3.85.330 Exemptions from transportation facility fees.

   Notwithstanding any provisions of this chapter to the contrary, a transportation facility fee shall not be assessed and levied upon the owner of property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

   A.   The reconstruction of a building or structure located on the property which was damaged or destroyed by fire or other casualty, provided that any reconstructed residential building does not contain any additional dwelling units and provided that any reconstructed nonresidential building or structure does not contain any additional area within the reconstructed building or structure; or

   B.   The reconstruction of a building or structure voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, and provided further that any reconstructed residential building does not contain any additional dwelling units and provided that any reconstructed nonresidential building or structure does not contain any additional area within the reconstructed building or structure; or

   C.   The construction of, expansion of or addition to a publicly owned building or structure, or the commencement of the use of a building or structure for public purposes; provided, however, that where the city constructs, expands or adds to a city- owned building or structure, the city council shall consider the need for any additional street facility improvements caused by such building or structure, and, where appropriate, shall construct and install or fund the construction and installation of such street facility improvements.

(Ord. 1956 §1 (part), Ord. 2000 §1, Ord. 2391)

3.85.335 Payment of transportation facility fees.

   The transportation facility fees assessed and levied pursuant to the provisions of this chapter shall be due and payable as follows:

   A.   Where a transportation facility fee is assessed and levied upon the owner of property located within the city at the time of the construction of a new building or structure on such property or at the time an alteration or addition is made to an existing building or structure on such property, such fee will be due and payable prior to the issuance of a building permit for such new building or structure, or alteration or addition to such existing building or structure. For purposes of updates and new fees going into effect, the fees due are those that are in effect at the time in which building plans are submitted. For projects that require a planning entitlement, building plans are able to be submitted after a project approval that has successfully cleared any appeal processes;

   B.   Where a transportation facility fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon which does not require a building permit, such fee will be due and payable prior to the issuance of a certificate of occupancy for such changed or expanded use;

   C.   Where a transportation facility fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon which requires neither a building permit nor a certificate of occupancy, then such fee will be due and payable prior to the commencement of the changed or expanded use.

(Ord. 1956 §1 (part), Ord. 2521 §11)

3.85.340 Deferral of transportation facility fees.

   The transportation facility fee assessed and levied pursuant to the provisions of this chapter upon the owner of property located within the city incident to the construction of a new building or structure on such property, or incident to the construction of alterations or additions to an existing building or structure on the property, may be deferred by the owner of the property under the following circumstances:

   A.   Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used solely for single-family residential purposes, payment of such transportation facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date 1 year from the issuance of such building permit, or the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

      1.   Entered into an agreement with the city undertaking to pay such deferred transportation facility fee at the time and in the manner provided for by this subsection, which agreement shall be in a form approved by the city attorney and recorded against the property, or provided a letter of credit from a lending institution, in a form approved by the city attorney, which guarantees payment of such deferred fees at the time and in the manner provided for by this subsection; and

      2.   Paid to the city an additional fee in the amount equal to 2% of the deferred transportation facility fee as and for the administrative costs to be incurred by the city by reason of such fee deferral;

   B.   Where the owner of the property is constructing a new building or structure on the property, or constructing alterations or additions to an existing building or structure on the property which is or will be used for multifamily residential purposes or for a nonresidential purpose, payment of such transportation facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to a date 1 year from the issuance of such building permit, or the date of the issuance of a certificate of occupancy for the building or structure on which the construction work is being performed, whichever first occurs; provided, that the owner of the property, at the time of issuance of the building permit, has:

      1.   Entered into an agreement with the city undertaking to pay such deferred transportation facility fee at the time and in the manner provided by this subsection, which agreement shall be in a form approved by the city attorney, and

      2.   Executed a deed of trust securing performance of the property owner's duties and obligations under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust, and

      3.   Paid to the city an additional fee in an amount equal to 2% of the deferred transportation facility fee as and for the administrative costs to be incurred by the city by reason of such fee deferral;

   C.   Where the owner of the property is constructing a new building on the property, or is constructing alterations or additions to an existing building on the property which is or will be used for single- or multiple-family residences occupied by "persons and families of low or moderate income" as defined by Section 50093 of the Health and Safety Code, and the entire amount of such transportation facility fee will be financed by a loan made to the owner or developer of the property by the city, payment of the transportation facility fee may be deferred by the owner of the property from the date of the issuance of a building permit for such construction work to the date of the issuance of a certificate of occupancy for the building on which the construction work is being performed.

(Ord. 1956 §1 (part), Ord. 2112 §1, Ord. 2521 §12)

3.85.345 Disposition of transportation facility fee revenues.

   A.   Disposition of Revenues from Street Facility Improvement Fees. All revenues from the street facility improvement fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the city's street facility improvement fund and thereafter used solely for the purpose of constructing and installing the street facility improvements for which the fees were imposed and/or for the purpose of reimbursing developers for the cost of constructing street facilities in the manner for which the fees were imposed hereinafter provided by this chapter.

   B.   Disposition of Revenues from Street Maintenance Equipment Fees. All revenues received by the city from the street maintenance equipment fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the city's street maintenance equipment or facilities fund and used solely for the purpose of acquiring the street maintenance equipment or facilities for which the fees were imposed.

   C.   Disposition of Revenues from Bikeway Improvement Fees. All revenues received by the city from the bikeway improvement fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the city's bikeway improvement fund and shall be used solely for the purpose of constructing and installing the bikeway improvements for which the fees were imposed.

(Ord. 1956 §1 (part), Ord. 2521 §13)

ARTICLE IV. STORM DRAINAGE FACILITY FEES