Chapter 3.40
STREET IMPROVEMENT IMPACT FEES
Sections:
3.40.010 Establishment—Purpose—Use of street improvement impact fee.
3.40.030 Relationship between need for capital street improvements and type of development.
3.40.040 Residential, commercial and industrial development fees.
3.40.050 Relationship between the fee use and type of development.
3.40.010 Establishment—Purpose—Use of street improvement impact fee.
A. The city council creates and establishes a street improvement impact fee for the city which shall be used to mitigate impacts attributed to new development. This fee shall be used to pay a portion of the costs of capital street improvements. This fee shall be based on a formula designed to require that developers pay their fair share for street improvements required to serve the city’s growing population.
B. This fee is based on the costs for street improvements identified in the traffic analysis (Exhibit “A” on file in the office of the city clerk) prepared by a general plan consulting traffic engineer. This fee shall apply only to improvements identified in this report. Where possible, the identified improvements are designed to maintain at minimum Level of Service “C” traffic conditions. In establishing the fee, the city council has found the fee to be consistent with its General Plan, and exempt from CEQA regulations pursuant to Section 15061(b)(3). (Ord. 452 § 1, 1990).
3.40.020 Definitions.
For the purpose of this chapter, the following terms are defined:
A. “Costs of capital street improvements” means any costs related to acquisition, construction, repair and financing, but does not include the costs of routine maintenance. “Costs of capital street improvements” includes costs related to streets, including curbs, sidewalks and related structures, bridges, traffic-control devices, drainage and similar facilities and activities which are otherwise not specifically identified for funding as a part of other city development fees.
B. “New development” means any new residential, commercial or industrial project, construction of improvements for same, or the addition of space to existing improvements, except as specifically exempted herein.
C. “Developer” includes, but is not limited to, an individual home owner or property owner on whose property new development is constructed.
D. “Level of Service ’C’" means a level of service having acceptable delays, or with congestion of delay within acceptable levels. Used as a design guideline. (Ord. 452 § 2, 1990).
3.40.030 Relationship between need for capital street improvements and type of development.
The city council finds that a reasonable relationship exists between the need for costs for capital street improvements categorized in Exhibit “A” (on file in the office of the city clerk) and the type of development project for which the fee is imposed for the following reasons:
A. The city council is committed to maintaining the current level of public facilities and services, and the current public facilities-to-population and public services-to-population relationships, to ensure that to the extent city growth occurs in the future, there will be added public facilities and services;
B. The city council finds that to the extent new development requires public facilities and services, developers of new development should pay their fair share of the costs of capital improvements for such public facilities and services. (Ord. 452 § 3, 1990).
3.40.040 Residential, commercial and industrial development fees.
The city council has determined through analysis that residential development (directly) and commercial and industrial development (indirectly) result in significant increases in city population and that such development, without mitigation, will adversely affect the current public facilities-to-population and public services and facilities, such as street capacity, level of service and safety. To the extent this development contributes to growth, the city council determines that residential, commercial and industrial developers should be assessed at the following rate as their fair share of contribution for the costs of required street improvements, facilities and services identified and defined in Exhibit “A” attached to the ordinance codified in this section and found on file in the office of the city clerk.
Development which occurs from the effective date of the ordinance codified in this section shall be assessed the following fees:
|
Low density residential (Single-family) |
$ 937.93 |
per unit |
|
High density residential (Apts., Condos, Duplexes, etc.) |
635.44 |
per unit |
|
Mobile home/elderly housing |
472.40 |
per unit |
|
Medical/professional offices |
1,073.47 |
per 1,000 s.f. |
|
Commercial/drive thru |
16,734.51 |
per 1,000 s.f. |
|
General commercial |
2,546.66 |
per 1,000 s.f. |
|
Highway service commercial |
2,160.69 |
per 1,000 s.f. |
|
Light industrial |
0.117 |
per s.f. of site area |
|
Heavy industrial |
$0.015 |
per s.f. of site area |
(Urgency Ord. 527 § 1, 1995: Urgency Ord. 526 § 1, 1995: Ord. 523 § 1, 1995: Ord. 452 § 4, 1990).
3.40.045 Credit.
Credit for fee payment may be given for development of the specific infrastructure improvements calculated in the city’s street improvement program. (Urgency Ord. 527 § 2, 1995: Urgency Ord. 526 § 2, 1995: Ord. 523 § 1, 1995).
3.40.050 Relationship between the fee use and type of development.
The city council finds that the use of street improvement impact fees generated from residential, commercial and industrial development to fund the costs of capital street improvements is reasonable because growth in population and services places demand on essential street infrastructure and related facilities. (Ord. 452 § 5, 1990).
3.40.060 Payment of fee.
Any developer applying for a building permit for new residential, commercial or industrial development shall be assessed the street improvement impact fee at that time. Developers applying for a subdivision of land shall pay applicable fees upon filing for the final map. (Ord. 452 § 6, 1990).
3.40.070 Exempted activities.
Any developer engaging in development activities which satisfy the following criteria shall not be required to pay a development fee:
A. An alteration which does not increase the floor area of a structure; or
B. An addition to a single-family residential dwelling which does not constitute the addition of a living unit as defined by the 1988 Uniform Building Code. (Ord. 452 § 7, 1990).
3.40.080 Accounting of funds.
A. Pursuant to Government Code Section 66000 et seq., the city council directs that all street improvement impact fees shall be maintained in a separate fund from the city’s general fund. The city shall utilize the fees in this account, along with any interest, only for the costs of capital street improvements as specified herein.
B. If a development impact fee paid by a developer for a particular development has been retained by the city for five or more years, and the city has not committed that fee to costs for capital street improvements, then the city council shall make findings describing the continuing need to retain the fee each fiscal year after the first five years.
C. If the city council does not make such findings, then the city council shall refund the collected fees as appropriate. (Ord. 452 § 8, 1990).