TITLE 14
DEVELOPMENT IMPACT FEES
Chapter 14.04   Impact Fees for Public Facilities and Services.
Chapter 14.04 Impact Fees for Public Facilities and Services
   14.04.010   Purpose and Authority.
   14.04.020   No Mandatory Duty of Care.
   14.04.030   Establishing Development Impact Fees.
   14.04.040   Collection of Development Impact Fees.
   14.05.050   Reduced Impact Fees for Second Residential Units.
14.04.010 Purpose and authority.
   The purpose of this chapter is relating to development impact fees for public facilities and services within the city to make them applicable in all parts of the city. The City Council enacts this chapter pursuant to the authority granted cities by Article XI, Section 7 of the California Constitution. 
(Ord. 744 (part), 2005)
14.04.020 No mandatory duty of care.
   This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. 
(Ord. 744 (part), 2005)
14.04.030 Establishing development impact fees.
   A.   New development in the city shall be required to pay their fair share of capital improvements needed as a result of the projected growth. Further, that the capital improvement cost for new growth is determined in the city Development Impact Fee Study.
   B.   The city finds that it is necessary that its development impact fee for capital improvements go into effect immediately in order that all properties in the city pay their fair share of the cost associated with the improvements. Immediate implementation of these fees is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various improvements therefore resulting in failure to the existing infrastructure. The city finds that the prospect fo a revenue shortfall and failure of infrastructure continues a current, immediate threat to the public health, welfare and safety, which justifies the immediate imposition of these fees.
   C.   Development impact fees, collection, distribution, and collection fees shall be increased by 0.05% (one-half percent) annually, on or before July 1, utilizing Table 1, below in Section 14.04.050A.1, by resolution of the City Council.
   D.   The amount of the development impact fees shall be collected at issuance of the building permit and shall apply to all new construction within the city.
   E.   The city shall calculate the equivalent fee amount for non-residential uses, based on the single-family, residential rate, prior to issuance of a building permit. (Ord. 831-2017 (part), 2017; Ord. 749, 2005; Ord. 747, 2005)
14.04.040  Collection of development impact fees.
   A change in use of a parcel of property shall constitute new development for purposes of requiring the payment of development impact fees.  Such fees shall be calculated based upon the new use of the property and shall be paid prior to the issuance of a building permit (to include a building permit for any existing structures on the property). 
(Ord. 777, 2008)
14.04.050  Reduced impact fees for second residential units.
   A.   Conversion of existing accessory structures to second residential units.
      1.   Development impact fees are reduced as shown in the following Table 1:
 
Table 1: Reduced Development Impact Fee for the Conversion of Existing Accessory     Structures to Habitable Space to Create Second Residential Units
Description
Development Impact Fee (2017)
Reduced Fee Second Units
750 SF or Less
Collection/ Distribution
(No reduction)
Connection (No reduction)
Sewer
$10,970.00
$1,645.00 (15%)
$1,750.00
$1,850.00
Water
$2,325.00
$348.75 (15%)
$746.01
$1,955.54
Electric
$998.00
(Up to 200A)
$499.00 (50%)
$900.00
$900.00
Fire
$1,601.00
$1,601.00 (100%)
Police
$119.00
$119.00 (100%)
Parks & Recreation
$3,659.00
$548.85 (15%)
Streets & Roads
$1,461.00
$730.50 (50%)
(Adopted November 20, 2017, Effective date December 20, 2017)
The reduced fees will be adjusted each year in accordance with Section 14.04.030C, Establishing development impact fees, above. Amendment of the fees shall be by resolution of the City Council.
      2.   Conversion of existing structures connected to utility services at the primary residence may pay development impact fees for Fire, Police, Parks & Recreation. If services are separated at the time of conversion or at a future date, the impact fees shall be paid for the sewer, water, and electric utilities.
   B.   Construction of new second residential units.
      1.   Development impact fees for the construction of new second residential units up to and including 750 square feet shall be reduced in accordance with Table 1 above.
      2.   Development impact fees shall not be allowed to be reduced for the construction of new second residential units over 750 square feet to the allowed maximum of 1,200 square feet.
      3.   New construction of second units 750 square feet or less, with sewer, water, and electrical services connected at the primary residence, may pay development impact fees for Fire, Police, Parks & Recreation. If services are separated at a future date, the impact fees shall be paid for the sewer, water, and electric utilities at the current adopted rate.
      4.   New construction of second units 751 square feet or more up to 1,200 square feet shall pay all development impact fees at the currently adopted rate.  (Ord. 831-2017 (part), 2017)