Sections:
Article I . Common Administrative Provisions
18.56.105 Purpose.
18.56.110 General definitions.
18.56.115 Proceedings to set the initial amount of a fee and to increase a fee.
18.56.120 Automatic annual adjustment of fees.
18.56.125 Imposition of fees.
18.56.130 Computation of fee amount for each development project.
18.56.135 Time for payment of fees.
18.56.140 Disposition of unexpended or unappropriated fee revenues.
18.56.145 Other fee and dedication requirements.
18.56.150 Annual reports and review of fees.
18.56.155 Protest of fee; Appeal.
18.56.160 Mitigation Fee Act.
18.56.165 Legal Challenge.
18.56.170 Severability.
Article II . Park Impact Fee
18.56.210 Definitions.
18.56.220 Park impact fee and imposition.
18.56.230 Park infrastructure fund; use of fee revenues.
18.56.240 Credits and reimbursements.
18.56.250 Conflict with other provisions.
Article III . Citywide Transportation Development Impact Fee
18.56.310 Definitions.
18.56.320 Transportation development impact fee and imposition.
18.56.330 Transportation development impact fund; use of fee revenues.
18.56.340 Imposition of fees.
18.56.350 Conflict with other provisions.
Article IV . Housing Trust Fund Fee
18.56.410 Definitions.
18.56.420 Housing trust fund fee.
18.56.430 Housing trust fund; use of fee revenues.
18.56.440 Exemptions.
18.56.450 Special fee determinations.
18.56.460 Option to construct dwelling units.
18.56.470 Conflict with other provisions.
Article V . 65th Street Area Impact Fee
18.56.510 Definitions.
18.56.520 65th Street area impact fee and imposition.
18.56.530 Establishment of 65th Street area infrastructure fund; use of fee revenues.
18.56.540 Credits and reimbursements.
18.56.550 Conflict with other provisions.
Article VI . River District Impact Fee
18.56.610 Definitions.
18.56.620 River District impact fee and imposition.
18.56.630 River District infrastructure fund; use of fee revenues.
18.56.640 Credits and reimbursements.
18.56.650 Conflict with other provisions.
18.56.660 Inapplicability of former subarea fees.
Article VII . Jacinto Creek Impact Fee
18.56.710 Definitions.
18.56.720 Jacinto Creek impact fee and imposition.
18.56.730 Jacinto Creek infrastructure fund; use of fee revenues.
18.56.740 Credits and reimbursements.
18.56.750 Conflict with other provisions.
Article VIII . Central City Impact Fee
18.56.810 Definitions.
18.56.820 Central City impact fee and imposition.
18.56.830 Exemption for accessory dwelling units.
18.56.840 Establishment of Central City infrastructure fund; use of fee revenues.
18.56.850 Credits and reimbursements.
18.56.860 Conflict with other provisions.
18.56.870 Inapplicability of former subarea fees.
Article IX . Railyards Impact Fee
18.56.910 Definitions.
18.56.920 Railyards impact fee and imposition.
18.56.930 Establishment of Railyards infrastructure fund; use of fee revenues.
18.56.940 Credits and reimbursements.
18.56.950 Conflict with other provisions.
Article X . Delta Shores Impact Fee
18.56.1010 Definitions.
18.56.1020 Delta Shores impact fee and imposition.
18.56.1030 Establishment of Delta Shores infrastructure fund; use of fee revenues.
18.56.1040 Time of payment of Stone Boswell sub-area regional infrastructure component of the fee.
18.56.1050 Credits and reimbursements.
18.56.1060 Conflict with other provisions.
Article XI . Panhandle Impact Fee
18.56.1110 Definitions.
18.56.1120 Panhandle impact fee and imposition.
18.56.1130 Establishment of Panhandle infrastructure fund; use of fee revenues.
18.56.1140 Credits and reimbursements.
18.56.1150 Conflict with other provisions.
A. This chapter is adopted under the general powers reserved to the city by the city charter. Its purpose is to authorize certain development impact fees, as described in various finance plans or nexus studies, to be imposed upon development projects to provide some or all of the funds required to design, construct, install, and acquire public infrastructure, or to utilize capacity within existing infrastructure, that meets the needs of the projected development and addresses its impacts. This article sets out provisions that are common to each development impact fee, except as otherwise provided in subsequent articles specific to each fee.
B. This chapter is intended to:
1. Protect and promote the public health, safety, and welfare by constructing, installing, and acquiring the public infrastructure necessitated by development; and
2. Allow development on the condition that the persons that undertake development projects pay the costs of the public infrastructure so that those costs do not become a responsibility of the city. (Ord. 2017-0010 § 1)
The following definitions apply in this chapter:
"Ancillary use" means a use that is supportive of the primary activities or operations of a primary use, which would not exist absent the primary use.
"City manager" means city manager or designee.
"Commercial building area" means the gross area of a building or structure with designated uses other than a residential use.
"Conditioned area" means the area in a dwelling unit that is either directly or indirectly provided with heat in compliance with the California Building Code.
"Development" has the same meaning as defined in chapter 17.108.
"Development credit" means a credit against fees as compensation for landowner construction or funding of infrastructure, provided in individual finance plans or nexus studies adopted pursuant to this chapter.
"Development project" means any project undertaken for the purpose of development but does not include projects undertaken by or for public agencies, including public schools and public parks.
"Dwelling unit" has the same meaning as defined in chapter 17.108.
"Existing building or structure" means a building or structure in existence at the time of imposition of the fee or a building or structure demolished not more than three years prior to the imposition of a fee.
"Fee" means a monetary exaction established, imposed, and collected under this chapter to finance the design, construction, installation, and acquisition of public infrastructure or to recover the costs of capacity in existing public infrastructure.
"Finance plan" means a written plan approved by resolution of the city council that establishes the strategy for financing the infrastructure required to serve a development project and that includes a nexus study as a separate or incorporated report.
"Finance plan area" means the geographical area that is identified in, and is subject to, a finance plan or preparation of an area for future development.
"Infrastructure" means the public facilities and public improvements as eligible for financing with fees.
"Infrastructure fund" means a fund established as required by the Mitigation Fee Act or any other fund established in this chapter to hold fees collected and any interest earned on the fees. When an infrastructure fund is established under this chapter, it shall, as applicable, be deemed a continuation of any previously established similar fund.
"Mitigation Fee Act" means chapter 5 (sections 66000 through 66025) of division 1 in title 7 of the California Government Code.
"Nexus study" means a report that satisfies the requirements of California Government Code section 66001(a). The nexus study may be a stand-alone report or incorporated as part of a finance plan.
"Primary use" means the principal functions of a building or structure.
"Recordable map" means a map that has satisfied all the requirements for recordation with the county recorder except for payment of fees.
"Residential building area" means the conditioned areas within a dwelling unit. (Ord. 2017-0010 § 1)
Loading...