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(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)
Fee revenues collected shall be placed in a particular account and may only be used to fund the projects of that account as identified in the Appendix of the Technical Report, as from time to time amended and to fund the city's administrative costs incurred in collecting depositing, distributing and otherwise administering such fee revenues and updating the Technical Report.
(Ord. 754 C.S., passed 6-18-03)
The capital facilities fee revenues and all interest earned on deposited fee revenues shall be used only to:
(A) Fund new development's share of the costs of the construction or installation of the capital facilities and improvements identified in the Technical Report as funds are available in the required accounts or to reimburse the city for such construction or installation if funds were advanced by the city from other sources to pay new development's share of such costs; or
(B) Fund reimbursement, under the terms set forth in § 10-8.12; or
(C) Fund loans or transfers made in conformance with Government Code § 66006(b)(1)(G).
(Ord. 754 C.S., passed 6-18-03)
(A) As may be authorized by resolution of the City Council, following review and written report from city staff, capital facilities fee revenues may be used to reimburse a developer, upon his or her written request, under this section. A developer must obtain Council approval for reimbursement, by resolution, before any offer of dedication and before any construction begins for a public improvement, which may be the subject of a reimbursement request. Reimbursement shall only be approved by the City Council where all of the following four conditions are satisfied:
(1) Developer has been required or permitted to install and dedicate a public facility identified in the Technical Report which is oversized (including supplemental size, length or capacity) beyond that which can be attributed to the specific development installing the same;
(2) The facility for which reimbursement is sought is identified by the city as a priority project to be funded within the four-year period immediately following the completion of the facility;
(3) Revenues within the particular CFF account funding the facility are available; and
(4) The sum value of the facility(ies) constructed, based on the most current estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost), exceeds the total capital facilities fee liability of the specific development installing the facility.
(B) Reimbursements shall not be authorized if the value of the constructed and dedicated improvement is below the total capital facilities fee liability of the project. Reimbursements for oversizing shall not be available as fee credits against a development's fee liability, except as provided in § 10-8.13.
(C) Reimbursements for oversizing shall include appropriate financing charges (interest) which shall be based upon the rate at which the city can borrow money at the time the reimbursement is approved by the City Council. Financing charges included in any reimbursement payments to a developer or property owner shall not exceed this interest rate, as calculated by the city's Finance Director.
(D) In the case of City Council approval of reimbursement, the reimbursement amount will be based on the most current estimate of the infrastructure item, as defined by annual cost review, other recent evaluation of cost, or actual costs as determined by the director.
(Ord. 754 C.S., passed 6-18-03)
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