Chapter 3.6
DEVELOPMENT FEE DEFERRAL ORDINANCE OF THE CITY OF CLOVIS
Sections:
3.6.01 Zoning Ordinance: Payment of fees.
3.6.04 Deferred payment authorized.
3.6.05 Fees subject to deferment.
3.6.01 Zoning Ordinance: Payment of fees.
Although this chapter regulates the payment of fees prescribed by the Zoning Ordinance of the City of Clovis, it shall not be deemed a part thereof.
3.6.02 Purpose.
The development of real property within the City creates demands on existing municipal facilities, improvements, and services. Various development fees and charges are imposed upon new development in order to mitigate such demands. Payment of those fees and charges is required at various stages of the development process, including tentative tract map, tentative parcel map, conditional use permit, site plan, the issuance of special permit, building permit, certificate of occupancy, and similar entitlements. To facilitate the orderly collection and administration of such development fees and charges, this article sets forth the terms and conditions upon which the payment thereof may be deferred and paid simultaneously upon the close of escrow for improved lots or the issuance of a certificate of occupancy for buildings or structures within a commercial, industrial, professional, or institutional development. (Ord. 97-11, eff. June 5, 1997)
3.6.03 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
(a) “Development entitlement” shall mean a general plan amendment, specific plan amendment, zone district amendment, conditional use permit, site plan, tentative tract map, tentative parcel map, building permit, or other permit or entitlement authorizing the development of real property or the construction of a structure thereon.
(b) “Development fee” shall mean a charge or fee imposed by this code or by council resolution as a condition of the approval or issuance of a development entitlement or the right to connect property to the city water or sewer system, the proceeds of which fee or charge are to be utilized for the acquisition or construction of capital facilities.
(c) “Improved lot” shall mean a lot with a permitted structure constructed thereon. (Ord. 97-11, eff. June 5, 1997)
3.6.04 Deferred payment authorized.
Whenever a provision of this code or council resolution authorizes the deferred payment of a development fee pursuant to this section, a developer may elect to defer the payment of such fee for any lot or parcel until the close of escrow for improved residential lots or the issuance by the city of a certificate of occupancy for buildings or structures within a commercial, industrial, professional, or institutional development by entering into an agreement with the city as follows:
(a) The fee obligation deferred, including fees generated by common areas, outlots, and similar areas within a subdivision or development, shall be prorated to each lot, parcel, unit or building in the manner specified by the City Engineer.
(b) The deferred fee shall be payable at the rate in effect at the time of payment.
(c) The fee shall be payable no later than the close of escrow for improved lots or the issuance by the city of a certificate of occupancy for any building or structure erected or remodeled within a commercial, industrial, professional or institutional development or one year from the issuance of a building permit, whichever comes first.
(d) The agreement authorizing deferred payment shall be in a form approved by the City Engineer.
(e) The agreement shall be signed by all persons having a record interest in the real property for which the fees are being deferred and shall include a legal description of that property.
(f) The agreement shall provide that the whole or any part of the balance of the charges due may be accelerated and paid at any time at the option of the payer.
(g) The agreement shall constitute a covenant running with the land, shall establish a lien on the property in favor of the City in the amount of the deferred charges, and shall be recorded in the office of the Fresno County Recorder.
(h) The lien for said fee shall be enforceable by the City in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code.
(i) Any final map approval granted subsequent to the introduction of this section may request to be allowed to pursue development under the terms of this section. (Ord. 97-11, eff. June 5, 1997)
3.6.05 Fees subject to deferment.
The following fees are subject to deferment, in accordance with the provisions of this section:
(a) Oversize sewer charges;
(b) Sewer major facilities fees;
(c) House branch sewer charges;
(d) Gross acreage charge (water);
(e) Water major facilities fees;
(f) Water meter;
(g) Lateral installation fee (City-installed water services);
(h) Capital outlay charges (community sanitation);
(i) Park acquisition and development fee;
(j) Utility undergrounding fee;
(k) Underground administration charge;
(l) Street fee administration charge;
(m) Outside travel lane fee;
(n) Center travel lane fee;
(o) Traffic signal fee;
(p) Bridges fee;
(q) General plan fee;
(r) Fire Department fee;
(s) Police Department fee;
(t) Nonpotable water system fee;
(u) (Repealed by § 1, Ord. 22-07, eff. October 12, 2022);
(v) Library fee;
(w) Administrative charges associated with fees that the developer elects to defer. (Ord. 97-11, eff. June 5, 1997; as amended by §§ 2, 3, 4, Ord. 02-25, eff. August 7, 2002; § 1, Ord. 03-21, eff. August 13, 2003; § 2, Ord. 06-32, eff. September 17, 2006; § 1, Ord. 06-33, eff. September 17, 2006; § 2, Ord. 08-09, eff. May 21, 2008; §§ 2, 3, Ord. 08-13, eff. July 4, 2008; § 2, Ord. 13-13, eff. July 12, 2013; § 1, Ord. 22-07, eff. October 12, 2022)
3.6.06 Deferment of parcel map and tract map fees for commercial, professional, industrial, and multifamily zoned property.
The development fees associated with the development of a parcel map or tract map with commercial, professional, industrial, or multifamily zoning (including churches, schools and public facilities) may be deferred at the time the parcel map or tract map is recorded on all unimproved lots. The deferred fees and any new fees in effect shall be paid prior to the issuance of any other development entitlements on the unimproved parcels at the fee rate in effect at the time of a payment. The developer/owner shall enter into a deferment agreement with the City.
The fees subject to deferment with a nonresidential tract or parcel map, in accordance with the provisions of this section, shall include those listed in Section 3.6.05 and in addition shall include front footage sewer fees and front footage water fees. (§ 2, Ord. 99-5, amended, eff. May 12, 1999; as amended by §§ 5, 6, 7, Ord. 02-25, eff. August 7, 2002; § 2, Ord. 03-21, eff. August 13, 2003; § 3, Ord. 05-16, eff. July 16, 2005; § 3, Ord. 06-32, eff. September 17, 2006; § 2, Ord. 06-33, eff. September 17, 2006; § 2, Ord. 08-09, eff. May 21, 2008; §§ 4, 5, Ord. 08-13, eff. July 4, 2008; § 3, Ord. 13-13, eff. July 12, 2013)