Chapter 1.16
FEES AND FINANCES
Sections:
1.16.020 School facilities mitigation fees.
1.16.010 Planning fees1.
The fees to be charged by the Planning Department of the City for matters coming before the Planning Commission and City Council shall be fixed and established by resolution of the Newman City Council. In addition to the adopted application fee schedule, applicants shall be responsible for any additional costs incurred through/by project processing, including but not limited to administrative costs. (Ord. 2009-1 § 1, 2-10-2009; Ord. 90-23, 11-13-1990)
1.16.020 School facilities mitigation fees.
A. Purpose. It is the intent, by enacting this section, to provide mitigation measures for the impacts on school facilities caused by new residential development in the City by establishing a school facilities mitigation fee consistent with General Plan policies, for those residential projects. The school facilities mitigation fee is intended to augment funding sources available to the Newman-Crows Landing Unified School District (“District”) for the purposes of providing new school construction or increased facility capacity to house students generated from new residential development in the City.
B. School Facilities Committee. The City Council will appoint a School Facilities Committee composed of five members. This Committee, using input from the community and data as requested, available and supplied by the City, School District, and other sources, will, at the City Council’s direction, review the school facilities mitigation fee. Based on this review, the Committee will recommend to the City Council whether the fee should be adjusted and the amount of the proposed adjustment.
C. Mitigation Fee. A single-family school facilities mitigation fee and a multiple-family school facilities mitigation fee, inclusive of the fees set by the District pursuant to Government Code Section 53080, shall be established and periodically adjusted by the City Council by resolution.
D. Fee Adjustment. The school facilities mitigation fee shall be adjusted if an increase or decrease in the costs or other change is justified based on the review of the School Facilities Committee, and the City Council deems such adjustment to be appropriate.
E. School Facilities Mitigation Fee Requirement. The school facilities mitigation fee shall be required as a condition of legislative approvals and entitlements.
F. Payment of Fees. The school facilities mitigation fee, imposed by the School District pursuant to Government Code Section 53080, shall be paid at the time of building permit. The City’s school facilities mitigation fee shall be paid in the amount in effect at the time of collection. Collection may occur at the time of the issuance of a building permit, but shall in no event occur later than the time of the issuance of a certificate of occupancy, at the discretion of the payor.
G. Replacement for Fee. A Mello-Roos Community Facilities District or other financing mechanism may be acceptable as a replacement for the mitigation fee, if approved by the City Council.
H. Impact Mitigation. The City will also cooperate with the Newman-Crows Landing Unified School District in mutual efforts to mitigate the impacts of new development on the school system, including additional measures such as:
1. Support the establishment of a Mello-Roos Community Facilities District by the School District, or, if appropriate, by the City;
2. Support methods to reduce the District’s costs for school facilities, including year-round schools or portable classrooms where appropriate;
3. Support efforts to impose comparable fees in the areas within the School District which are outside the jurisdiction of the City;
4. Support aggressive pursuit of State funding by all available options;
5. Encourage the District to seek general obligation bonds or other funding mechanisms for short-term cash flow;
6. Encourage the District to formulate a capital improvements plan to help estimate which school facilities will be needed to accommodate students in the future. (Ord. 95-6, 6-27-1995)
Whenever “planning fees” are referred to anywhere in the ordinances or resolutions of the City, same shall mean “planning fees” as set forth herein.