Chapter 15.76
FACILITY FEES FOR DEVELOPMENT PROJECTS
Sections:
15.76.010 Findings and purpose.
15.76.040 Limited use of fees.
15.76.050 Credit and reimbursement for construction of facilities.
15.76.070 Fee adjustment or waiver.
15.76.110 Credits based on replacement of existing structures.
15.76.120 Automatic annual adjustment.
15.76.130 Increase by resolution.
15.76.010 Findings and purpose.
The city council finds and determines as follows:
A. On May 19, 1992, the city council adopted the general plan and master plans for circulation, sewer, water and storm drainage systems, and the city of Winters financing plan, which describe the general location, capacity, and types of capital improvements planned as part of the city’s public facilities improvements to serve a population of twelve thousand five hundred (12,500).
B. Pursuant to general plan Policies I.A.4., I.A.5., I.A.7., I.F.2., I.F.3, III.A.l5, III.B.2., IV.A.4., IV.A.5., VII.C.7., and similar policies throughout the general plan, it is the city’s policy to require new development to pay its fair share of expansion of public facilities to serve new growth. The purpose of this chapter is to implement these general plan requirements and, under the authority of Article XI, Section 7 of the California Constitution, to establish the appropriate development fees to pay for the cost of these services and facilities, the demand for which is generated by the type and level of new development in the city general plan.
C. The basis for establishment of the facilities fees was identified in the master plan for circulation, dated May 8, 1992, and prepared by Wilbur Smith Associates, and master plans for sewer, water and storm drainage systems dated May 8, 1992, and prepared by CH2M Hill. Additional analysis of the need for and cost of new public facilities and improvements required by new development was conducted and described in the city financing plan, dated May 8, 1992, the development impact fee study dated May 1, 1992, by Economic and Planning Systems (EPS), and the addendum to that report dated May 7, 1992, and the documents relied upon in preparation of that report. The development impact fee study and addenda by EPS are incorporated by reference, as if set forth in full herein.
D. The environmental impacts of the facilities described in these documents, including cumulative and growth-inducing impacts, have been identified in the Final Environmental Impact Report (EIR) prepared for the 1992 general plan EIR. Prior to action on site-specific projects, subsequent environmental review will be undertaken as necessary pursuant to the California Environmental Quality Act (CEQA). Therefore, the city council finds that adoption of this facilities fee program is within the scope of the final EIR prepared for the city general plan project, and certified by the city council in Resolution 92-13. The city council adopts the Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations, attached as Exhibits A, B, and C to city council Resolution 92-13.
E. In order to protect the health, safety and welfare of the community and to ensure that adequate public services and facilities are provided for the residents of the city, adoption of a fee schedule is necessary to finance these public improvements and to pay for the new development projects’ fair share of the cost of these improvements. (Ord. 2021-03 § 5 (Exh. B))
15.76.020 Definitions.
As used in this chapter:
“Building permit” means the permit issued or required for the construction, improvement or remodeling of any structure pursuant to and as defined by the city building code.
“City of Winters” means all property located within the geographical area within the city urban limit line.
“Costs” means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and the costs of land, construction, engineering, administration, and consulting fees.
“Department” means the city community development and building department.
“Developer” shall include an owner or authorized agent of an owner of property.
“Development entitlement” includes, but is not limited to, a subdivision map, parcel map, rezoning, prezoning development agreement or permit for the construction, grading or installation of a single-family detached home, single-family attached home, duplex, townhome, condominium, apartment, manufactured home or mobile home, or for construction of any nonresidential building or use requiring a permit. It does not include remodeling or additions to a dwelling unit unless such addition or remodeled unit can be separately sold or leased, or substantially increases the demands on the city’s infrastructure.
“Director” means the director of the city community development and building department.
“Estimated cost” means the total estimated cost of constructing a facility.
“Facilities” means those public facilities designated in the master facility plans, Winters development impact fee study or in any subsequent facilities study adopted by the city.
“Program fee” means the total program costs for a particular category of facilities and services applied to the percentage of the total demand for that particular category generated by each type of land use, and divided by the total number of residential units in each residential land use category, or estimated total building square feet in each nonresidential land use category.
“Winters development impact fee study” means the study, including any amendments thereto, adopted by resolution by the city council, for the financing of designated facilities and services within the city including, but not limited to, a designation of those facilities to be constructed with the mitigation fees collected under this chapter, the estimated costs of constructing the facilities, or providing the services designated therein, and the total use factors used in arriving at an allocation of the cost of the facilities to different types of land uses. (Ord. 2021-03 § 5 (Exh. B))
15.76.030 Facility fees.
A. The payment of development impact fees for capital facilities is hereby established as set forth in the city’s facilities fee resolution as a condition of the issuance of all development entitlements for new construction. The city council shall, by resolution, set forth the specific amount of each fee, list the type of public improvements to be financed, describe the estimated costs of these facilities, describe the reasonable relationship between each fee and the various types of new developments and set forth the time for payment of the fee.
B. Unless otherwise specified in the facilities fee resolution, each development fee shall be paid prior to issuance of a building permit in the amount established by the facilities fee resolution adopted by the city council. If no building permit is required for new development subject to this chapter, the fee must be paid prior to issuance of a grading permit, an occupancy permit or other final permit to use the property. (Ord. 2021-03 § 5 (Exh. B))
15.76.040 Limited use of fees.
The revenues raised by payment of these facility fees shall be placed in separate and special accounts created to account for the revenue generated by each such fee. Such revenues, along with any interest earnings on each account, shall be used solely to:
A. Pay for the city’s future construction of each category of facilities described in the resolution enacted pursuant to Section 15.76.030 or to reimburse the city for those described or listed facilities in the resolution constructed by the city with funds advanced by the city from other sources;
B. Reimburse developers who have been required or permitted to install such listed facilities which are oversized with supplemental size, length, number or capacity; or
C. Allow temporary borrowing between categories of facility fee accounts, consistent with Government Code Section 66006. (Ord. 2021-03 § 5 (Exh. B))
15.76.050 Credit and reimbursement for construction of facilities.
A. Upon application by the developer, the director may authorize the developer to construct certain on-site or off-site facilities specified in the city’s master plans, or at the time and as designated by the director, in lieu of all, or a portion of, the fee required by this chapter. The owner may be entitled to a credit if the owner: (1) constructs the improvements; (2) finances an improvement by cash, assessment district, or Mello-Roos Community Facilities District; or (3) a combination of the above. If so authorized, the credit to be provided to the property owner shall be equal to the estimated cost of the facility as set forth in the most recent Winters master plans or facility estimates, including, but not limited to, unit prices, quantities and project description. The construction of a facility authorized by this section must be approved by the city, and conducted in accordance with the city development standards. The property owner must post a bond or other security in a form acceptable to the city attorney for the complete performance of the construction, before credit is given and before issuance of a grading or building permit.
B. If the amount of the credit is less than the amount of the otherwise applicable fee, the developer shall pay the difference.
C. If the amount of the credit is greater than the amount of the otherwise applicable facility fee, the property owner shall be reimbursed pursuant to a reimbursement agreement after the project is accepted by the city, as described in the master plans or any updates of those plans. Any funds paid by the city would be paid only from the applicable fund.
To implement this subsection the property owner and the city shall first enter into a reimbursement agreement. In addition to its other terms, the agreement shall provide that: (1) the general fund of the city is not liable for payment of any obligations arising from the agreement; (2) the credit or taxing power of the city is not pledged for the payment of any obligations arising from the agreement; (3) the land owner shall not compel the exercise of the city taxing power or the forfeiture of any of its property to satisfy any obligations arising from the agreement; and (4) the obligation arising from the agreement is not a debt of the city, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only from the development fees deposited in the applicable development impact fee fund.
D. The construction of facilities by a private owner under this section shall be performed and contracted for as required by law, including, but not limited to, compliance with the city standards and any federal, state and local requirements for public works, applicable to the particular facility. (Ord. 2021-03 § 5 (Exh. B))
15.76.060 Supplemental fees.
Where a developer proposes a project, which has an impact upon public facilities that is significantly greater or lesser than the standards used to calculate the fees for that category of project, the director may make a determination on a case-by-case basis that the fee is inappropriate for the proposed project, and may impose a supplemental fee or reduced fee for a project upon making the necessary findings based upon evidence in the record pursuant to Government Code Section 66001. This determination shall be made prior to imposition of a fee upon the project.
The determination shall be made based upon the application for a development permit, or upon the application for a building permit if no development permit is required, and any additional information requested by the director. The director may require the developer to submit engineering data, technical studies, calculations or other project information which is necessary to make a determination pursuant to this section. (Ord. 2021-03 § 5 (Exh. B))
15.76.070 Fee adjustment or waiver.
A. The developer of a development subject to a fee under this chapter may apply to the director for an adjustment to, or waiver of, that fee.
B. The application shall be made in writing and filed with the city clerk no later than ten (10) days before any public hearing on the development permit application for the project, or, if no public hearing is required, ten (10) days prior to the time of the application for a building permit. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver, and shall include substantial evidence of the absence of a reasonable relationship between the impact on public facilities of that development and either the amount of fee charged, or the type of facilities to be financed.
C. The director shall consider the application at an informal hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the director is appealable pursuant to Section 15.76.090.
D. The applicant bears the burden of proof in presenting substantial evidence to support the application. The director shall consider the following factors in its determination whether or not to approve a fee adjustment or waiver:
1. The factors identified in Government Code Section 66001, including but not limited to the following:
a. The purposes and proposed uses of the fee;
b. The type of development;
c. The relationship between the fee’s use and type of development;
d. The relationship between the need for the improvements and the type of development; and
e. The relationship between the amount of the fee and the portion of it attributable to the development.
2. The substance and nature of the evidence including the Winters development impact fee study and the applicant’s technical data supporting its request. The applicant must present comparable technical information to show that the fee is unreasonable as applied to the particular development. (Ord. 2021-03 § 5 (Exh. B))
15.76.080 Change of use.
If a reduction or waiver is granted pursuant to Section 15.76.070, any change in use within the project which substantially affects the demand on the city’s services and facilities shall invalidate the waiver or reduction of the fee and the portion waived or reduced shall be due and payable to the city immediately upon notification by the city delivered by mail deposited with the United States Postal Service. (Ord. 2021-03 § 5 (Exh. B))
15.76.090 Appeal procedure.
A. The director is responsible for administering, collecting, crediting, adjusting, and refunding development fees. A decision by the director, regarding a fee imposed under this chapter, is appealable in accordance with this section. Any person seeking judicial review shall first seek an appeal hearing under this section.
B. Any person appealing a decision under this chapter shall file a request with the city manager who is responsible for processing the appeal. The request shall be accompanied by a deposit for the reasonable estimated administrative costs of conducting the hearing, including the city’s legal fees. The appeal shall be in writing, stating the factual and legal grounds, and shall be filed within ten (10) calendar days following the decision being appealed.
C. The manager shall set the matter for hearing before the city council and notify the person appealing in writing of the time and place of the hearing.
D. The city council shall conduct a de novo hearing, adopt findings of fact and a written decision on the matter, and shall preserve the administrative record of the proceeding. The council shall consider relevant evidence presented by the appellant and by the director.
E. The decision of the city council is final, and is not subject to reconsideration. It is reviewable by a court under Code of Civil Procedure Section 1094.5.
F. The city adopts Code of Civil Procedure Section 1094.6 for the purposes of judicial review under this section. A petition seeking review of a decision under this chapter shall be filed not later than thirty (30) days following the date on which the decision of the city council becomes final, and shall be preceded by a written protest including:
1. A statement informing the city of the factual elements of the dispute and the legal theory forming the basis for protest; and
2. A statement that the required payment is tendered under protest. (Ord. 2021-03 § 5 (Exh. B))
15.76.100 Five-year review.
If, five years after collection, any portion of a fee collected pursuant to this chapter is unexpended or uncommitted, the city shall review the fee and the purpose for which it was charged, and make a determination and finding as to the continued need for the fee and the reasonable relationship between the fee and the purpose for which it is intended. This review and findings shall be made once each fiscal year in any year that there are unexpended or uncommitted fees, beginning with the fifth year after the effective date of the ordinance codified in this chapter.
If the appropriate finding cannot be made, the city shall refund the fees to the then-current owner of record of the project on which the fee was imposed pursuant to Government Code Sections 66001(d), (e), and (f). (Ord. 2021-03 § 5 (Exh. B))
15.76.110 Credits based on replacement of existing structures.
The city council may establish a schedule of credits against development fees established pursuant to its facilities fee resolution, based upon the replacement of an existing legal structure which was in existence during the immediately preceding twelve (12) month period. Any credits will be given only to the extent that the city council can make a finding that: (A) the new development does not make demands on infrastructure capacity greater than that imposed by the structures being replaced; and (B) the owner of the previous structures paid the applicable development fees, if any, at the time of their construction. (Ord. 2021-03 § 5 (Exh. B))
15.76.120 Automatic annual adjustment.
Each fee imposed by this chapter shall be adjusted automatically on July 1st of each year beginning on July 1, 1993, by a percentage equal to the rise in the Engineering News-Record construction cost index for the preceding twelve (12) months. (Ord. 2021-03 § 5 (Exh. B))
15.76.130 Increase by resolution.
The amount of each fee established by the facilities fee resolution may be more specifically set and revised at any time by resolution of the city council, with this chapter being considered as enabling and directive, and as establishing the initial fee program. (Ord. 2021-03 § 5 (Exh. B))
15.76.140 Permits affected.
Except as provided in the facilities fee resolution, this chapter shall apply to each and every building permit for new construction either applied for or proposed to be issued on and after the effective date of the ordinance codified in this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.76.150 Audit.
Whenever an audit is requested to determine whether a fee or charge levied by the city exceeds the amount reasonably necessary to cover the cost of any product or service provided the city manager shall estimate the cost of the audit and require a deposit in the full amount estimated. If the actual cost is less than estimated, the difference shall be refunded to the person requesting the audit. If the actual amount is greater than the deposit, the person requesting the audit shall pay the full cost and the difference shall be due and payable upon notice to the person requesting the audit. This shall apply to any audit requested pursuant to Government Code Sections 54985 and 66023, and any other authority for an audit of the city’s fee program. (Ord. 2021-03 § 5 (Exh. B))