Chapter 1.15
MUNICIPAL FACILITIES IMPROVEMENTS
Sections:
1.15.030 Municipal facilities charges established.
1.15.040 Applicability of provisions.
1.15.060 Municipal Facilities Fund established.
1.15.010 Purpose.
The continued construction of Newman residential and nonresidential structures within the City has caused an increase in population of the City. Past infrastructure funding sources, such as property taxes and federal revenue sharing funding have been substantially reduced and deleted so that current funding sources are no longer adequate to provide for these additional and expanded services and the attendant facilities. New development generates a need for new infrastructure such as parks, roads, traffic signals, police, fire, senior citizen services and City Hall expansion and it is determined to be appropriate that this development should pay a portion of the costs of this infrastructure. The provisions of this chapter are adopted to promote the public health, safety, peace, morals, comfort, convenience and general welfare of the citizens of the City and implement the goals and objectives of the General Plan of the City. Particularly, the provisions of this chapter are adopted for the following reasons:
A. To provide an adequate and constant method for the financing of the unfunded portion of needed capital improvements throughout the City, reasonably related to projected community growth.
B. To promote the orderly and efficient expansion of public improvements to adequately meet domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development.
C. To ensure the continuation of necessary services including, but not limited to, police, fire and general administrative services.
D. To establish equitable methods for minimizing public facility and service costs to the City associated with new development. (Ord. 87-9, 9-22-1987)
1.15.020 Definitions.
“Building” means any new structure used or intended for supporting or sheltering any use or occupancy, including those moved into the City limits; but not including any outdoor tanks, towers, carports, or other similar structures.
“Dwelling unit” means a single unit providing complete, independent living facilities, balconies, and other similar structures, as determined by the Building Official. The living area of apartment houses shall include independent laundry rooms, lounge, and study areas.
“Mobile home” means a vehicle, other than a motor vehicle, designed or used for residential purposes, for carrying persons and property on its own structure and for being drawn by a motor vehicle.
“Mobile home lot” means any area or portion of a mobile home park designated, designed, or used for the occupancy of one mobile home on a temporary, semi-permanent, or permanent basis.
“Person” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, society, or individual. (Ord. 87-9, 9-22-1987)
1.15.030 Municipal facilities charges established.
A. The following facilities charge schedule will continue in effect for any new dwelling unit or new mobile home lot and every person to whom a permit to construct any such building is issued, until superseded and replaced by a charge schedule which the City Council adopts, by resolution, at any time after September 15, 2001:
|
Single-family dwelling unit or mobile home not in a mobile home park |
$1,387 |
|
Duplex unit or mobile home |
1,248 |
|
Apartment unit or condominium |
1,110 |
B. No charge shall be imposed when an existing building or portion thereof is replaced or expanded unless a new dwelling unit is established. The schedule adopted by resolution after September 15, 2001, shall be annually automatically adjusted for inflation on March 1st of each year in accordance with the annual increase in the Bay Area Engineering News Record Index for the 12-month period ending in the preceding December. (Ord. 2001-2 § 1, 8-28-2001; Ord. 93-5, 7-27-1993)
1.15.040 Applicability of provisions.
A. The municipal facilities charge is intended to apply to the living area of all residential construction and to all reconstruction, alteration, modification, and additions which create additional dwelling units.
B. The municipal facilities charge is intended to apply to the building area of all new nonresidential construction and to additional building area due to reconstruction, alteration, modification, and additional nonresidential buildings.
C. Square footage shall be determined by adding the number of square feet of space on each floor level. (Ord. 87-9, 9-22-1987)
1.15.050 Payment of charge.
A. Until such time as the City Council by resolution determines that the City may collect the municipal facilities charge at any earlier time pursuant to the provisions of Government Code Section 66007(b), the municipal facilities charge required to be paid shall be due and payable on the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs last; provided, however, that no charge shall be collected on account of any construction for which a building permit was issued prior to the effective date of the ordinance codified in this chapter.
B. The municipal facilities charge shall be paid to the Building Official of the City or his authorized agent at the City Hall. (Ord. 87-9, 9-22-1987)
1.15.060 Municipal Facilities Fund established.
All of the municipal facilities charges collected shall be placed in a special fund which is hereby created and established for such purposes and which shall be known as the Municipal Facilities Fund. Sums collected under this chapter may be expended for the maintenance, improvement or expansion of existing municipal facilities or for the acquisition or construction of new facilities, provided that such expenditure from the fund has been authorized by the City Council. (Ord. 87-9, 9-22-1987)
1.15.070 Exemption from CEQA.
CEQA does not apply to this chapter pursuant to Section 15273 of the State CEQA and Guidelines because:
A. This chapter has been enacted to establish a capital facilities fee to be collected from new construction.
B. The fees established by this chapter will be collected for the purpose of obtaining funds to be used for capital projects which are necessary to maintain the current level of services within the City, including the construction of roads and park facilities, the installation of street lights and the expansion of police and fire services.
C. With the passage of time, the capital facilities fee will be used to fund new facilities in new neighborhoods. However, the addition of capital facilities to new neighborhoods will receive CEQA review at each stage of development, including annexation, zoning, subdivision and project approval. (Ord. 87-9, 9-22-1987)