HomeMy WebLinkAboutOrd 18301
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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
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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.
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(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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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