Chapter 3.64
NEW DEVELOPMENT IMPACT FEES
Sections:
3.64.020 Establishment of development impact fees.
3.64.030 Development agreements.
3.64.050 Developer construction of facilities.
3.64.010 Purpose.
In order to implement the goals and objectives of the City of Patterson General Plan and to mitigate the public service impacts caused by new development, certain public facilities must be purchased and/or constructed. The city council has determined that a development impact fee is needed in order to pay for such facilities, and to pay for the new development’s fair share of the construction and/or acquisition costs of these improvements. In establishing the fees described in the following sections, the city council finds that the fees are consistent with the city’s General Plan. (Ord. 608 § 1 (part), 2000).
3.64.020 Establishment of development impact fees.
A Public Facilities Development Impact Fee is hereby established as a condition of any new development for which discretionary approval is required from the City of Patterson, including issuance of building permits and/or certificates of occupancy. Said fees are established to pay for public facilities as identified in the City of Patterson Development Fees Studies and the City of Patterson Development Fees Studies Addendum. The city council shall, from time to time, by resolution, set forth the amount of the fee, list the specific public improvements to be financed with said fees, describe the estimated cost of the facilities, describe the reasonable relationship between the fee and the type of development upon which the fee is being levied, and set forth the time of payment of the fee. Said resolution shall provide for a method of adjusting the amount of the fees to account for changes in construction costs or other considerations affecting the reasonable relationship between the fees and the cost of the identified public facilities. (Ord. 608 § 2 (part), 2000).
3.64.030 Development agreements.
The city council may, at its sole discretion, waive any or all development impact fees established by the ordinance codified in this chapter for new development subject to a development agreement between the city and the developer as defined by Government Code Section 65868, when such agreement identifies specific provisions for the financing of public improvements necessary to serve such development. (Ord. 608 § 3 (part), 2000).
3.64.040 Limited use of fees.
The revenues raised by the imposition of fees pursuant to the ordinance codified in this chapter shall be placed in special accounts and such revenues, along with the any interest earnings derived from such revenues, shall be used solely to:
A. Pay for the construction of facilities described in the resolution adopted pursuant to Section 3.64.020 of this code, or to reimburse the city for such facilities that the city may have constructed with funds advanced from other sources; or
B. Reimburse developers who have been required or permitted by Section 3.64.050, of this code, to install such facilities which are oversized with supplemental length, size or capacity. (Ord. 608 § 4 (part), 2000).
3.64.050 Developer construction of facilities.
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in the resolution adopted pursuant to Section 3.64.020 of this code, which facility is determined by the city to have supplemental length, size or capacity beyond that needed to serve that specific development, and when such construction is necessary to ensure timely and efficient construction of the facilities, a reimbursement agreement with the developer and a credit against the fee which would otherwise be charged pursuant to the ordinance codified in this chapter shall be offered. The reimbursement offer shall not include that portion of the cost needed to provide services to, or mitigate the impacts of, the development. (Ord. 608 § 5 (part), 2000).
3.64.060 Fee adjustments.
The city council may, at its discretion, waive or adjust said fees for any purpose deemed by the city council to be in the best public interest of the City of Patterson. A developer of any project subject to the fee established in Section 3.64.020 of this code may appeal to the city council for a reduction or adjustment to that fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the public service impacts of that development and either the amount of the fee or the type of facilities to be financed. The application shall be made in writing to the city clerk, along with any required application fee, not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of the waiver, reduction or adjustment. The city council shall consider the appeal at a public hearing to be held within sixty days after the filing of the appeal. The hearing of the appeal may be continued from time to time. The decision of the city council on the appeal shall be final. If a fee reduction, adjustment or waiver is granted, any change in the permitted type or intensity of land use within the approved development project shall invalidate the reduction, adjustment or waiver. (Ord. 608 § 6 (part), 2000)
3.64.070 Unexpended funds.
Pursuant to Government Code Section 66001(d), whenever fees collected pursuant to the ordinance codified in this chapter remain unexpended or uncommitted for five or more years after deposit of the fee, the city council shall make findings once each year with respect to the unexpended amount. The city council shall identify the purpose for which the fee is to be used, and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this section need only be made for monies in possession of the city, and need not be made with respect to any letter of credit, bonds or other items given to secure payment of the fee at a future date.
The city shall refund to the then-current owner or owners of the new development project or projects, on a prorated basis the unexpended or uncommitted portion of the fees for which need cannot be demonstrated pursuant to this section. The city may refund the unexpended or uncommitted revenue by direct payment, by providing a temporary suspension of public facility impact fees, or by any other means consistent with this section. The determination of the means by which those fees are to be refunded is a legislative act.
If the city council determines that the administrative costs of refunding the unexpended or uncommitted fees collected pursuant to the ordinance codified in this chapter exceed the amount to be refunded, the city council, after a public hearing, notice of which has been published pursuant to Section 6061 of the California Government Code and posted in three prominent places within the area of the new development project, may determine that the unexpended or uncommitted fees shall be allocated for some other purpose for which the fees are collected and which serves the new development project on which the fees were originally imposed. (Ord. 608 § 7 (part), 2000).