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

3.85.405 Imposition of storm drainage fees.

   A.   Residential Property. A storm drainage fee shall be assessed and levied upon the owner of residential property located within the city, including any public agency owning residential property located within the city, at any time the owner of such property:

      1.   Commences to use the property for residential purposes by constructing a building on the property containing one or more dwelling units;

      2.   Expands an existing residential use on the property either by expanding the area of the property devoted to such existing residential use or by constructing alterations or additions to an existing building on the property which adds one or more dwelling units to such building; or

      3.   Changes the use of the property from a previous nonresidential use to a residential use.

   B.   Nonresidential Property. A storm drainage facility fee shall be assessed and levied upon the owner of nonresidential property located within the city, including any public agency owning nonresidential property located within the city, at any time the owner of such property:

      1.   Commences to use the property for a nonresidential purpose by devoting all or any part of the property to a nonresidential use;

      2.   Expands an existing nonresidential use of the property by expanding the area of the property devoted to such existing nonresidential use; or

      3.   Changes the use of the property from a previous residential use to a nonresidential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code.

   C.   Mixed Used Projects. A transportation facility fee, consisting of a street facility improvement fee, a street maintenance equipment fee and a bikeway improvement fee shall be assessed and levied upon the owners of a mixed use project, however, the mixed uses may be divided into separate fee categories (e.g. residential, non-residential) based on varying uses by building story (vertical) or reasonable separation on the same level (horizontal), so long as the different uses do not support the higher intensity use. Supporting uses will be considered as part of the more intense use for fee category determination. Subsequent changes in use may require payment of fees to account for a more intense use.

(Ord. 1956 §1 (part), Ord. 2521 §15)

3.85.407 Definitions

   As used in this chapter, the term “storm drainage facility” shall mean all facilities associated with and including pipes greater than 18 inches in diameter, water quality facilities, peak attenuation facilities, collector and outfall facilities, channel stabilization projects, and the design and data collection program which are developed for the purpose of transmitting storm water to a natural stream or public drainage channel.

(Ord. 2235 §1 (part))

3.85.410 Basis of storm drainage facility fees.

   The storm drainage facility fee assessed and levied on the owner of residential or nonresidential property at the time the owner of such property commences to use the property for a residential or nonresidential use, expands an existing residential or nonresidential use of the property, or changes the use of the property to a different use shall be based on the kind of residential or nonresidential development occurring on the property and the acreage or fraction of an acre of the property devoted to the residential or nonresidential use, devoted to the expanded residential or nonresidential use, or devoted to the changed use.

(Ord. 1956 §1 (part))

3.85.415 Establishing the amount of storm drainage facility fees.

   A.   Refer to the adopted Development Impact Fee schedule in place for both residential and non-residential uses.

(Ord. 1956 §1 (part), Ord. 2521 §16)

3.85.420 Annual adjustment to storm drainage facility fees.

   If, on July first following the city council's adoption of a resolution establishing the amount of the storm drainage facility fee to be assessed and levied pursuant to the provisions of this chapter, or on July first of any year thereafter, there has been an increase in the cost of constructing and installing storm drainage facilities within the city, the city manager, without any further action by the city council, shall increase the storm drainage facility fee and, where appropriate, the storm drainage facility fee credits hereinafter provided for in this chapter in an amount proportional to the increase in such costs. The determination of whether there has been an increase in the cost of constructing and installing storm drainage facilities and the amount of the increase in the storm drainage facility fee and storm drainage facility fee credits which is proportional to the increase in such costs shall be made by the city manager and shall be based exclusively on the net percentage increase during the preceding year, as published in the Caltrans Highway Construction cost index. The index used shall be a rolling three (3) year average, or prior twelve (12) quarters index average.

(Ord. 1956 §1 (part), Ord. 2521 §17)