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Pinole Overview
Pinole, CA Municipal Code
PINOLE, CA MUNICIPAL CODE
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS LICENSES AND REGULATIONS*
Title 6 ANIMALS
Title 7 (RESERVED)
Title 8 HEALTH AND SAFETY*
Title 9 PUBLIC PEACE, MORALS AND WELFARE*
Title 10 VEHICLES AND TRAFFIC
Title 11 (RESERVED)
Title 12 STREETS AND SIDEWALKS
Title 13 PUBLIC SERVICES
Title 14 (RESERVED)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISIONS*
Title 17 ZONING CODE
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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3.20.090 DEVELOPMENT IMPACT FEES.
3.20.091 DEFINITIONS.
   Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter:
   A.   DEVELOPMENT PERMIT. Any zoning entitlement permit or approval from the city, including, but not limited to, a general plan amendment, zoning or re-zoning of property, a conditional use permit, subdivision map, design review application, building permit or other permit for construction, reconstruction or remodeling. DEVELOPMENT PERMIT also includes permits for the erection of manufactured housing or structures and structures moved into the city.
   B.   INITIAL EFFECTIVE DATE. September 19, 1984.
   C.   NEW DEVELOPMENT OR DEVELOPMENT PROJECT. Any development requiring a development or construction permit.
   D.   PUBLIC FACILITIES. Includes public improvements, public services and community amenities.
   E.   SECTION or THIS SECTION. Shall mean Section 3.20.090 of the city of Pinole municipal code. (Ord. 2008-03 § 2 (part), 2008)
3.20.092 PURPOSE AND APPLICABILITY OF SECTION.
   A.   The city council declares the purpose of this section is to provide for the orderly, fair and fiscally sound development of property located with in the city of Pinole in order to promote the health, safety and welfare of the residents of Pinole and to comply with the provisions of Government Code Section 66000, et seq. or any applicable successor statutes.
   B.   The impact fee program established by this section and any subsequently adopted development impact fees shall apply to all new development or development projects as defined in Chapter 3.20 of this code, with the following exceptions:
      1.   Development projects for which a final map, as described in Title 16 of the Pinole Municipal Code, or any successor code section or ordinance of the city, has been duly approved by the City Council and recorded as of the effective date of this chapter, provided the project is built in conformance with the final map and pays all applicable development impact fees previously imposed.
      2.   Government/public buildings, public schools, or other public facilities.
      3.   Alteration, remodeling, rehabilitation and/or reconstruction of, or additions to, any existing legal residential structure where no additional dwelling units are created and/or the use is not changed. Any change in use or increase in the number of dwelling units shall pay the current applicable development impact fees for such use or increase.
      4.   Alteration, remodeling, rehabilitation and/or reconstruction of any existing legal non-residential structure where there is no net increase in square footage of the structure and/or the use is not changed. Any change in use or increase in square footage of the structure shall pay the current applicable development impact fees for such use or increase.
      5.   Development projects that are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq. prior to the initial effective date of this section, wherein the imposition of new fees is expressly prohibited; provided, however, if the term of such development agreement is extended after the initial effective date of this section, the development impact fees shall be imposed.
      6.   Disposition and development agreements "DDA's" entered into prior to the effective date of this section, unless the specific provisions of such a DDA provide for or permit the imposition of impact fees that may be later established by the city.
      7.   Development projects with an approved tentative subdivision maps(s) or recorded lots that are vested pursuant to Government Code Sections 66498.1 through 66498.9 or other applicable laws vesting the development project and affecting the collection of development impact fees.
      8.   Development projects where a building permit has been obtained prior to the effective date of this section. (Ord. 2008-03 § 2 (part), 2008)
3.20.093 DEVELOPMENT IMPACT FEES ESTABLISHED.
   A.   Except as provided in Section 3.20.092, a development impact fee (the "DIF") is hereby established to be imposed on all new development or development projects for which a development permit is issued on or after the effective date of this section. The DIF is hereby established for the following categories of public facilities:
      1.   Police facilities.
      2.   Fire protection facilities.
      3.   Parks and recreation facilities.
      4.   Wastewater facilities.
      5.   Public facilities and equipment.
      6.   Traffic facilities.
      7.   Drainage facilities.
   C.   The DIF is hereinafter referred to collectively as the “impact fees” or the “fees.”
   D.   By resolution, the City Council may modify or amend the categories of public facilities funded by impact fees, as well as the and the specific infrastructure projects identified within each category to maintain compliance with the city's general plan, zoning code, capital improvement plan, or any master facilities plan(s) subsequently adopted by the city. The procedures specified in Government Code Sections 66000 et seq., or any applicable successor statutes, shall be observed prior to the adoption of such resolution. (Ord. 2008-03 § 2 (part), 2008)
3.20.094 LAND USE UTILIZED TO COMPUTE FEE.
   A.   New development or development projects shall be classified into one (1) of the following types of uses, and shall pay the impact fee pursuant to that classification, as determined by the City Manager or his/her duly authorized designee:
      1.   Single family residential.
      2.   Multi-family residential.
      3.   Commercial/retail.
      4.   Industrial.
      5.   Office.
   B.   The impact fees due hereunder shall be determined and calculated by the City Manager or his/her duly authorized designee in accordance with the development impact fee schedule adopted pursuant to Section 3.20.093.
   C.   Parks and recreation impact fee waiver. All parcels for which a Quimby Act fee was previously paid are exempt from paying the parks and recreation portion of the impact fees.
   D.   If a single project or building contains more than one (1) of the types of specified uses (a mixed use), the impact fee shall be determined by applying to each use type the applicable fee for that individual use. (Ord. 2008-03 § 2 (part), 2008).
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