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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)
(A) The Community Development Director is authorized to credit development fees imposed under this chapter in consideration for certain on-site and off-site facilities and improvements constructed or paid for by the developer. A developer is entitled to credit of the improvements in an amount not to exceed the amount of the applicable capital facilities fee if the improvement is identified by the city as a priority project to be funded within the four-year period immediately following the completion of the facility and the developer (1) dedicates an appropriate site, (2) constructs the improvements, (3) finances an improvement by cash, assessment district, or Mello-Roos Community Facilities District, or (4) a combination of the above.
(B) A decision regarding a fee credit is appealable under § 10-8.19.
(Ord. 754 C.S., passed 6-18-03)
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