Chapter 8.20
PUBLIC FACILITIES FEES
Sections:
8.20.020 Establishment of public facilities fees.
8.20.010 Purpose.
The purpose of this chapter is to provide a system to fund capital facilities that would allow the City to accommodate additional development without lowering the level of public service. Public facilities fees allow new development to mitigate at least a portion of its impacts on the City’s capital facilities.
8.20.020 Establishment of public facilities fees.
A. The City Council may establish public facilities fees on new construction.
B. To establish the public facilities fees, the City Council shall, after a duly noticed public hearing, adopt a resolution that sets forth the amount of the fees.
C. The amount of each public facility fee shall be supported by a written report to be presented at the public hearing.
D. The City Council may approve a public facility fee only if:
1. The type of facilities to be funded has been identified;
2. A reasonable relationship exists between the use of the fee and the type of construction on which the fee is imposed;
3. A reasonable relationship exists between the need for the public facilities and the type of construction on which the fee is imposed; and
4. A reasonable relationship exists between the amount of the fee imposed and the cost of the public facilities attributable to the type of construction.
E. A public facility fee may be established for the following:
1. Parks and park and recreation facilities;
2. Public buildings;
3. Police and fire facilities;
4. Public works yards;
5. Transportation facilities, including streets, intersections, bikeways, pedestrian ways and public transportation facilities including vehicles;
6. Storm drainage facilities;
7. Equipment used in the provision of public services, including Library materials;
8. Land acquired as the site for any such facilities; and
9. Administration of the public facilities fee program.
8.20.030 Fees imposed.
A. The public facilities fee shall be charged and paid no later than the time of issuance of a building permit for construction. The Director of Community Development, or his or her designee, shall determine the amount of the fee the developer must pay in accordance with the provisions set forth in this chapter and implementing resolution(s).
B. To the extent permitted by law, the public facilities fees as determined by the resolution shall be paid prior to the occupancy of any building built by any entity that is not required to obtain a building permit from the City of Coronado.
C. The Director of Community Development is authorized to develop regulations and guidelines appropriate for the effective implementation and administration of this chapter.
8.20.040 Exemption from fees.
A public facilities fee shall not be imposed on any of the following development:
A. Any residential addition of less than 500 square feet. However, if a fee was not imposed on that property for this reason at the time of a prior addition within the last five years, and if the property ownership (as defined by the County Assessor for the purposes of Article XIII-A of the California Constitution) has not changed, then a fee shall be charged on the portion of the sum of such additions that is 500 square feet or greater.
B. Any replacement or reconstruction of floor area destroyed or demolished; provided, that the building permit is obtained within five years of demolition.
8.20.050 Appeals.
A determination of the amount of the public facilities fee on a particular development may be appealed to the City Council in accordance with the provisions of this Municipal Code (Chapter 1.12 CMC).
8.20.060 Use of fee revenues.
The revenues generated by the public facilities fees shall be placed in separate accounts established by the Director of Administrative Services. These revenues, together with any interest earnings on these accounts, shall be used only for the purposes for which the fees are imposed, identified below:
A. To pay for design and construction of public facilities (including expenses directly associated with such facilities), or portions of the cost of such facilities, which provide capacity to mitigate the public facilities impacts of new development;
B. To reimburse the City for its expenditures (from other than grants or gifts) for a development’s fair share of those capital improvements already constructed by the City;
C. To reimburse developers for expenditures in constructing such facilities, except that a developer shall be entitled to reimbursement only if such construction and the extent of reimbursement has been approved by the City as the means by which the City, in its sole discretion, chooses to provide additional capacity; and
D. To pay for and/or to reimburse the costs of program development and ongoing administration of the public facilities program.
8.20.070 Reporting.
A. Within 60 days of the close of each fiscal year, the Director of Administrative Services shall make available to the public a report for each account of the public facilities fees which: (1) states the balance of funds in the accounts, (2) sets forth disbursements from the accounts since the prior report, (3) identifies commitments made for future disbursements from the accounts, (4) determines whether any funds have been held for five or more years and if so indicate whether or not they have been committed, and (5) states the amount of any refunds made during the year.
B. The above report shall also review the basis for the fee, including the determination of the amounts charged, and information as to any changes in the information on which the fee amounts are based that would indicate the amounts should be adjusted. This review shall include information as to inflation or deflation in the cost of providing needed facilities.
C. The Director of Administrative Services shall present this report to the City Council for review at the next regularly scheduled public meeting not less than 15 days after the availability of the report.