Chapter 1.18
IMPACT MITIGATION FEE

Sections:

1.18.010    Traffic, sewer, water and storm drainage fees.

1.18.020    Definitions.

1.18.030    Annual adjustment of fees.

1.18.040    Fees to be deposited.

1.18.010 Traffic, sewer, water and storm drainage fees.

In an amount established by the City-Wide Services Master Plan first phase, adopted by City Council Resolution 94-22, on April 26, 1994, and any later amendments thereto, a traffic, sewer, water and storm drainage development impact mitigation fee is hereby established. The fees specified in said Plan for residential, commercial and other development within the City for traffic improvement mitigation, storm drainage outfall system, sanitary sewer trunk system, and water system for the development within the City and its sphere of influence, necessary to cover the actual or estimated cost of the improvements, shall be paid prior to development. (Ord. 94-13, 6-14-1994)

1.18.020 Definitions.

For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Capital facilities fee study report” means an annual report which meets the requirements of Government Code Section 66001(d).

“Development” means the construction of any building which is meant for human habitation, and/or for an industrial or commercial purpose.

“Paid prior to development” shall mean, unless specified by development agreement, the earlier of: a condition of a subdivision map, or other condition imposed by the City Council, or at the time of issuance of a building permit as required by NCC Title 4. No building permit shall be issued by the City and Building Official without the payment of the fee required by this chapter. (Ord. 94-13, 6-14-1994)

1.18.030 Annual adjustment of fees.

The fees established by Council adoption of the City-Wide Service Master Plan, and any later amendments thereto, 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 § 2, 8-28-2001; Ord. 94-13, 6-14-1994)

1.18.040 Fees to be deposited.

A. The fees collected pursuant to this chapter shall be placed in the appropriate capital fund account for traffic, storm drainage, sewer and water. These funds are to be used for constructing, improving, extending or purchasing designated capital improvements specified in the City-Wide Services Master Plan.

B. The City Manager shall have the authority to make loans between the various subaccounts to assure adequate cash flow. Interest charged on each loan shall be at the current earned interest rate. (Ord. 94-13, 6-14-1994)