Chapter 4.07
CAPITAL FACILITIES FEES
Sections:
4.07.030 Drainage improvement impact fee.
4.07.040 Park and recreation facilities impact fee.
4.07.050 Transportation system.
4.07.060 Police facilities impact fee.
4.07.070 Fire facilities impact fee.
4.07.080 Administrative facilities impact fee.
4.07.090 Public works administrative facilities impact fee.
4.07.100 Sewer connection fee.
4.07.110 Limited use of revenues.
4.07.120 Developer construction of facilities.
4.07.140 Fee adjustments, waivers and reclassifications.
4.07.160 Effective date for fees for residential projects.
4.07.010 Purpose of chapter.
In order to implement the goals and objectives of the “General Plan” and comply with the requirements of the Mitigation Fee Act (Cal. Gov’t Code § 66000 et seq.), the City has caused to be prepared a report entitled “AB 1600 Facilities and Equipment Study,” a copy of which is on file in the office of the City Clerk. This study sets forth the public facilities and equipment that would likely be required to be constructed/acquired, or which have already been constructed/acquired, in order to meet the needs caused by new development. The City Council does hereby approve this study and in so doing determines that development impact fees are needed to be imposed upon persons obtaining building permits for new structures or intensification of the use of existing structures within the City (herein “developers”) in order to finance these public facilities and equipment and to pay for new development’s fair share of the acquisition/construction cost of these improvements. [Ord. 12-004.]
4.07.020 Findings.
The City Council finds and determines:
A. The facilities set forth in the AB 1600 Facilities and Equipment Study are representative of the facilities and equipment required to implement the General Plan, including the Public Services and Facilities Element.
B. The AB 1600 Facilities and Equipment Study and related information have been available to the public for a minimum of fourteen (14) days.
C. In establishing the fees described in the following sections, the City Council has found the fees to be consistent with the General Plan, and pursuant to Cal. Gov’t Code § 65913.3 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. 12-004.]
4.07.030 Drainage improvement impact fee.
Drainage improvement impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for drainage improvements. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.040 Park and recreation facilities impact fee.
Park and recreation facilities impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for park and community and recreation center improvements. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.050 Transportation system.
Transportation system impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for transportation improvements, including regional, local and alternative (transit) transportation improvements. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.060 Police facilities impact fee.
Police facilities impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for police facilities. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.070 Fire facilities impact fee.
Fire facilities impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for fire facilities. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.080 Administrative facilities impact fee.
Administrative facilities impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for administrative facilities improvements. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.090 Public works administrative facilities impact fee.
Public works administrative facilities impact fees are hereby established on the issuance of all building permits for development in the City of Dixon, for the purpose of paying for public works administrative facilities. The amount of the fee shall be set forth in a resolution adopted by the City Council and amended from time to time pursuant to DMC 4.07.150. [Ord. 12-004.]
4.07.100 Sewer connection fee.
A. Sewer connection capacity charges, as defined in Cal. Gov’t Code § 66013(b)(3) of the Mitigation Fee Act, are based upon a Capital Improvement Plan approved by the City Council in 1996, as adjusted in accordance with the provisions of Resolution 9691 of the City Council, and are set forth in subsection B of this section. Said capacity charges are sometimes referred to in this chapter as “sewer connection fees.” The revenues raised from sewer connection fees, as defined herein, shall be held, maintained, used and accounted for by the City as required in Cal. Gov’t Code § 66013 of the Mitigation Fee Act.
B. Sewer Connection Fees. Each applicant for a permit shall pay a connection fee as set forth by resolution. [Ord. 12-004; Ord. 15-017 § 2.]
4.07.110 Limited use of revenues.
The revenues raised by payment of the fees established in this chapter (other than those raised from sewer connection fees) shall be accounted for separately and such revenues, along with any interest earnings, shall be used solely to:
A. Pay for the past and future construction of facilities or acquisition of equipment described in the AB 1600 Facilities and Equipment Study. Since the City cannot predict the exact timing, nature and density of development, the City reserves the right to expend the fees to construct other improvements which serve the same purpose for which the fee was collected (i.e., in lieu of a traffic signal, the City may determine that the use of traffic calming devices may achieve the desired level of traffic control). A fee may not be expended for a different purpose (i.e., a transportation fee may not be used for public safety facilities). The fees may also be used to reimburse the City for facilities previously constructed by the City with funds advanced by the City from other sources; or
B. Reimburse developers who have been required or permitted by DMC 4.07.120 to install facilities which would otherwise be paid for by fees authorized by this chapter, which are oversized with supplemental size, length, or capacity; or
C. The fees may be used for interfund lending to another fee account, where, based upon a cash flow analysis, the Council determines that the borrowed funds will be repaid, in a timely manner, with interest. [Ord. 12-004.]
4.07.120 Developer construction of facilities.
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility which would otherwise be paid for by fees authorized by this chapter, which is oversized with supplemental size, length, or capacity, and when such construction of the facilities 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 would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portions of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development receiving the credit. [Ord. 12-004.]
4.07.130 Collection of fees.
For residential projects, the fees provided for in this chapter shall be collected by the Finance Director at the time of final inspection by the Building Official of the residence for which the fees are to be paid, or at the time of the Building Official’s issuance of a certificate of occupancy for that structure, whichever first occurs. For all other development projects, the fee shall be collected by the Finance Director at or immediately prior to the time the building permit is issued by the Building Official for the construction of the structure. Fees collected by the Finance Director shall be deposited in the City Treasury to the credit of the fund or account for which they are collected.
If any fee imposed by this chapter is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the City Manager may require the property owner of the site at which the construction is to take place, or the lessee of the site, if the lessee’s interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the City the fee, or applicable portion thereof, at the time of final inspection of said structures, or at the time of the issuance of the certificate of occupancy for that structure, whichever first occurs.
If a residential development subject to the payment of fees under this chapter contains more than one (1) dwelling, the fees shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first. [Ord. 12-004.]
4.07.140 Fee adjustments, waivers and reclassifications.
A. Any person subject to any of the fees authorized by this chapter may apply to the City Manager for a reduction, adjustment or a waiver of that fee. The application for a reduction, adjustment or waiver of the fee must be based upon the absence of any reasonable relationship or nexus between impacts of the development and either the amount of the fee charged or the type of facilities to be constructed. The City Manager may adopt an application form to be used in conjunction with any request and any person seeking such a request shall provide the information required by that application form. The City Manager may grant in whole or part, or deny, the request for a reduction, adjustment or waiver. Action of the City Manager shall be in writing and shall be delivered to the applicant and to the Building Official and the Finance Director. If the applicant is dissatisfied with the decision of the City Manager, the applicant must file a written appeal with the clerk of the City Council within ten (10) calendar days of the date that the City Manager notifies the applicant in writing of his or her decision. The City Council shall consider the application at a public meeting and either affirm, modify or reverse the decision of the City Manager as it deems appropriate. The decision of the City Council shall be final.
B. When an application for a building permit or similar permit or entitlement proposes to intensify the existing use of property, it must be determined by the City Manager, after consultation with the Building Official, whether the new use would be subject to a fee required by this chapter. The City Council may, by resolution, prescribe standards and criteria to be used by the City Manager in making that determination. In the event that the new use is subject to a fee under this chapter, the current user, property owner, or both shall pay the fee required by this chapter. Any fee paid previously shall be credited against the new fee. If the applicant is dissatisfied with the decision of the City Manager, the applicant must file a written appeal with the clerk of the City Council within ten (10) calendar days of the date that the City Manager notifies the applicant in writing of his or her decision. The City Council shall consider the application at a public meeting and either affirm, modify or reverse the decision of the City Manager as it deems appropriate. The decision of the City Council shall be final. [Ord. 12-004.]
4.07.150 Annual review.
When required by statute, the City Council shall on an annual basis review each fee provided for in this chapter, determine the account balance for each fee, and, based upon inflation, determine the appropriate adjustment in the fee to be charged on subsequent permits and perform all acts required by Cal. Gov’t Code §§ 66006 and 66013 for each fee, to the extent that said sections are applicable to that fee.
As part of said annual review, the City Council may adjust the fees by an amount which represents the percentage of increase or decrease in construction costs between the most recent September 1st preceding the annual review and the previous most recent September 1st preceding said review based upon the Engineering News-Record Construction Costs Index. Annual fee adjustments of sewer connection fees provided for in DMC 4.07.100 and set forth in DMC 4.07.100(B) shall be made in the manner provided for in the Mitigation Fee Act and shall be approved by ordinance. All other annual fee adjustments of fees provided for in this chapter shall be made in the manner provided for in the Mitigation Fee Act and shall be approved by resolution. [Ord. 12-004.]
4.07.160 Effective date for fees for residential projects.
Any fee imposed pursuant to this chapter shall not take effect until sixty (60) days following the date when the City Council enacts the ordinance imposing that fee, or sixty (60) days after the date when the City Council adopts a resolution imposing that fee if the fee may be imposed by resolution under the provisions of this chapter or any other statute which governs the establishment of such fees.
All annual fee adjustments which are imposed by resolution shall take effect sixty (60) days following the date the resolution is adopted by the City Council. [Ord. 12-004.]