Chapter 4.11
POLICE DEPARTMENT FEE
Sections:
4.11.04 Police Department fee.
4.11.05 Use of fees collected.
4.11.01 Title of provisions.
This chapter shall be known as the Police Department fee. (§ 3, Ord. 00-12, eff. May 31, 2000; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.02 Purpose.
The City hereby establishes a method for coordinated acquisition and development of City Police Department facilities in order to accomplish the following:
(a) To ensure the provision of police service within the City of Clovis sphere of influence and to continue to provide emergency service within the City’s current policy standards by providing adequate service as community growth requires;
(b) To establish a financing mechanism to construct, equip and furnish the police station to serve the newly developed service areas as may be established by Council which creates an as reasonably equitable system of distribution of costs based upon burdens imposed, benefits received and/or timing of land development as can be achieved under the existing circumstances;
(c) To require fees for the development of the police station as a condition of approval of a final map, a conditional use permit, a site plan or a building permit;
(d) To provide for fees and for the review of such fees annually and for adjustments commensurate with any adjustments in actual construction/acquisition costs, or by the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December. (§ 3, Ord. 00-12, eff. May 31, 2000; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.03 Definitions.
When used in this chapter, the following terms shall have the following meanings:
(a) “Assisted living facility” shall mean a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.
(b) “City” shall mean the City of Clovis, the Clovis Community Development Agency, the Clovis Municipal Development Corporation and any other not-for-profit or governmental entity wholly and completely founded, organized and controlled solely by the City of Clovis.
(c) “Dwelling unit” shall mean each single-family dwelling and each living unit of an apartment, duplex, multiple dwelling structure, condominium, cooperative or planned development as defined in Section 11003 of the Business and Professions Code of the State, and each stall, space, site or location for a mobile home or trailer intended for use as a separate habitation or residence.
(d) “Dwelling unit equivalent” shall be rounded to the nearest tenth (0.1) of a unit and shall mean each one thousand five hundred (1,500) square feet, or fraction thereof, of gross building area of assisted living facilities, churches, hospitals and nonpublic schools; or shall equal nine thousand six hundred eighty (9,680) square feet, or fraction thereof, of gross lot acreage for hotels, motels, commercial, professional and industrial development.
Where a development is for a public school, and includes nonportable or nonrelocatable building facilities, a “unit” shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as twenty-nine thousand (29,000) square feet of gross acreage, or fraction thereof.
Portable/relocatable buildings for public schools that are used to provide additional student capacity are to be considered on a cumulative, City-wide basis, rather than a site specific basis. The School District shall be required to provide the City with an annual report containing the total number of portable/relocatable buildings within the City, currently in use for instructional space, together with the total gross building area of each of those portable/relocatable buildings. A “unit” shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as one thousand five hundred (1,500) square feet, or fraction thereof, of the total City-wide instructional space represented by portable/relocatable buildings. Payment of a Police Department fee, as set forth in the Master Development Fee Schedule, per unit, shall be required for any additional portable/relocatable classroom square footage added within the City that exceeds the previously paid baseline square footage. Moving portable/relocatable classrooms from one location to another, within the City, is not considered a net change in portable/relocatable square footage and will not result in the payment of additional fees. Only the addition of portable/relocatable classroom capacity in excess of the previously paid baseline square footage will be counted as additional “units” for fee purposes.
“Dwelling unit equivalent” for mini-storage facilities as defined in Section 9.120.020 shall be based on the underlying General Plan land use designation. Mini-storage facilities equivalent dwelling units in planned residential, agricultural, rural residential, and mixed use areas shall be as follows:
|
Land Use Designation |
Equivalent Dwelling Units/Acre |
|---|---|
|
Very low density (SFR) |
2 |
|
Low density (SFR) |
2.7 |
|
Medium density (SFR) |
4.1 |
|
Medium high density (Res) |
10.2 |
|
High density (Res) |
17.1 |
|
Mixed use |
4.5 |
|
Agricultural |
2 |
|
Rural residential |
2 |
(e) “Gross building area” shall mean the cumulative square footage of the building; in the case of a multi-story building it shall be the summation of square footage of all stories.
(f) “Gross acreage” shall mean the total area within the boundaries of the lot and one-half (1/2) of the area of all frontage streets. For public schools, the gross acreage shall include the entire developed site inclusive of plazas, open space, play areas, and sports fields.
(g) “Owner/developer” shall mean any person shown as the owner of land on the last equalized assessment roll or any person entitled to be shown as owner of land on the next assessment roll and/or the authorized representative of the owner of land. City is not an owner/developer.
(h) “Person” shall mean and include every person, firm or corporation who constructs or causes a dwelling unit or dwelling unit equivalent to be constructed, either by himself or through the services of any employee, agent, or independent contractor.
(i) “Public infrastructure” for purposes of applying fees and exemptions pursuant to this chapter shall mean any City-owned facility or improvement that is funded by a City of Clovis development impact fee including water well sites, booster pump sites that are part of or appurtenant to the City water and recycled water systems, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, sewer lift station sites, and fire and police facilities. (§ 3, Ord. 00-12, eff. May 31, 2000; as amended by § 7, Ord. 02-12, eff. June 5, 2002; § 13, Ord. 04-14, eff. May 5, 2004; § 11, Ord. 08-13, eff. July 4, 2008; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.04 Police Department fee.
Any owner/developer and any person who constructs or causes a dwelling unit or a “dwelling unit equivalent” to be constructed in the City shall pay, in addition to any other fees required to be paid by the City, a fee which shall be calculated on the basis of the development’s proportionate share of the cost to construct, furnish, and equip police stations to accommodate the City’s growing police needs.
Unless otherwise exempt under the provisions of this chapter, approval of a final map, a conditional use permit, a site plan or a building permit in the City as defined in the Clovis Municipal Code shall be subject to a condition for the payment of a Police Department fee in the amount and in the manner set forth in this chapter. The fees are to be based on the following:
(a) Each single-family residential lot shall pay a Police Department fee for each dwelling unit.
(b) Each multifamily unit shall pay a Police Department fee for each dwelling unit.
(c) Each hotel, motel, commercial, professional or industrial development shall pay a Police Department fee for each equivalent dwelling unit.
(d) Each assisted living facility, church, hospital and nonpublic school shall pay a Police Department fee for each equivalent dwelling unit.
(e) Each public school shall pay a Police Department fee for each equivalent dwelling unit.
(f) Mini-storage facilities shall pay a Police Department fee for each equivalent dwelling unit.
(g) In calculating the Police Department fee on existing development that is adding to an existing structure either hotel, motel, commercial, industrial or professional, the area of the addition is divided by the total structure area including the addition. This factor is multiplied by the gross acreage of the site to determine the proportionate acreage of the site. This proportionate acreage is then multiplied by four and one-half (4.5) units per acre and rounded to the nearest tenth (0.1) of a unit. This proportional unit calculation is then multiplied by the current Police Department fee.
(h) All fees shall be adjusted on an annual basis to reflect actual police station construction and equipment costs.
(i) The foregoing fees, and any amendment thereto, shall be fixed by the City Council by resolution and shall be included in the Master Development Fee Schedule.
(j) The fee for modifications to existing residential, single-family residential, and multifamily residential which add dwelling units and has not fully paid a Police Department fee shall be assessed and collected for each new dwelling unit.
(k) No Police Department fee will be required for modifications to existing single-family residential structures meeting the following criteria:
(1) The structure was originally constructed within the City’s corporate limits; or
(2) The structure lies within the City’s original 1912 corporate limits.
The fee for modifications to existing residential, single-family residential, and multifamily residential which add to the building square footage but do not meet the above criteria and have not fully paid a Police Department fee shall be based on the ratio of the additional building square footage to the total building square footage including the building addition, multiplied by the total units for the lot.
(l) Any development considered to be public infrastructure shall be exempt from the payment of fees under this section.
(m) FMFCD basins shall be exempt from the payment of fees under this section. (§ 3, Ord. 00-12, eff. May 31, 2000; as amended by § 7, Ord. 02-12, eff. June 5, 2002; §§ 9, 10, Ord. 03-15, eff. June 18, 2003; §§ 14—17, Ord. 04-14, eff. May 5, 2004; §§ 12—15, Ord. 08-13, eff. July 4, 2008; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.05 Use of fees collected.
All of the sums collected pursuant to the provisions of this chapter shall be deposited in the Police Department Fee Account and shall be used solely to construct, equip and furnish police stations. Such fund shall not be used for maintenance or upkeep of existing Police Department facilities. (§ 3, Ord. 00-12, eff. May 31, 2000; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.06 Amount of fee.
The Police Department fee shall be established from time to time by Council resolution based on the development’s share of the current estimated police station construction costs and equipment, rounded to the next highest one and no/100ths dollar ($1.00), and shall be included in the Master Development Fee Schedule. This fee shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest. (§ 3, Ord. 00-12, eff. May 31, 2000; § 3, Ord. 07-19, eff. August 3, 2007; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.07 Time for payment.
(a) The fee as set forth in Section 4.11.04 shall be due and payable as a condition precedent to and upon the approval of a final map, parcel map, or building permit.
(b) Payment may be deferred in accordance with the provisions of Chapter 6 of Title 3. (§ 3, Ord. 00-12, eff. May 31, 2000; § 5, Ord. 13-13, eff. July 12, 2013)
4.11.08 Protest procedures.
An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 5, Ord. 13-13, eff. July 12, 2013)