.
The revenues raised by payment of the public facilities fee shall be accounted for in a capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:
A. To pay for property acquisition, including right-of-way acquisition, design, engineering, construction and acquisition of the public facilities designated in the fee resolution and reasonable costs of outside consultant studies related thereto;
B. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest. (Ord. 680-2011 § 2 (part), 2011)
17A.12.040 Developer construction of facilities.
If a developer is required, as a condition of approval of a permit, to construct a public facility that has been designated to be financed with public facilities fees, a credit against the fee otherwise established by this chapter concerning the development project for the developer’s actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee, or the developer’s actual cost of constructing the facility, whichever is less, shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from the fee revenues only. (Ord. 680-2011 § 2 (part), 2011)
17A.12.050 Administrative guidelines.
The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the public facilities fee. (Ord. 680-2011 § 2 (part), 2011)