Chapter 3.70
PUBLIC SAFETY IMPACT FEE

Sections:

3.70.010    Findings and intent.

3.70.020    Purpose.

3.70.030    Definitions.

3.70.040    Establishment of a public safety fee.

3.70.050    Determination of required fees.

3.70.060    Payment of fees.

3.70.070    Public safety fee fund and accounting.

3.70.080    Fee adjustments.

3.70.090    Fee refunds.

3.70.100    Fees in effect when fee is paid.

3.70.010 Findings and intent.

The city council hereby finds and declares that:

A.    New development projects in the city have had and will continue to have significant citywide (other than site specific) impacts on the availability and adequacy of public safety facilities.

B.    It is the city’s intent and desire to maintain well developed community facilities including public safety facilities.

C.    The imposition of impact fees is one of the customary methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development in order to promote and protect the public health, safety, and welfare.

D.    The provisions of this chapter are enacted pursuant to the city of Foster City general plan and Section 66000 et seq. of the California Government Code (the “Mitigation Fee Act”). (Ord. 650 § 3 (Att. 3), 2022)

3.70.020 Purpose.

A.    The purpose of the public safety fee is to fund public safety facilities by providing adequate levels of police and fire facility improvements, vehicles, and other equipment necessary for adequate police and fire service provision related to new development.

B.    The intent of the public safety fee is to provide a funding mechanism to pay for the expansion or construction of police and fire facilities, the improvement of existing buildings, and the acquisition of new vehicles and specialized equipment. (Ord. 650 § 3 (Att. 3), 2022)

3.70.030 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows:

A.    “Certificate of occupancy,” as used in this chapter, has the same meaning as in California Government Code Section 66007(e).

B.    “Building permit” includes full structural building permits as well as partial permits such as foundation-only permits or permits for tenant improvements.

C.    “Public safety facility” means police and fire facility improvements, vehicles, and other equipment necessary for adequate police and fire service provision related to new development.

D.    “Public safety fee” shall mean the public safety impact mitigation fee imposed on new development for the purpose of funding public safety facilities related to new development.

E.    “New development” shall mean all new building construction, conversion to a use that intensifies existing public safety demands, and any other new construction that creates additional public safety impacts. (Ord. 650 § 3 (Att. 3), 2022)

3.70.040 Establishment of a public safety fee.

Except as otherwise provided in this chapter, applicants shall pay a public safety fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed and demonstrates the reasonable relationship between the need for public safety facilities and the type of development projects on which the fees will be imposed. (Ord. 650 § 3 (Att. 3), 2022)

3.70.050 Determination of required fees.

A.    The community development director, or the director’s designee, shall be responsible for determining the fees required by this chapter. This determination shall be made at the time of application for the building permit for the new development.

B.    The public safety fee may be modified automatically on an annual basis in accordance with the change in the Engineering News-Record (“ENR”) Construction Cost Index for the San Francisco area. This adjustment shall not require any action of the city council. (Ord. 650 § 3 (Att. 3), 2022)

3.70.060 Payment of fees.

A.    The fees required by this chapter from a developer shall be paid at the time the city issues a building permit for each development project, unless the developer of a residential development project enters into an agreement with the city to pay the fees at the time the certificate of occupancy is issued, pursuant to Government Code Section 66007(a). An agreement to defer payment until the issuance of a certificate of occupancy must be executed and recorded before the city will issue a building permit for the development project.

B.    If new development changes or intensifies the existing use on the project site or adds additional square footage to an existing building, thereby requiring the payment of a new or additional public safety fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the community development director, or the director’s designee; provided, however, that in no event shall the city refund the fees previously paid. (Ord. 650 § 3 (Att. 3), 2022)

3.70.070 Public safety fee fund and accounting.

A.    Public Safety Fee Fund. Fees collected pursuant to this chapter shall be deposited in the public safety fee fund, and shall be segregated and used and expended primarily to fund public safety facilities related to new development. Any interest accrued by the account shall be used solely for the purpose of funding public safety facilities.

B.    Public Safety Fee Accounting. The city shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq. (Ord. 650 § 3 (Att. 3), 2022)

3.70.080 Fee adjustments.

Any person subject to a fee required by this chapter may apply to the community development director, or the director’s designee, for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant’s development project on public safety facilities in the city and the amount of the fee charged.

A.    Application. An applicant shall file a written request to adjust fees with the community development director, not later than ten days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the community development director, or the director’s designee, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus to the impact of the development on the need for public safety facilities within the city and state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a building permit prior to the completion of the appeal process, applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.

B.    Decision of the Community Development Director. The community development director, or the director’s designee, shall issue a decision on the application within thirty days after the application is filed with the community development department. The community development director’s, or the director’s designee’s, decision shall state his or her determination regarding the amount of the public safety fee that may reasonably be imposed on the subject new development and include a brief description of the basis for the director’s decision.

C.    Appeal of the Decision of the Community Development Director. Decisions of the community development director, or the director’s designee, may be appealed to the city manager. Appeals must be filed within ten days of the community development director’s, or the director’s designee’s, decision. The city manager shall review the application and evidence presented to the community development director, or the director’s designee, and issue a decision within fifteen days. The decision of the city manager is final and may be appealed or protested pursuant to Government Code Section 66020. (Ord. 650 § 3 (Att. 3), 2022)

3.70.090 Fee refunds.

Upon application, fees collected by the city pursuant to this chapter shall be refunded under the following circumstances:

A.    Fees collected pursuant to this chapter are erroneously or illegally collected.

B.    The building permit expires, and no extension has been granted, for the development project upon which fees were imposed pursuant to this chapter. An application for refund pursuant to this subsection B shall be filed with the community development director no later than ninety days after expiration of the building permit. The amount of refund shall be reduced by an amount to cover the cost to the city for processing the refund. (Ord. 650 § 3 (Att. 3), 2022)

3.70.100 Fees in effect when fee is paid.

Unless otherwise required by law, the amount of the fees to be paid under this chapter shall be in the amount of the fee in effect at the time the fee is paid. (Ord. 650 § 3 (Att. 3), 2022)