Chapter 17.100
IMPACT FEES

Sections:

17.100.010    Purpose.

17.100.020    Definitions.

17.100.030    Applicability.

17.100.040    Exemptions.

17.100.045    Traffic impact mitigation fees for workforce (affordable) housing.

17.100.050    Timing of payment.

17.100.060    Creation of special funds.

17.100.070    Fee review.

17.100.080    Severability.

17.100.010 Purpose.

The purpose of this chapter is to prevent new development from reducing the quality and availability of public services provided to residents of the city by requiring new development to contribute to the cost of additional capital assets needed to serve additional development.

Pursuant to Section 66000 et seq. of the California Government Code (The Mitigation Fee Act) the city is authorized to impose such impact fees to all developable land identified in the current general plan by city council. (Ord. 477 §1 (part), 2016)

17.100.020 Definitions.

Unless the context otherwise requires, the definitions and general provisions set forth in this section shall govern the construction of this chapter:

A.    "City" means the city of Angels.

B.    "Affordable residential housing" shall mean a purchase price or rental price that is affordable to a "moderate," "low" or "very low" income household, as those terms are defined by the California Department of Housing and Community Development, as applicable to Calaveras County.

C.    "New development" shall mean, with respect to residential development, any development that creates additional residential units. "New development" shall not mean replacement of an existing residential unit.

D.    "New development" shall mean, with respect to nonresidential development, any development that creates additional square footage. Where a development project includes replacement of existing square footage, the "new development" shall mean only the portion that constitutes additional square footage. (Ord. 477 §1 (part), 2016)

17.100.030 Applicability.

The following fees are hereby established and shall be imposed as a condition of the approval of, or permit for, any new development, whether residential or nonresidential, except as otherwise exempted by this chapter:

A.    A fee, known as a fire protection fee, to fund fire protection services, in an amount as set forth in the municipal fee schedule.

B.    A fee, known as a police fee, to fund and maintain the existing level of police service as the city grows, in an amount as set forth in the municipal fee schedule.

C.    A fee, known as a traffic fee, to fund and prevent new development from increasing traffic congestion and reducing the level of service to the city’s street system, in an amount as set forth in the municipal fee schedule.

D.    A fee, known as a park land fee, to fund the acquisition of land and improvements for neighborhood and district parks or the imposition of park in-lieu fees, in an amount as set forth in the municipal fee schedule. (Ord. 477 §1 (part), 2016)

17.100.040 Exemptions.

The provisions of this chapter shall not apply to the following:

A.    City buildings or structures;

B.    Public school buildings or structures;

C.    Retail service, eating and drinking service, personal service, or automotive service when the total additional square footage is one thousand five hundred square feet or less. This exemption shall apply only when the additional square footage of new development does not exceed one thousand five hundred square feet. New development that is larger than one thousand five hundred square feet shall pay a fee for all square footage, including the first one thousand five hundred square feet; and

D.    Day care centers used for childcare, nursery school or preschool education. (Ord. 503 §1, 2020; Ord. 477 §1 (part), 2016)

17.100.045 Traffic impact mitigation fees for workforce (affordable) housing.

Traffic impact mitigation fees for residential housing, either for sale or rental, which, by recordable means, is obligated to be affordable/workforce housing as defined in the city’s general plan housing element, shall be waived, reduced, and/or deferred for low to moderate income housing projects as established by city resolution. (Ord. 503 §2, 2020)

17.100.050 Timing of payment.

A.    The obligation to pay the fees established by this chapter shall accrue as of the date the first discretionary approval is given for the development, or if no discretionary approval is required, as of the date a complete application is submitted for a building permit for the development. Fees shall be due and payable as of the date a complete application is submitted for a building permit for the development. Fees shall be due and payable to the city of Angels prior to issuance of a building permit for the development, and shall be calculated at the rate of the fees in effect as of the date the obligation to pay the fees accrued.

B.    Payment of the fees may be deferred, for residential development only, to the date of final building inspection approval of the development, provided the owner of the real property for which the fees are required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which from the date of recordation, shall constitute a lien on the property and shall be enforceable against successors in interest to the property owner. The agreement shall provide that final occupancy approval shall not be given until the fees are paid. The agreement shall also provide that in any action to collect the fees or any portion thereof the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorneys’ fees. The planning director shall be authorized on behalf of the city to execute the agreement described in this section, in a form acceptable to the city attorney. (Ord. 477 §1 (part), 2016)

17.100.060 Creation of special funds.

The city administrator is hereby directed to establish and maintain the following special funds, into which all fees of each type described in Section 17.100.030, and any interest thereon, shall be deposited. Each fund shall be maintained as a separate capital facilities account in a manner to avoid any commingling of the fees with other revenues, funds or accounts of the city. Upon receipt and entry into the accounting records for each fund such monies shall be considered committed to the uses described in Section 17.100.030. The special funds established by this section are:

A.    Fire protection fee fund;

B.    Police services fee fund;

C.    Traffic mitigation fee fund; and

D.    Park development and in-lieu park fee fund. (Ord. 477 §1 (part), 2016)

17.100.070 Fee review.

On an annual basis following the enactment of this chapter, the city administrator shall review the estimated cost of the described public improvements to be funded by the fees, the continued need for those improvements and the reasonable relationship between such need and the impacts of pending or anticipated new development within the city. The city administrator shall report his or her findings to the city council at a noticed public hearing and recommend any adjustment to the fees or other action as may be needed. (Ord. 477 §1 (part), 2016)

17.100.080 Severability.

If any provision of this chapter or the applicability thereof to any person or entity is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provisions or application; and to this end the provisions of this chapter are declared to be severable. (Ord. 477 §1 (part), 2016)