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This chapter applies to development impact fees charged as a condition of development to defray the cost of public facilities, improvements and amenities. The cost of developing and administering the city's development impact fee program may be included as a component of the established fees. This chapter is not intended to and does not apply to regulatory and processing fees; fees required under a development agreement; special development impact fees adopted in conjunction with specific plans; funds collected under a reimbursement agreement; or assessment district proceedings, assessments or taxes.
(Ord. 754 C.S., passed 6-18-03)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITAL FACILITIES FEE OR CFF. The fee established pursuant to this chapter.
CAPITAL FACILITY OR CAPITAL IMPROVEMENT. Public facilities as defined in subsection (d) of § 66000 of the Government Code, including, but not limited to, improvements for transportation and transit facilities, parks and recreation facilities, public safety facilities, sewer, water, storm drainage and such other facilities as may be identified in the Master Facility Plans or in the Technical Report.
CITY. The city including its future boundaries.
COMMERCIAL DEVELOPMENT OR COMMERCIAL. Retail, office, and hotel buildings.
DEVELOPER. The person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the city.
DIRECTOR OR COMMUNITY DEVELOPMENT DIRECTOR. The Director of the Department of Community Development of the city or his or her designee.
INDUSTRIAL DEVELOPMENT. Warehouse, industrial, manufacturing and research and development (R&D) buildings.
MULTI-FAMILY DWELLING. Any building or portion thereof which is occupied, or intended for occupancy, as the same residence of two or more families living independently of each other and doing their own cooking in such building, including, but not limited to, duplexes, triplexes, fourplexes, apartments, flats, condominiums and townhouses. MULTI-FAMILY DWELLING also includes secondary dwelling units constructed within the R 6000, single-family residential district.
SINGLE-FAMILY DWELLING. An attached or detached single-family residential dwelling occupied or intended for occupancy by one household.
TECHNICAL REPORT. The report dated April 2003, entitled "Madera Impact Fee Update," prepared by Economic and Planning Systems, and any future Council approved amendments to it.
(Ord. 754 C.S., passed 6-18-03)
(A) General. The amount and the calculation of the capital facilities fee shall be established by City Council resolution and is based upon the following considerations:
(1) Each type of development will pay only for construction of those public facilities where there is a reasonable relationship between the facilities funded and the capital facility needs created by the new development.
(2) Each type of development shall contribute to the funding of the needed facilities in proportion to the need for the facilities created by that type of development.
(B) Type of development.
(1) The categories of land uses for which the fee will be charged are:
(a) Single-family dwelling;
(b) Multi-family dwelling;
(c) Commercial development; and
(d) Industrial development.
(2) The fee is based on the estimated level of public services needed, generated by and used by each category of use.
(C) Fee unit.
(1) Residential. A specific CFF amount, established for each residential density type in this chapter, shall be charged for each new dwelling unit.
(2) Commercial and industrial. A specific CFF amount, established for each commercial and industrial development, shall be charged for each square foot of commercial and industrial development, respectively.
(D) Capital facilities improvements. The fee shall be based on the percentage of the cost of the capital facilities improvements attributable to new residential, industrial and commercial development as determined in the Technical Report. The improvements included in the total cost are set forth in that report and do not and shall not include the costs of improvements needed to alleviate existing deficiencies in the city's capital facilities, if any exist.
(E) Amount of fee—formula.
(1) The amount of the fee shall be established by resolution and may be amended from time to time. The fee shall be determined as follows:
(a) Estimate total capital facilities costs attributable to each type of new commercial, industrial and residential development;
(b) Divide the cost attributable to new single-family development by the total number of new single-family dwelling units expected under build out of the city's General Plan. The result is the capital facilities fee to be charged on the development of each new single-family dwelling unit in the city.
(c) Divide the cost attributable to new multi-family development by the total, number of new multi-family dwelling units expected under build out of the city's General Plan. The result is the capital facilities fee to be charged on the development of each new multi-family dwelling unit in the city.
(d) Divide the cost attributable to new commercial development by the total number of new commercial square feet expected under build out of the city's General Plan. The result is the CFF to be charged on the development of each new square foot of commercial development in the city.
(e) Divide the cost attributable to new industrial development by the total number of new industrial square feet expected under build out of the city's General Plan. The result is the CFF to be charged on the development of each new square foot of industrial development in the city.
(2) Fee estimates are included in the Technical Report and shall be updated periodically to reflect changes in construction costs, development schedules, availability of other funds and other factors.
(Ord. 754 C.S., passed 6-18-03)
The capital facilities fee, in an amount to be determined by resolution of the City Council, is applicable to the construction of new residential units and to the construction of new commercial and industrial development as set forth in this chapter.
(Ord. 754 C.S., passed 6-18-03)
The following activities and actions are exempt from the requirement to pay the capital facilities fee:
(A) No fee is due if a capital facilities fee was previously paid in full for a particular property and use;
(B) No capital facilities fee shall be charged for remodeling or for an addition to an existing residential unit; and
(C) No fee shall be charged for demolition of an existing residential structure and the building of a new residential structure on the same site, provided the demolished structure was in use as a residential dwelling within ten years before the issuance of a building permit for the new residential structure.
There are no other exemptions to the capital facilities fee.
(Ord. 754 C.S., passed 6-18-03; Am. Ord. 870 C.S., passed 5-19-10; Am. Ord. 908 C.S., passed 9-18-13)
At the time of approval of a project or at the time of the imposition of the fees, the city shall provide to the project applicant a statement of:
(A) The amount of the fee and the public improvement that the fee will be used to finance (Government Code § 66006(f)); and
(B) Notification that the 90-day approval period in which the applicant may protest has begun (Government Code § 66020(d)).
(Ord. 754 C.S., passed 6-18-03)
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