Chapter 1.48 IMPACT MITIGATION FEES

CHAPTER 1.48
IMPACT MITIGATION FEES

SECTION:

1.48.010: Title

1.48.020: Purpose

1.48.030: Time Of Payment

1.48.040: Effective Date

1.48.050: Police Capital Facilities Mitigation Fees

1.48.060: Fire Capital Facilities Mitigation Fees

1.48.070: Water Facilities Mitigation Fees

1.48.080: Sanitary Sewer Facilities Mitigation Fees

1.48.090: Circulation System Impact Mitigation Fees

1.48.100: Parkland And Park Facilities Mitigation Fees

1.48.110: General City Facilities Mitigation Fees

1.48.010 TITLE:

This chapter shall be known and may be cited as the IMPACT MITIGATION FEE ORDINANCE. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.020 PURPOSE:

A. The purpose of this chapter is to impose impact mitigation fees on new residential, commercial, industrial and other developments in the city in order to offset the costs of upgrading and expanding public facilities and public services necessitated by such developments.

B. General Use Guidelines: In addition to any use identified in a specific section of this chapter, revenues raised by payment of identified impact mitigation fees may be used within the category of facilities for which they were established for the following purposes:

1. To pay for the design, engineering, right-of-way acquisition and construction of designated facilities and improvements and reasonable costs of outside consultant studies related thereto; and

2. To reimburse the city for designated improvements constructed with city funds from other sources, together with accrued interest; and

3. To reimburse developers who have designed and constructed designated improvements which are oversized with supplemental size, length or capacity; and

4. To pay for and/or reimburse costs of program development and ongoing administration of the involved impact mitigation fee program. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.030 TIME OF PAYMENT:

Fees imposed by this chapter shall be due and payable on the date of final inspection of the development, or on the date the certificate of occupancy for the same is issued, whichever occurs later. (Ord. 2010-61, 2-16-2010; amd. Ord. 2022-133, 6-20-2022)

1.48.040 EFFECTIVE DATE:

Fees or charges imposed pursuant to this chapter upon single-family or multi-family residential "development projects," as defined in California Government Code section 65928, shall be effective no sooner than sixty (60) days following the final action on the adoption of the fee or charge, or increase in the fee or charge. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.050 POLICE CAPITAL FACILITIES MITIGATION FEES:

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including, but not limited to, the relationship between new residential, commercial and industrial development and the need to construct new or expand existing police facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a police facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city and future growth area according to the following schedule:

Existing City Fee Zone
	Single-Family Dwelling Unit	$292 per unit.
	Multi-Family Dwelling Unit	$236 per unit.
	Mixed Use/Commercial Uses	$0.039 per square foot.
	Industrial/Manufacturing Uses	$0.021 per square foot.

Future Growth Area
	Single-Family Dwelling Unit	$951 per unit.
	Multi-Family Dwelling Unit	$770 per unit.
	Mixed Use/Commercial Uses	$0.128 per square foot.
	Industrial/Manufacturing Uses	$0.070 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A of this section and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the police capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of police capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in special funds by fee zone which are hereby created and established for such purpose, to be known and designated as the "existing city police capital facilities fee fund" and the "future growth area police capital facilities fee fund," respectively. Monies deposited in such funds shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said funds, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of police capital facilities as made necessary by new residential, commercial, industrial and other developments in each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of police equipment, including vehicles. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.060 FIRE CAPITAL FACILITIES MITIGATION FEES:

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing fire facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a fire facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city and future growth area according to the following schedules:

Existing City Fee Zone
	Single-Family Dwelling Unit	$2,493 per unit.
	Multi-Family Dwelling Unit	$2,019 per unit.
	Mixed Use/Commercial Uses	$0.658 per square foot.
	Industrial/Manufacturing Uses	$0.362 per square foot.

Future Growth Area
	Single-Family Dwelling Unit	$1,225 per unit.
	Multi-Family Dwelling Unit	$991 per unit.
	Mixed Use/Commercial Uses	$0.322 per square foot.
	Industrial/Manufacturing Uses	$0.177 per square foot.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the fire capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of fire capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in special funds by fee zone which are hereby created and established for such purpose, to be known and designated as the "existing city fire capital facilities fee fund" and the “future growth area fire capital facilities fee fund,” respectively. Monies deposited in such funds shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said funds, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of fire capital facilities as made necessary by new residential, commercial, industrial and other developments in each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of fire equipment, including vehicles. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.070 WATER FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city and future growth area will cause the city to incur substantial capital costs for the upgrading and expansion of the municipal water system and facilities, the facts and evidence presented establish that there is a reasonable relationship between the need for the upgrading and expansion of such facilities and the impacts thereon caused by the new developments referred to above, and the cost estimates contained in documents and studies referred to above represent the reasonable costs expected to be incurred for the upgrading and expansion of said facilities, and the fees expected to be generated by new development will not exceed the total of those costs.

B. Fee Imposed:

1. Pursuant to the findings contained in subsection A of this section, and the documents referenced therein, a water facilities mitigation fee is imposed upon each new residential, commercial, industrial and other development in the city and future growth area, according to the following schedules:

Existing City Fee Zone
	Single-Family Dwelling Unit	$12,944 per unit.
	Multi-Family Dwelling Unit	$10,485 per unit.
	Mixed Use/Commercial Uses	$5.954 per square foot.
	Industrial/Manufacturing Uses	$2.977 per square foot.

Future Growth Area
	Single-Family Dwelling Unit	$2,403 per unit.
	Multi-Family Dwelling Unit	$1,946 per unit.
	Mixed Use/Commercial Uses	$1.106 per square foot.
	Industrial/Manufacturing Uses	$0.533 per square foot.

2. The amount of fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A of this section and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analysis of those matters set forth in subsection A of this section, the fees prescribed in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exception, Waiver: Notwithstanding the provisions of subsection B of this section, the water facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement, development agreement, or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of work done or to be done by the developer on water system facilities located outside of the subject subdivision or other development. Said water facilities mitigation fee may also be waived, in whole or in part, as to a particular development where the city council finds, by resolution, that it would be equitable to do so in order to compensate for water system facilities installed by the developer outside of the subject development at a time prior to the effective date hereof where such installation was done without a written contract but at the request of the city, or with its approval.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in special funds by fee zone which are hereby created and established for such purpose and which shall be known as the "existing city water facilities fee fund" and "future growth area water facilities fee fund," respectively. Monies deposited in said funds shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal water system and facilities made necessary by the development of new residential, commercial, industrial and other projects in each fee zone. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.080 SANITARY SEWER FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it that the development of new residential, commercial, industrial and other projects in the city and future growth area will cause the city to incur substantial capital costs for the upgrading and expansion of the municipal sanitary sewer system and facilities, the facts and evidence presented establish that there is a reasonable relationship between the need for the upgrading and expansion of such facilities and the impacts thereon caused by the new developments referred to above, and the cost estimates contained in the studies and documents referred to above represent the reasonable costs expected to be incurred for the upgrading and expansion of said facilities, and the fees expected to be generated by new development will not exceed the total of those costs.

B. Fee Imposed:

1. Pursuant to the findings contained in subsection A of this section, and the documents referenced therein, a sanitary sewer mitigation fee is imposed upon each new residential, commercial, industrial and other development in the city and future growth area, according to the following schedules:

Existing City Fee Zone
	Single-Family Dwelling Unit	$6,821 per unit.
	Multi-Family Dwelling Unit	$5,524 per unit.
	Nonresidential Uses	$29.53 per gallon per day of assumed sewer discharge.

Future Growth Area
	Single-Family Dwelling Unit	$10,355 per unit.
	Multi-Family Dwelling Unit	$8,387 per unit.
	Nonresidential Uses	$44.83 per gallon per day of assumed sewer discharge.

2. The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A of this section and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees prescribed in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exception, Waiver: Notwithstanding the provisions of subsection B of this section, the sanitary sewer facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of work done or to be done by the developer on sanitary sewer system facilities located outside of the subject subdivision or other development. Said sanitary sewer facilities mitigation fee may also be waived, in whole or in part, as to a particular development where the city council finds, by resolution, that it would be equitable to do so in order to compensate for sanitary sewer system facilities installed by the developer outside of the subject development at a time prior to the effective date hereof where such installation was done without a written contract but at the request of the city, or with its approval.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in special funds by fee zone which are hereby created and established for such purpose and which shall be known as the "existing city sewer facilities fee fund" and "future growth area sewer facilities fee fund," respectively. Monies deposited in said funds shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal sanitary sewer system and facilities made necessary by the development of new residential, commercial, industrial and other projects in each fee zone. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.090 CIRCULATION SYSTEM IMPACT MITIGATION FEES:

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, business and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of circulation system capital facilities, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial lodging and business development and the need to construct new or expand existing circulation system facilities, such as but not limited to streets, traffic signals and bridges, and the estimated capital costs of constructing and/or acquiring the same, a circulation system facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

Existing City Fee Zone
	Single-Family Dwelling Unit	$815 per unit.
	Multi-Family Dwelling Unit	$546 per unit.
	Mixed Use/Commercial Uses	$2.265 per square foot.
	Industrial/Manufacturing Uses	$0.676 per square foot.

Future Growth Area
	Single-Family Dwelling Unit	$14,924 per unit.
	Multi-Family Dwelling Unit	$9,999 per unit.
	Mixed Use/Commercial Uses	$41.487 per square foot.
	Industrial/Manufacturing Uses	$12.387 per square foot.

Gonzales Agricultural Business Industrial Park
	Industrial/Manufacturing Uses	$3.628 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A of this section and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the circulation system capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of circulation system capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in special funds by fee zone which are hereby created and established for such purpose and which shall be known as the "existing city circulation system facilities fee fund," the "future growth area circulation system facilities fee fund," and the "Gonzales Agricultural Business Industrial Park circulation system facilities fee fund," respectively. Monies deposited in said funds shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal circulation system and facilities made necessary by the development of new residential, commercial, industrial and other projects in each fee zone. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.100 PARKLAND AND PARK FACILITIES MITIGATION FEES:

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to acquire parkland and expand park facilities and the estimated capital costs of constructing the same, a parkland and park facilities construction mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Parkland and Open Space
	Land Acquisition Fee
	For development not occurring in subdivisions parkland acquisition impact fees shall be paid as follows:
	Single-Family Unit	$1,936 per unit.
	Multi-Family Unit	$1,568 per unit.
	For development occurring in subdivisions fees in lieu of parkland acquisition shall be paid as follows:
	Single-Family Unit	$2,570 per unit.
	Multi-Family Unit	$2,081 per unit.

Park Construction Fee:
	The Park Construction Fee will be charged to all residential developments, regardless of whether park land has been dedicated or a land acquisition in-lieu fee has been paid:
	Single-Family Unit	$7,240 per unit.
	Multi-Family Unit	$5,861 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into consideration the matters set forth in subsection A of this section and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection B of this section, the fees established in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the parkland and park facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the acquisition of parkland and construction park facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "parkland and park facilities fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of parkland and park capital facilities as made necessary by new residential development in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)

1.48.110 GENERAL CITY FACILITIES MITIGATION FEES:

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing general facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a general city facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

Single-Family Dwelling Unit	$4,811 per unit.
Multi-Family Dwelling Unit	$3,894 per unit.
Mixed Use/Commercial Uses	$0.646 per square foot.
Industrial/Manufacturing Uses	$0.355 per square foot.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the general city facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of general capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "general capital facilities fee fund." Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of general capital facilities as made necessary by new residential, commercial, industrial and other developments in each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of police equipment, including vehicles. (Ord. 2006-42, 7-3-2006; amd. Ord. 2022-133, 6-20-2022)