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At the time of establishing the amount of the transportation facility fees, storm drainage facility fees, park facility fees and building and equipment fees authorized by this chapter, or at the time of increasing or decreasing such fees, other than an increase in the fees made in the manner hereinafter provided by this chapter to adjust the fees for inflation, the council shall hold a public hearing on the proposed fees or proposed increase or decrease in such fees as required by Section 66016 and 66017 of the Government Code. Notice of the time and place of such hearing shall be served on each person having filed a written request for such notice with the city clerk at least 14 days prior to the date of such hearing. In addition, any data, reports or other information used in determining and calculating the amount of such fees shall be made available in the office of the city clerk at least ten days prior to the date of such hearing.
Following the adoption of a city council resolution which establishes, increases or decreases the amount of the transportation facility fees, storm drainage facility fees, park facility fees or building and equipment fees authorized by this chapter, such fees shall not become effective until the sixty-first day following the date of such resolution, all as provided for by Section 66017 of the Government Code.
(Ord. 1956 §1 (part))
A. Report of Finance Director. Commencing with the fifth fiscal year following the first year of receipt of any revenues from transportation facility fees, storm drainage facility fees, park facility fees and building and equipment fees assessed and levied pursuant to the provisions of this chapter or any other chapter of this code, and in each fiscal year thereafter, the finance director shall provide the city council with a report which sees forth the total amount of all such fee revenues that were received and deposited in all of the various funds hereinafter provided by this chapter in each fiscal year prior to the date of such report but which remain unappropriated as of the date of the report; provided, however, that the finance director will not be required to make such report in any year in which there were no unappropriated fee revenues in any such fund which were received and deposited in the fund more than 5 years prior to the date of the report.
B. Action by the City Council. Commencing with the fifth fiscal year following the first year of receipt of any revenues from transportation facility fees, storm drainage facility fees, park facility fees and building and equipment fees assessed and levied pursuant to the provisions of this chapter or any other chapter of this code, and in each fiscal year thereafter, the city council, following receipt of the finance director's report, shall take one of the following actions required by Section 66001 of the Government Code with respect to any unappropriated fee revenues in the various funds hereinafter provided for by this chapter which were received and deposited in such fund 5 or more years prior to the date of such report:
1. Appropriate all or any part of such unappropriated fee revenues for the construction, installation and/or acquisition of the facilities, buildings or equipment for which the fees were imposed;
2. Make a finding with respect to all or any part of such unappropriated fee revenues which identifies the purpose to which the revenues are to be put and which demonstrates a reasonable relationship between the fees from which the revenues are derived and the purpose for which they were imposed; or
3. Provide for the refund of all or any part of such unappropriated fee revenues, together with any interest accrued thereon, to the current owner of any property for which fees were paid; provided, however, that if the administrative costs of refunding such fee revenues exceed the amount to be refunded, the city council, after considering the matter at a public hearing, notice of which is given in the manner provided for by Section 66001 (e) of Government Code, may appropriate such revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this chapter or any other chapter of this code and which the council determines will benefit the properties for which such development impact fees were charged or otherwise imposed.
(Ord. 1956 §1 (part), Ord. 2113 §1)
The provisions of this chapter shall not release any owner of residential or nonresidential property located within the city from the obligation of complying with any public facility improvement requirements which are imposed pursuant to the other provisions of this code at the time of approval of a tentative map, tentative parcel map, certificate of compliance, building permit or other land use entitlement provided for by this code.
(Ord. 1956 §1 (part))
In determining the development impact fees to be assessed and levied upon the owner of residential or nonresidential property pursuant to the provisions of this chapter, the following fee reductions shall apply:
A. For useable area that is uncovered or open, in order to acknowledge this area's seasonal use, the owner shall be assessed fifty percent (50%) of the base development impact fees per square foot for this area;
B. Where a single-family residential unit includes an Accessory Dwelling Unit (ADU), the ADU shall be assessed fifty percent (50%) of the development impact fees, so long as the ADU utilizes the same sewer lateral as the primary residence of the property; and
C. In acknowledgement that the number of bedrooms in a new residence correlates to household size, and therefore to impacts on City infrastructure and facilities, and, similarly, that the number of bathrooms in a residence directly correlates to the number of drainage fixtures, which corresponds to impacts on the City's sanitary sewer infrastructure, the following fee reductions and increases are applied:
1. Single Family Dwelling Units:
i. Units that have two (2) or less bedrooms and two (2) or less bathrooms will receive a thirty percent (30%) reduction in the base impact fee
ii. Units with four (4) or more bedrooms and three (3) or more bathrooms will pay a thirty percent (30%) increase from the base impact fee
2. Multi-Family Dwelling Units:
i. Units that have one (1) or less bedrooms and one and half (1.5) or less bathrooms will receive a thirty percent (30%) reduction in the base impact fee
ii. Units with four (4) bedrooms and bathrooms that range between two (2) and four (4), will pay a thirty percent (30%) increase from the base impact fee
iii. Units with five (5) or more bedrooms that also have more than four (4) bathrooms will pay a sixty percent (60%) increase from the base impact fee
(Ord. 2521 §1)
“Administrative building” means any office building, including any real property required for such office building, which is used in the administration and/or provision of governmental services by the city except for fire protection buildings and police protection buildings.
(Ord. 1956 §l (part))
“Bidwell Park” means the predominantly natural park conveyed to the city by Annie E.K. Bidwell pursuant to that certain deed dated July 10, 1905, together with any additions made thereto. Bidwell Park is predominantly a natural park area and is considered a regional park for general community use. However, certain portions of Bidwell Park do include active park amenities such as playground structures, ballfields, and other recreational infrastructure available to the entire community. For the purposes of the city-wide park inventory prepared for the city's development impact fee program, select active recreational areas in Bidwell Park are counted as community park facilities. No additional community park facilities shall be constructed within Bidwell Park, unless identified in the Bidwell Park Master Management Plan.
(Ord. 1956 §1 (part), Ord. 2521 §2)
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