Chapter 19.08
POLICE FACILITIES MITIGATION FEE
Sections:
19.08.020 Terms And Definitions
19.08.100 Supplementary Provisions
19.08.120 Time Limitation For Judicial Review
19.08.010 Purpose:
City council finds, based upon the analysis and projections contained in the general plan, the "Police Capital Facilities Mitigation Analysis" prepared by the Abbey Group, Inc., dated April 1989, the "Law Enforcement Facilities, Vehicles And Equipment Development Fee Calculation Report" prepared by Revenue and Cost Specialists, LLC, dated January 2001, and upon other relevant evidence received and considered by it, that the cumulative impact of all new residential, commercial, and industrial development under the general plan will result in unacceptable decreases in access to police facilities. To prevent these undesirable consequences, police facilities must he provided at a rate which will accommodate the expected residential growth in the city. The city council acknowledges that the demand for police facilities is shared by new development as well as existing development. The police facilities fee apportions the cost of the necessary police facilities among the different categories of new and existing users according to the reasonably estimated demand that each group of users places upon police facilities. (Ord. 426 §2, 2001)
19.08.020 Terms And Definitions:
For the purposes of this chapter, the following terms shall have the meanings indicated in this section:
A. "Developer" means an individual or entity submitting an application for a building permit or other entitlement for development.
B. "Development" means:
1. A new residential unit, including conversion of an existing unit to more than one unit. A residential unit includes single-family detached units, single-family attached units, multiple-family units, mobile home units and commercial lodging units also known as transient occupancy uses.
2. Commercial, office, retail or industrial uses.
C. "Future growth" means the total amount of potential new development in the city permitted under the general plan. Future growth is expressed in terms of the number and type of dwelling units for residential development and the gross square footage for industrial, commercial, retail and office uses.
D. "Police facilities" means those improvements necessary to provide space to provide law enforcement staffing, including the equipment and vehicles required for emergency public safety responses and other law enforcement functions identified in the "Law Enforcement Facilities, Vehicles And Equipment Development Fee Calculation Report" dated January 2001, and other improvements in connection therewith, as may be determined by the city council from time to time, which are not otherwise provided by, or required of, development within the city pursuant to title 16, "Subdivisions", 17, "Zoning", or 15, "Buildings And Construction", of this code. Police facilities shall also include architectural, administrative, legal, planning, environmental and other services required in connection with the implementation of this chapter and the construction and acquisition of the foregoing improvements. (Ord. 426 §2, 2001)
19.08.030 Applicability:
Except as otherwise expressly provided in this chapter, the police facilities fee required under this chapter is payable with respect to each development within the city for which a building permit or other entitlement for development is issued on or after the effective date hereof. (Ord. 426 §2, 2001)
19.08.040 Amount Of Fee:
A. The amount of the fee shall be determined by the building department prior to issuance of the building permit, based upon the following:
|
Single-family detached dwelling unit |
$ 495.91 |
per unit |
|
Single-family attached dwelling unit |
392.24 |
per unit |
|
Multiple-family dwelling units |
392.24 |
per unit |
|
Mobile home dwelling unit |
110.63 |
per unit |
|
Commercial lodging unit |
1,534.14 |
per unit |
|
Commercial/office uses |
0.031 |
per gross square foot |
|
Industrial uses |
0.039 |
per gross square foot |
B. In the event that a developer is not satisfied with the calculation of the fee by the building department, the developer may submit a written request that the type of land use and the amount of the fee required of the development be determined by the city manager.
C. The developer shall be notified in writing of the city manager’s determination about the type of land use and the fee applicable to the development. Such determination shall be made within thirty (30) days of the city manager’s receipt of the developer’s request for the city manager’s determination. The developer may appeal the determination of the city manager to the city council in accordance with the provisions of section 19.08.090 of this chapter. (Ord. 426 §2, 2001)
19.08.050 Payment Of Fee:
A. The entire fee shall be paid prior to the date of final inspection or the date of issuance of certificate of occupancy, whichever occurs later, and no final inspection shall be completed and no certificate of occupancy shall be issued until said fee is paid in full.
B. Prepayment of the police facilities fee shall not be accepted by the city unless prepayment is authorized in a development or other agreement. (Ord. 426 §2, 2001)
19.08.060 Credits And Waivers:
A. Credits: If the developer desires to construct a police facility, the developer and the city may enter into an agreement regarding a credit against the police facilities fees due.
B. Waivers: Notwithstanding other provisions of this chapter, the police facilities fee shall be waived; in whole or in part, in those cases where in a subdivision improvement agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigation actions. Those actions shall have a reasonable relationship between the new development, the needed police facilities, and the estimated cost of the police facilities. (Ord. 426 §2, 2001)
19.08.070 Exemption:
Unless a development or other agreement provides otherwise, the following developments shall be exempt, in whole or in part, from the police facilities fee otherwise required by this chapter:
A. Residential development consisting of the repair or replacement of a residential unit, on a one to one basis.
B. Commercial, office, or industrial development consisting of the repair or replacement of structures, provided that such repair or replacement does not result in any conversion or change in land use, or any enlargement of gross floor area beyond that of the previous structure. (Ord. 426 §2, 2001)
19.08.080 Use Of Funds:
The fees paid pursuant to this chapter shall, except for temporary investments, be placed in a separate fund in a manner to avoid commingling of the fees with other revenues or funds of the city, and shall be used solely for the purpose of acquiring and constructing the police facilities identified by the city council in the "Law Enforcement, Vehicles And Equipment Development Impact Fee Calculation Report" dated January 2001, or police facilities included in the city’s capital improvement plan. Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purposes set forth in this chapter. (Ord. 426 §2, 2001)
19.08.090 Appeals:
A developer may appeal to the city council any determination made pursuant to this chapter. All appeals shall be in writing and shall be filed within fifteen (15) days of the date of mailing to the developer any written notice of the applicable determination. Any appeal not filed within such period shall be deemed waived. The city council shall set the matter for hearing within forty five (45) days of the date of receipt by the city clerk of the notice of appeal. (Ord. 426 §2, 2001)
19.08.100 Supplementary Provisions:
It is the intent of the city council that the fees required by this chapter shall be supplementary to the fees, dedications or conditions imposed upon the development pursuant to the provisions of the subdivision map act, California environmental quality act, and other state laws and city ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon. (Ord. 426 §2, 2001)
19.08.110 Severability:
The provisions of this chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the city to impose the fee provided in this chapter. If any sentence, clause, section or part of this chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter, or its effect on other persons or entities. It is declared to be the intention of the city council that this chapter would have been adopted had such unconstitutional, illegal, invalid sentence, clause, section or part of this chapter not been included herein, or had such person or entity been expressly exempted from the application of this chapter. To this end, the provisions of this chapter are severable. (Ord. 426 §2, 2001)
19.08.120 Time Limitation For Judicial Review:
In accordance with the provisions of section 66022 of the California Government Code, any judicial action or proceeding to attach, review, set aside, void or annul this chapter shall be brought within one hundred twenty (120) days of its effective date. (Ord. 426 §2, 2001)