Chapter 3.26
MITIGATION FEES FOR NEW DEVELOPMENT

Sections:

3.26.010    Purpose and intent.

3.26.020    Definitions.

3.26.030    City council to set fees.

3.26.040    Purpose of fees.

3.26.050    Payment of fees.

3.26.055    Indexing.

3.26.060    Disposition of fees.

3.26.070    Adoption or increase of fees.

3.26.075    Reimbursement for developer construction.

3.26.080    Protest of fees.

3.26.010 Purpose and intent.

Pursuant to the Mitigation Fee Act, Section 66000 et seq. of the California Government Code, the city may impose and charge mitigation fees as a condition of approval for development projects. This chapter and the fees imposed pursuant to this chapter shall be subject to the provisions of the Mitigation Fee Act, except as otherwise specifically modified herein. (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.020 Definitions.

As used in this chapter, the words or terms “development project,” “fee” and “public facilities” shall be defined in Government Code Section 66000. (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.030 City council to set fees.

A.    Periodically, the community development director (“director”) shall cause to be prepared a development impact fee study (“study”). The study shall evaluate the impacts of contemplated future development on existing public (building) facilities, public safety facilities, transportation (roadways and intersections), and parks (“facilities”) in the city of Marina along with an analysis of the need for new facilities and improvements required by new development, and set forth the reasonable relationship between such needs and the impacts of the various types of development pending or anticipated for which this fee is charged and describe the estimated costs of those improvements and the continued need for those improvements. Cost estimates shall be set forth in the study that are the current reasonable cost estimates for constructing the facilities, and the fees expected to be generated by new development may not exceed the total of these costs. If, in his or her opinion, the study demonstrates that there is a need in the city for facilities that have not been contracted, or have been constructed but for which new development has not contributed its fair share of facility costs, and such facilities have been called for in or are consistent with the study, the director shall forward the study to the council for its consideration.

B.    If the council determines that the facts and evidence presented in the study establish that there is a reasonable relationship between the need for the described facilities and the impacts of the types of development described, for which the corresponding fee is charged, and there is a reasonable relationship between the fee’s use and the type of development for which the fee is charged, as these reasonable relationships and nexus are described in the study, the council may set the fees as described in the study. (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.040 Purpose of fees.

The purpose of the fees shall be to finance only the facilities described or identified in the study to reduce the impacts of growth caused by new development within the city. The fees shall be used solely to (1) pay for the described facilities to be constructed by the city, (2) reimburse city for the development’s fair share of those capital improvements already constructed by city, and (3) reimburse other developers who have constructed facilities described in the study, where those facilities were oversized or in excess of that needed to mitigate impacts created by such developers’ project or projects. (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.050 Payment of fees.

For new development, mitigation fees shall be charged and payable as set out in Table 1.2 of this chapter. The director shall determine, based on the type of development, the corresponding fee to be paid pursuant to this chapter. Except as otherwise provided by law or development agreement, the fees shall be paid at the time of issuance of any building permit for new development within the city.

Table 1.2

Development Impact Fee Summary 

Land Use

Public Buildings Fee

Public Safety Fee

Roadways Fee

Intersections Fee

Parks Fee

Total Fee1

Residential

Single-Family Dwelling Units

$3,702

$797

$6,981

$1,692

$8,017

$21,189

Senior Homes

$2,468

$531

$2,698

$654

$5,345

$11,697

Assisted Living—Senior

$1,371

$295

$1,936

$469

$2,969

$7,041

Multifamily Dwellings

$3,428

$738

$4,876

$1,182

$7,423

$17,647

Mobile Home Park

$3,428

$738

$3,659

$887

$7,423

$16,135

Campground/RV Park

$3,428

$738

$1,980

$480

$7,423

$14,049

Nonresidential

Office/Research

$263

$492

$8,088

$1,960

$ -

$10,803

Retail/Service

$158

$295

$13,593

$3,295

$ -

$17,340

Industrial

$53

$98

$5,111

$1,239

$ -

$6,501

Hotel

$71

$133

$5,991

$1,452

$ -

$7,647

Church

$53

$98

$6,680

$1,619

$ -

$8,450

Day Care Center

$210

$394

$54,306

$13,163

$ -

$68,072

Animal Hospital/Veterinary Clinic

$315

$590

$34,610

$8,389

$ -

$43,905

Medical/Dental Office Building

$315

$590

$26,493

$6,421

$ -

$33,820

Casino/Video Lottery

$315

$590

$98,478

$23,869

$ -

$ *

Casino

$315

$590

$28,913

$7,008

$ -

$ *

Notes:

1 Fee in this table refers to “fee per dwelling unit or mobile home park/campground/RV space,” “fee per 1,000 square feet of building space or gaming space,” and “fee per hotel room.”

* Specifically for the casino uses, the fees for public buildings, public safety, and parks are based on the 1,000 square feet of gaming area, while roadways and intersection fees are based on 1,000 square feet of building space, excluding hotel uses.

(Ord. 2016-04 § 1, 2016: Ord. 2011-02 § 1, 2011: Ord. 2007-10 § 1 (Exh. A), 2007: Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.055 Indexing.

The city council directs that the fee levels established by Section 3.26.050 shall be reviewed prior to January 1st of each year by the director. The fee levels shall be compared to the Engineering News Record (“ENR”) Construction Cost Index. The fee levels may be changed in accordance with the percentage change in the ENR index from November 1st to November 1st of each preceding year, but in no case shall the indexing percentage increase or decrease in fees allowed by this section exceed that shown in the ENR index. When calculating the fee level to be charged for the coming calendar year, increments of less than one dollar shall be rounded to the nearest dollar. Before January 1st of each year, the director shall prepare an informational report to the city council containing the calculations required by this section. If any index adjustments and fee changes are appropriate, the same shall be effective on January 1st. (Ord. 2007-10 § 2, 2007)

3.26.060 Disposition of fees.

The fees collected pursuant to this chapter shall accounted for, administered and disposed of only in accordance with Government Code Sections 66001 (c) through (e). (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.070 Adoption or increase of fees.

A.    All fees and charges adopted or increased pursuant to this chapter shall be set any ordinance pursuant to Government Code Section 66016 and shall take effect sixty days following the adoption of the ordinance, except as otherwise provided in Government Code Section 66017. The ordinance shall state that all provisions of this chapter have been complied with.

B.    Government Code Sections 66016 through 66018 contain the requirement for adoption or increase of these fees which are summarized as follows:

1.    An open and public meeting shall be held prior to adoption of the fees, at which oral and written presentations can be made, as part of a regularly scheduled council meeting.

2.    Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that data described in Section 3.26.030(A) of this chapter is available, shall be mailed by the director at least fourteen days prior to the meeting to any interested party who files a written request for mailed notice on new or increased fees or service charges. The notices are good for one year.

3.    At least ten days prior to the meeting the director shall make available to the public the data described in Section 3.26.030(A) of this chapter.

4.    Prior to adopting or increasing a fee, the city council shall hold public hearing at which oral or written presentations can be made, as part of a regularly scheduled council meeting. This hearing is in addition to and following the meeting described in subsection (B)(2) of this section.

5.    Notice of the time and place of the hearing, including a general explanation of the matter to be considered, is to be published in accordance with Government Code Section 6062A, i.e., twice, with at least five days intervening between dates of first and last publication not counting such publication dates. (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)

3.26.075 Reimbursement for developer construction.

If because of special conditions caused by a development project, the development project is required to construct any improvement or portion thereof which is listed in the most current approved city capital improvement budget, then the full public facilities impact fee hereunder shall be collected from the development project, but the development project shall be reimbursed for the full cost of the improvement constructed (or, if only a portion of the improvement is constructed, the prorated portion of said construction cost), using the project cost as listed in said capital improvement budget as increased by the ENR index in the same manner that this fee is increased. In no event, however, shall the reimbursement exceed the cost or prorated cost of the improvement shown in the capital budget. This section shall also apply to contributions or dedications of land by a development project. (Ord. 2007-10 § 3, 2007)

3.26.080 Protest of fees.

Protest of fees imposed by this chapter shall be made in accordance with and pursuant to the Mitigation Fee Act. (Ord. 2005-13 §§ 2, 3 (Exh. A (part)), 2005: Ord. 2003-02 § 2 (part), 2003)