Chapter 15.66
PUBLIC USE FACILITIES IMPACT FEE
Sections:
15.66.060 Application of chapter.
15.66.070 Public use facilities impact fee requirement.
15.66.080 Annual adjustment of fees.
15.66.100 Public use facilities improvements to be financed by the fee.
15.66.010 Title.
This chapter shall be known as the Public Use Facilities Impact Fee (“PUFIF”) Ordinance and may be cited as such. (Ord. 496 § 2, 2018)
15.66.020 Authority.
This chapter is enacted pursuant to the Mitigation Fee Act, California Government Code Section 66000 et seq. (Ord. 496 § 2, 2018)
15.66.030 Intent and purpose.
The purpose of this chapter is to make provision for assessing and collecting public use facilities impact fees as a condition of project approval of a subdivision map or prior to issuance of a development permit, including a building permit, in order to fund the construction of additional dedicated public use space that benefits city of Solana Beach residents, but not for the rehabilitation of any existing dedicated public use facility.
The fees collected pursuant to this chapter are to fund acquisition of additional dedicated public use facilities and construction of additional dedicated public use facilities that directly benefit new city residents or for creating enhancements to the existing dedicated public use facilities. The collected public use facilities impact fee receipts could not be used for rehabilitation of any existing dedicated public use facilities infrastructure. (Ord. 496 § 2, 2018)
15.66.040 Findings.
The city council of the city of Solana Beach, consistent with California Government Code Section 66000 et seq. of the Mitigation Fee Act, finds that:
A. Purpose of the Fee. The purpose of the PUFIF is to maintain currently met standards of public use facility improvements by a proportional amount necessary to accommodate the added demands created by the construction of additional residential dwelling units through general plan build-out at the existing standards.
B. Use of the Fee. The PUFIF will be used to fund the acquisition and construction of additional dedicated public use space that benefits city of Solana Beach residents, but not for the rehabilitation of any existing dedicated public use facility.
C. Reasonable Use (Benefit). The PUFIF will be used to expand the amount of dedicated public use facilities in proportions consistent with the average persons per dwelling by type of residential dwelling. Dedicated public use facilities offerings would be expanded by type of residential dwelling as different types of residential dwellings generally have differing numbers of people dwelling in them.
D. Reasonable Need (Burden). Residential development creates housing for additional residents who are likely to use the existing facilities, thereby limiting the access to existing residents. The PUFIF will be used to maintain the existing standards to protect the access to existing dedicated public use facilities offerings to the city’s existing residents. The relationship is based upon the average number of persons that reside in the various types of residential construction.
E. Reasonable Apportionment. The reasonable relationship between the PUFIF for a specific development and the cost attributable to the development is based the costs involved in the pro rata expansion of the city’s dedicated public use facilities-related infrastructure. The resulting development impact fees are based upon these costs per individual resident multiplied by the average number of residents residing in each of the two major types of dwelling unit (detached and attached). (Ord. 496 § 2, 2018)
15.66.050 Definitions.
The definitions set forth in this section shall govern the application and interpretation of this chapter:
“Applicant” means developer or person seeking a development permit.
“Building permit” means a permit required and issued by the city of Solana Beach.
“City” means the city of Solana Beach.
“City of Solana Beach Public Use Facilities Impact Fee Program” or “PUFIF Nexus Report” is the fee study entitled “2018 Development Impact Fee (DIFs) Nexus and Calculation Report,” dated July 2, 2018, approved and adopted by the city council on November 28, 2018. This study may be changed or periodically updated by action of the city council pursuant to SBMC 15.66.080. The City of Solana Beach Public Use Facilities Impact Fee Program is maintained for public review in the community development department of the city of Solana Beach.
“Construction” means design, performance of estimates, environmental assessments and studies, determination of fees, acquisition of right-of-way, administration of construction contracts, and actual construction.
“Dedicated public use facilities” means facilities currently dedicated for use as dedicated public use facilities and available to community groups and individuals for meetings and other civic functions. This category of buildings differs from general facilities, which are those used by the city staff to undertake their municipal service duties (City Hall as an example).
“Developer” means the owner or developer of a development seeking a development permit.
“Development permit” means any permit or approval from the city of Solana Beach including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, a development review permit, a coastal development permit, a variance permit, a structural development permit, subdivision map, parcel map, building permit, or any another permit for construction, reconstruction, or development.
“Development project” or “development” means any activity described in Section 66000 et seq. of the California Government Code.
“New development” means any development requiring a development permit excepting the rehabilitation and/or reconstruction of any legal residential structure and/or the replacement of a previously existing residential unit.
“PUFIF” means public use facilities impact fee.
“Redevelopment” means any development project that results in additional dwelling units or square feet.
“Remodel” means changes, alterations and renovations within the existing structure of the building. (Ord. 496 § 2, 2018)
15.66.060 Application of chapter.
This chapter establishes the requirements for the PUFIF for all new development and redevelopment within the city of Solana Beach. This chapter shall apply to all new development and redevelopment except as exempted by state or federal law, or as specifically exempted in this chapter. In cases where a development is specifically exempt by law from this chapter, but that development has cumulative dedicated public use facility development impacts required to be mitigated by the California Environmental Quality Act (CEQA), the city can accept PUFIF payment to mitigate cumulative impacts.
The PUFIF is limited to providing funding in the amounts and for those improvements specified in the City of Solana Beach Public Use Facilities Impact Fee Program. Nothing in this chapter shall restrict the ability of the city to require dedication of land, payment of fees or construction of improvements for needs other than, or in addition to, the improvements specified in the City of Solana Beach Public Use Facilities Impact Fee Program.
The requirement of this chapter shall apply to projects for which building permits are issued on or after the effective date of the ordinance codified in this chapter. The PUFIF shall be calculated for a development project at the earliest time a development permit is deemed complete. (Ord. 496 § 2, 2018)
15.66.070 Public use facilities impact fee requirement.
A. Prior to the issuance of any building permit for new development or redevelopment in the city of Solana Beach, a public use facilities impact fee shall be paid based upon the use of land set forth in the fee rate table included in the PUFIF Nexus Report.
B. The fee shall be paid before the issuance of building permits for each development project within the city of Solana Beach. No building permit shall be issued within the city of Solana Beach unless and until the PUFIF has been paid in full. In the case of discretionary permits that will not involve a building permit, but which will involve new development, payment of the fee shall be recommended as a condition of permitting to the decision-making body that would approve such permit.
C. Fees for single-family residential remodel projects shall not exceed 75 percent of the maximum PUFIF. (Ord. 496 § 2, 2018)
15.66.080 Annual adjustment of fees.
The PUFIF may be adjusted annually starting January 1, 2020, and on each January 1st thereafter, based on the following factors:
A. The cost of construction based on the San Diego-Carlsbad CPI, All Items, for All Urban Consumers (CPI-U) Index, not to exceed 2.5 percent annually.
B. Changes in the type, size, location or cost of the acquisition of public use facilities, if any, to be financed by the PUFIF, changes in land use designations in the city’s general plan, and upon other sound engineering, financing, and planning information.
C. Adjustments to the PUFIF resulting from review of the factors above may be made by resolution amending the fee schedule and subject to compliance with the Mitigation Fee Act.
D. Adjustments to the fees resulting from the annual review may be made by resolution amending the fee rate tables contained in the PUFIF Nexus Report and subject to the notice and public meeting requirements of Government Code Section 66016. (Ord. 512 § 3, 2020; Ord. 496 § 2, 2018)
15.66.090 Use of fee.
A. The revenue raised by payment of the PUFIF shall be placed in a separate and special account or fund in a manner to avoid any commingling with other revenues and funds of the city of Solana Beach; and, such revenues, along with any interest earnings on the account or fund, shall be used solely to:
1. Pay for the city’s future acquisition or construction of public use facilities described in the City of Solana Beach Public Use Facilities Impact Fee Program, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or
2. Reimburse developers who have been required or permitted to install such listed facilities which are oversized with supplemental size, length, or capacity, relative to demand generated by the subject project; or
3. Pay costs required for the administration of this chapter, including, but not limited to, costs incurred in conducting hearings required by state law.
B. The PUFIF fund, including accrued interest, shall be subject to all of the applicable provisions of Government Code Section 66000 et seq., as may be amended from time to time, including but not limited to the requirements for accounting, reporting and expenditure of the fund for the improvements specified in the City of Solana Beach Public Use Facilities Impact Fee Program. (Ord. 496 § 2, 2018)
15.66.100 Public use facilities improvements to be financed by the fee.
A. The public use facilities to be financed by the fee established by this chapter are identified in the City of Solana Beach Public Use Facilities Impact Fee Program.
B. The city council may modify or amend the City of Solana Beach Public Use Facilities Impact Fee Program in order to maintain compliance with the city’s general plan. (Ord. 496 § 2, 2018)
15.66.120 Exemptions.
The following development types shall be exempt for the application of the provisions of this chapter:
A. City-owned facilities and buildings.
B. Redevelopment of single-family homes that does not result in additional square feet. (Ord. 496 § 2, 2018)
15.66.130 Refund of fees.
If a building permit or development permit expires, is cancelled, or is voided and if any fees paid pursuant to this chapter have not been expended and no construction has taken place pursuant to such building permit or development permit, the director of community development shall, upon written request, refund the fee and any interest earned on the fee, less any administrative costs, to the applicant of record. (Ord. 496 § 2, 2018)