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HomeMy WebLinkAboutOrd 18301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1830 ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 25.80 TO ESTABLISH PUBLIC FACILITIES IMPACT FEES FOR DEVELOPMENT PROJECTS IN THE CITY The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. a. The City undertook a comprehensive study of the impacts that development projects have on the City and its citizens. The City found that development projects create impacts on a variety of City services and facilities, and these impacts can be addressed in part by the imposition of predictable impact fees when the projects are ready to proceed with construction. b. In order to implement the goals and objectives of the Burlingame General Plan and Specific Plans and to mitigate impacts caused by new development within the City, public facilities impact fees are necessary. The fees are needed to finance public facilities and to assure that each new development pays its fair share for these improvements. c. Government Code section 66000 et seq. (the Mitigation Fee Act) provides that public facilities fees may be enacted and imposed on development projects. The City Council finds and determines that: 1. New development projects cause the need for acquisition, construction, expansion, and improvement of public facilities within the City of Burlingame and should bear a proportionate share of meeting those needs. 2. Funds for construction, expansion, or improvement of public facilities are not available to accommodate all of the needs caused by new development projects, which results in inadequate public facilities within the City of Burlingame. c. The City Council finds that the public health, safety, peace, convenience, comfort, prosperity and general welfare of all City residents, will be promoted by the adoption of public facilities impact fees for the construction, expansion, or improvement of public facilities. d. Failure to enact public facilities impact fees will subject all City residents to 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conditions that adversely affect their health, safety and welfare. 3. It is intended that these funds may be used to pay for acquisition of land and facilities, construction of new or additions to public facilities, and expansion of public services, materials, and infrastructure. 4. The fees authorized by this ordinance are based upon the costs incrementally generated by the need for new facilities and other capital acquisition expenses by new development projects, and do not exceed the reasonable costs of providing those additional public facilities costs caused by new development projects in the City. 5. It is further intended that this fee process will provide developers with reasonable certainty in creating new development project concepts. Section 2. A new Chapter 25.80 is added to read as follows: Chapter 25.80 PUBLIC FACILITIES IMPACT FEES Sections: 25.80.010 Definitions. 25.80.020 Collection of Public Facilities Fees. 25.80.030 Conditions for Collection. 25.80.040 Conditions for Reimbursement. 25.80.050 Fee Payment. 25.80.060 Public Facilities Impact Fee Account. 25.80.070 Natural Disaster Fee Exemption. 25.80.080 Capital Improvement Plan. 25.80.090 Procedure for Adoption of Fees. 25.80.100 Fee Adjustments or Waiver. 125.80.010 Definitions. Words, when used in this chapter and in resolutions adopted thereunder, shall have the following meanings: (a) "Development permit" means any building permit, electrical permit, plumbing permit, demolition permit, moving permit, or any other permit required by this code for issuance before construction, reconstruction, remodeling, moving structures or any similar activity can be lawfully undertaken on a parcel of property in the city. OA 21 M 4 5 6 7 ll 12 13 14 15 16 17 18 19 20 21, 22 23 24 25 26 27 28 (b) "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (c) "Fee" means a money exaction, other than a tax or special assessment, which is charged by the city to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development proj ect. (d) "Public facility" includes public improvements, public services, and community amenities. 25.80.020 Collection of Public Facilities Impact Fees. Except as otherwise provided in this chapter, public facilities impact fees shall be paid pursuant to this chapter before the issuance of any development permit. 25.80.030 Conditions for Collection. (a) The following public facilities impact fees are established and imposed on the issuance of development permits within the city as determined by resolution of the city council: (1) General facilities and equipment. A development fee is established for general facilities and equipment. (2) Libraries. A development fee is established for library facilities, equipment, and materials. (3) Police. A development fee is established for police facilities and equipment. (4) Parks and recreation. A development fee is established for parks and recreation facilities and equipment. (5) Streets and traffic. A development fee is established for street sand traffic facilities and equipment. (6) Fire. A development fee is established for fire facilities and equipment. (7) Storm drainage. A development fee is established for storm drainage facilities and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 equipment. (b) In establishing and imposing the schedule and application of the public facilities impact fees by resolution, the city council will do the following: (1) Identify the purpose of the fee; (2) Identify the use to which the fee is to be put; (3) Determine how there is a reasonable relationship between the fees used and the type of development on which the fee is imposed; and (4) Determine that there is a reasonable relationship between the need for the public facility and the impacts caused by the type of development project on which the fee is imposed. 1 25.80.035 Deposit of Fees. (a) Upon receipt of a fee subject to this chapter, the city shall deposit, invest, account for, and expend the fees pursuant to Government Code Section 66006. The city shall retain fee interest accrued and allocate it to the accounts for which the original fee was imposed. (b) Each fee collected pursuant to this chapter shall be deposited in a special fund created to hold the revenue generated by each such fee. Moneys within each such fund may be expended only by appropriation by the city council for specific projects which are of the same category as that for which the money was collected. In this regard, the following special funds are created and established for the purposes indicated: (1) A general facilities and equipment fund is established. The general facilities and equipment fund is a fund for payment of the actual or estimated costs of constructing and improving the general municipal facilities within the city, including any required acquisition of land. (2) A library facilities, materials, and equipment fund is established. The library facilities, material, and equipment fund is a fund for payment of the actual or estimated costs of library facilities, materials, and equipment, including any required acquisition of land. (3) A police facilities and equipment fund is established. The police facilities and equipment fund is a fund for payment of the actual or estimated costs of police facilities and M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 equipment, including any required acquisition of land. (4) A parks and recreation facilities and equipment fund is established. The parks and recreation facilities and equipment fund is a fund for the payment of the actual or estimated costs of parks and recreation facilities and equipment, including any required acquisition of land. (5) A streets and traffic facilities and equipment fund is established. The streets and traffic facilities and equipment fund is a fund for the payment of the actual or estimated costs of streets and traffic facilities and equipment, including any required acquisition of land. (6) A fire facilities and equipment fund is established. The fire facilities and equipment fund is a fund for payment of the actual or estimated costs of fire facilities and equipment, including any required acquisition of land. (7) A storm drainage facilities and equipment fund is established. The storm drainage facilities and equipment fund is a fund for payment of the actual or estimated costs of constructing and improving the storm drain facilities and for associated equipment, including any required acquisition of land. (c) The city manager shall provide a report on these funds to the city council no less than once a year in accordance with Government Code section 66006. 25.80.040 Computation of fee. (a) The uses in the development project approved by the city shall be utilized in the computation of fees required to be paid with respect to any property. If a parcel contains more than one use, then the applicable fees shall be prorated by square footage or dwelling units, as appropriate, attributable to each use. (b) The fees shall be based on the uses, the number of dwelling units, and the amount of square footage to be located on the property after completion of the development project. New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit offset if the existing development is a lawful use under this title, including a nonconforming use. (c) New development that will replace development that was partially or totally E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 destroyed by fire, flood, earthquake, mudslide, or other casualty or act of God, is entitled to a fee credit offset if the development that was partially or totally destroyed was a lawful use under this title, including a nonconforming use, at the time of the destruction. (d) All fees due under this chapter shall be determined and calculated by the director of community development or the director's designee. 25.80.070 Natural Disaster Fee Exemption. No fee adopted pursuant to this chapter shall be applied by the city to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster as declared by the governor of the state insofar as the reconstruction is substantially equivalent in size and use as defined under Government Code section 66011. 25.80.075 Exemption for Existing Buildings and Uses. I fees: (a) The following shall be exempted from payment of applicable public facilities impact (1) Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created and the use is not changed. (2) Alterations or renovations of an existing commercial or industrial building or structure where no expansion occurs and the use is not changed. (b) For purposes of this section: (1) "Expansion" shall be defined as any increase in the gross floor area of the existing building or structure. (2) "Change of use" shall be defined as a change or intensification of the use of a portion or all of a building or structure in such a way that additional parking is required by this title. 25.80.045 Fee Payment. (a) Fees shall be paid at or before the time of issuance of the first required development permit for a development project. However, if the development project is a residential project as rel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defined in Government Code subsection 66007, then the time for payment of fees shall be governed by the provisions of Section 66007. (b) The fee shall be determined by the fee schedule in effect on the date the vesting tentative map or vesting parcel map is approved, or the date a development permit is issued. (c) When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, a new fee payment shall not be required, unless the fee schedule has been amended during the interim; in this event, the appropriate increase or decrease shall be applied to permit issuance. (d) In the event that development has already lawfully occurred on a parcel for which public facilities impact fees were imposed, fees shall be required only for additional square footage of development that was not included in computing a prior fee. (e) When a fee is paid for a development project and that project is subsequently reduced so that it would have been entitled to a lower fee, the city shall issue a prorated refund of the paid fee. (f) When a fee is paid for a development project and the project is subsequently and irrevocably abandoned in writing without any further activity beyond the obtaining of a first development permit, the payer shall be entitled to a refund of the fee paid, minus the administrative portion of the fee. A written request for a refund of a fee paid in connection with an expired or abandoned development project must be made to the director of community development within 120 days of the expiration of the permit. Failure to submit the request within this time limit shall constitute a waiver of any right to any refund of the fee, and the fee shall be retained in and expended from the fund to which it was deposited. 25.80.041 In -lieu Construction or Provision of Facilities or Equipment (a) In -lieu credit. (1) A developer that has been required by the city to construct any facilities or improvements, or a portion thereof, referenced in a resolution adopted pursuant to this chapter as a condition of approval of a development permit may request an in -lieu credit of the specific VA 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 public facilities impact fee for the same development. Upon request, an in -lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development. (2) Only costs proportional to the amount of the improvement or facility that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in -lieu credit, and then only against the specific, relevant fees involved to which the facility or improvement relates. (3) Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to the fee, as demonstrated by the applicant and reviewed and approved by the director of community development, and consistent with the provisions of subsections (a)(1) and (a)(2) of this section. Subject to the applicable provisions of subsection (b) of this section, if the cost of the facilities or improvements is greater than required relevant fees, this chapter does not create an obligation on the city to pay the applicant the excess amount. (4) An amount of in -lieu credit that is greater than the specific fee required under this chapter may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the director of community development. The director may set a time limit for reservation of the credit. (b). Developer construction of facilities exceeding needs related to development project. Whenever an applicant is required, as a condition of approval of a development permit, to construct any facility or improvement (or a portion thereof) referenced in a resolution adopted which is determined by the city to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee which would otherwise be charged pursuant to this chapter on the development project shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of section 25.80.100. The amount to be reimbursed shall be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that portion of the cost of the improvement or facility which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the city, and shall be approved by the city council. Reimbursement shall be provided from fees which are deposited into the relevant fund or funds by other applicants for development projects. (c) Site -related improvements. Credit shall not be given for site -related improvements, including, but not limited to, traffic signals, right-of-way dedications, or providing paved access to the property, which are specifically required by the project in order to serve it and which do not constitute facilities or improvements specified in the resolution referenced in Section 15.80.030 of this chapter. (d) Determination of credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities, or dedication of land or rights-of-way, shall submit such documentation, including without limitation, engineering drawings, specifications, and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the director of community development to support the request for credit or reimbursement. The director shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the director determines that such estimates submitted by the developer are either unreliable or inaccurate. The director shall determine whether facilities or improvements are eligible for credit or reimbursement. (e) Time for Making Claim for Credit. Any claim for credit must be made no later than the application for a building permit. Any claim not so made shall be deemed waived. (f) Transferability of Credit --Council Approval. Credits shall not be transferable from one project or development to another. (g) Appeal of determinations of director of community development. Determinations made by the director of community development pursuant to this section may be appealed to the planning commission pursuant to section 25.16.150 within ten (10) days of the determination of the director. FGI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 25.80.042 Use of Funds. (a) Funds collected from public facilities impact fees shall be used for the purpose of: (1) Paying the actual or estimated costs of constructing or improving the public facilities within the city or purchasing materials or equipment for the public facilities within the city to which the specific fee or fees relate, including any required acquisition of land or rights-of-way therefor; or (2) Reimbursing the city for the development project's share of those public facilities already constructed by the city or to reimburse the city for costs advanced, including without limitation, administrative costs incurred with respect to a specific public facility project; or (3) Reimbursing other developers who have constructed public facilities described in the resolution, where those facilities were beyond those needed to mitigate the impact of the earlier developer's project or projects. (b). In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which public facilities impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate. 1 25.80.045 Conditions for Reimbursement. (a) The city manager shall report to the city council once each fiscal year regarding any portion of a fee remaining unexpended or uncommitted in an account five (5) or more years after deposit and identify the purpose for which the fee was collected. The city council shall make findings at least once every fifth year thereafter with respect to any portion of the fee remaining unexpended or uncommitted in its account five (5) or more years after deposit of the fee, to identify the purpose to which the fee is put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. (b) A refund of unexpended or uncommitted fees for which a need cannot be demonstrated along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The city manager may refund unexpended and 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 uncommitted fees that have been found by the city council to be no longer needed, by direct payment or by offsetting other obligations owed to the city by the current owners of the development project. (c) If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this section exceed the amount to be refunded, the city council, after a public hearing for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected subject to this chapter that serve the project on which the fee was originally imposed. 1 25.80.080 Capital Improvement Plan. A. The city may adopt or incorporate a capital improvement plan which indicates the approximate location, size, time of availability and estimates of costs for public facilities or improvements to be financed with public facility impact fees. B. The city manager shall annually submit the capital improvement plan to the city council for adoption at a noticed public hearing. C. The public facility impact fee schedule adopted by the city council by resolution shall be annually reviewed by the council for consistency with the capital improvement plan, and any necessary amendments shall be made by resolution of the city council. 25.80.090 Procedure for Adoption of Fees. The adoption of public facility impact fees is a legislative act and shall be enacted by resolution after a public hearing before the city council. 1 25.80.100 Fee Adjustments or Waiver. (a) A developer of any project subject to the fee described in this chapter may apply to the director of community development for reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of 11 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the development and either the amount of the fee charged or the type of facilities to be financed. (b) The application shall be made in writing and filed with the director of community development not later than: (1) Twenty (20) days prior to the public hearing before the planning commission on the development project application under this title, or (2) If no hearing before the planning commission is required by this title, at the time of the filing of the application for a development permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. (c) The planning commission shall consider the application at a public hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the planning commission is subject to appeal to the city council pursuant to this title. If a reduction, adjustment or waiver is granted, any change in use within the development project shall invalidate the waiver, adjustment, or reduction of the fee. Section 3. This ordinance shall be published as required by law. in7- • O Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 18`h day of August, 2008, and adopted thereafter at a regular meeting of the City Council held on the 2nd day of September, 2008, by the following vote: AYES: COUNCILMEMBERS: Baylock, Deal, Keighran, Nagel, O'Mahony. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None C' Clerk S:\ATTORNEY\FILES\ORDINANC\developinipactfee. fin. wpd 12