Chapter 3.32
DEVELOPMENT IMPACT FEES

Sections:

3.32.010    Findings.

3.32.020    Description of fees.

3.32.030    Limited use of fees.

3.32.040    Imposition of fees.

3.32.050    Public safety impact fees.

3.32.060    Civic improvement impact fees.

3.32.065    Park impact fees.

3.32.070    Water impact fees.

3.32.080    Sewer impact fees.

3.32.090    Storm drainage impact fees.

3.32.100    Traffic mitigation impact fees.

3.32.110    Developer construction of facilities.

3.32.120    Fee adjustment.

3.32.130    Definitions.

3.32.140    Development agreements.

3.32.150    Inflationary fee increases.

*    Code reviser’s note: Section 3 of Ordinance 13-2 provides: “Every person who paid Development Impact Fees at the rates established in Ordinance No. 96-2 shall be given a refund equal to the difference, if any, between the aggregate fees paid and the aggregate fees established by this ordinance; except no refunds will be paid to persons who received City Council approval of a fee adjustment or waiver during the relevant time period.”

3.32.010 Findings.

In order to implement the goals and objectives of the general plan of the city of St. Helena and to mitigate the impacts caused by new development within the city, certain public improvement projects must be or had to be constructed. The city council determines that development impact fees are needed to finance these public improvements and to pay for development’s fair share of the construction costs of these improvements. In establishing the fees described in the following sections, the city council finds the fees adopted to be consistent with state law (California Government Code Section 66000 et seq.) and with the city’s general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fees and determines that the fees are not material with respect to the city’s housing needs as established in the housing element of the St. Helena general plan. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.1)

3.32.020 Description of fees.

A.    Development impact fees are hereby established on new development or conversions within the city of St. Helena to pay for public improvements related to civic improvement projects, public safety, sewer projects, water projects, traffic mitigation, parks and storm drainage. In the following sections, the city council sets forth the specific amount of the development fee for each type of public improvement project.

B.    At least every five years, the city council shall review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the public improvement projects described in the city’s capital improvement projects list are still needed. Failure to undertake this review shall not invalidate the imposition of the fees. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.2)

3.32.030 Limited use of fees.

The revenues raised by payment of these development impact fees shall each be placed in separate and special impact fund accounts, and such revenues, along with any interest earnings on each separate account, shall be used solely to:

A.    Pay for the city’s future construction of those public improvement projects at least partially allocable to new development or conversions as described in the city’s capital improvement projects list; or

B.    Reimburse the city for those described or listed projects constructed by the city with funds advanced by the city from other sources; or

C.    Reimburse developers who have been required or permitted by Section 3.32.110 to install such listed facilities which are oversized with supplemental size, length or capacity. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.3)

3.32.040 Imposition of fees.

A.    Development impact fees shall be imposed on:

1.    New development; and

2.    Conversions, as provided in this chapter.

B.    Development impact fees shall be paid by the owner of the property on which new development or conversion is to occur. The fees shall be collected by the city prior to the issuance of the building or development permit(s) for such development or conversion, whichever occurs later, unless payment at a later time is mandated by Government Code Section 66007.

C.    Except as otherwise provided herein, square footage of residential and nonresidential buildings shall be measured by exterior dimensions. Unfinished attics, crawlspaces, and basements shall not be assessed until converted and finished as usable floor space.

D.    A building or structure consisting of nonusable floor space, e.g., a garage, carport or storage shed, shall not be deemed to be part of the residential building for the purpose of determining the square footage of the residential building. Such ancillary structures shall require the payment of storm drainage and public safety impact fees; additional impact fees shall not be required until converted to usable floor space.

E.    Each single-family residential unit within a multifamily residential building or development project shall be deemed to be a separate building for which a fee is imposed and shall be paid.

F.    Additions to an existing building shall be deemed to occur whenever the amount of usable floor space is increased, or whenever new building space is constructed where no structures existed as part of the existing building, whether or not the total building floor area is increased by the new construction.

G.    The first seventy (70) square feet of additions or conversions to an existing building in a two-year period shall be exempt from all fees except public safety impact fees and storm drainage impact fees.

H.    No development impact fee shall be imposed more than once for the same floor space.

I.    Each tenant space in a multi-use building or development project shall be deemed to be a separate use for which a fee is imposed and shall be paid. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.4)

3.32.050 Public safety impact fees.

A.    Findings. The city council finds:

1.    Numerous items of capital equipment are urgently needed for the city’s police and fire protection facilities to maintain the existing level of police and fire protection services to all areas of the city of St. Helena.

2.    New development or conversions within the city of St. Helena result in increased usage of residential, commercial, industrial, and other affected properties, which thereby increases the service requirements and the capital equipment requirements of the city’s police and fire safety services. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.

3.    The city must continue to fund capital additions to its public safety system. These capital improvements include expanding the police and fire department facilities and equipment. These additional capital expenditures are necessary to maintain an acceptable level of public safety service within the next fifteen (15) years.

4.    In the absence of the imposition of a public safety impact fee upon all building permits, the additional capital expenses necessary to maintain an acceptable level of public safety services for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the city of St. Helena.

5.    New development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the city of St. Helena.

6.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for the fire and police department and other public safety improvements and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of new development or conversions for which the fee is charged.

B.    Schedule of Public Safety Impact Fees. A public safety impact fee of one dollar four cents ($1.04) per square foot shall be imposed on all new development or conversions. The same impact fee rate shall apply to both residential and nonresidential construction within the city of St. Helena.

C.    There is hereby established and created a fund of the city entitled “public safety impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The public safety impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of facilities and equipment and other capital purposes needed for the city’s fire department and the city’s police department in providing police and fire protection services. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.5)

3.32.060 Civic improvement impact fees.

A.    Findings. The city council finds:

1.    Numerous items of civic improvements are needed to maintain an acceptable level of the existing and future civic activities for all areas of the city of St. Helena.

2.    New development or conversions within the city of St. Helena result in increased usage of residential, commercial, industrial, and other affected properties, which thereby increases the service requirements and the capital equipment requirements of the city’s library, administrative facilities, and other civic facilities. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.

3.    The city must continue to fund civic improvements within the city. These civic improvements include expanding the city hall and the library. These additional capital expenditures are necessary to maintain an acceptable level of the civic activities available in St. Helena within the next fifteen (15) years.

4.    In the absence of the imposition of a civic improvement impact fee upon new development or conversions, the additional capital expenses necessary to maintain an acceptable level of civic services for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the city of St. Helena.

5.    New development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the city of St. Helena.

6.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for libraries, city administration, and other civic improvements and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of new development or conversions for which the fee is charged.

B.    Schedule of Civic Improvement Impact Fees.

1.    A civic improvement impact fee of one dollar ninety-five cents ($1.95) per square foot shall be imposed on all new residential development or conversions.

2.    A civic improvement impact fee of one dollar ninety-five cents ($1.95) per square foot shall be imposed on all new commercial/retail development and conversions.

3.    A civic improvement impact fee of one dollar ninety-five cents ($1.95) per square foot shall be imposed on all new office development and conversions.

4.    A civic improvement impact fee of one dollar ninety-five cents ($1.95) per square foot shall be imposed on all new industrial development and conversions.

5.    A civic improvement impact fee of one dollar ninety-five cents ($1.95) per square foot shall be imposed on all new lodging development and conversions.

C.    There is hereby established and created a fund of the city entitled “civic improvement impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The civic improvement impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of city hall, the St. Helena library, community facilities, and equipment and other capital purposes needed for providing civic services. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.6)

3.32.065 Park impact fees.

A.    Findings. The city council finds:

1.    Additional park facilities are needed to accommodate future growth and maintain an acceptable level of the existing park and recreational facilities for all areas of the city of St. Helena.

2.    New development or conversions within the city of St. Helena result in increased usage of the existing park and recreational facilities throughout the city, which thereby increases the service requirements and the capital equipment requirements of the city’s parks and recreation facilities. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.

3.    The city must continue to fund park and recreation improvements within the city. These park and recreation improvements include developing additional parklands, open spaces, and recreational facilities. These additional capital expenditures are necessary to maintain the public health, safety, and welfare by assuring an acceptable level of the park and recreation facilities is available in St. Helena within the next fifteen (15) years.

4.    In the absence of the imposition of a park improvement impact fee upon new development or conversions, the additional capital expenses necessary to maintain an acceptable level of civic services for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the city of St. Helena.

5.    New development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the city of St. Helena.

6.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for parks and other recreation facilities and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of new development or conversions for which the fee is charged.

B.    Schedule of Park and Recreation Impact Fees.

1.    A park and recreation impact fee of seven dollars sixteen cents ($7.16) per square foot shall be imposed on all new low density (single-family) residential development or conversions.

2.    A park and recreation impact fee of twelve dollars eighteen cents ($12.18) per square foot shall be imposed on all new medium and higher density (multifamily) residential development and conversions.

C.    There is hereby established and created a fund of the city entitled “park and recreation impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The park and recreation improvement impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of playgrounds, community facilities, recreation facilities and equipment and other capital purposes needed for providing park and recreation services.

D.    The park and recreation impact fees imposed by this section shall not apply to residential development that is subject to the dedication of parkland or the imposition of in-lieu fees, or a combination of both, for park and recreational purposes, as a condition of approval of a tentative map or parcel map pursuant to Section 16.28.040, adopted in accordance with Government Code Section 66477(a), otherwise known as the “Quimby Act.” (Ord. 13-2 § 2 (part))

3.32.070 Water impact fees.*

A.    Findings. The city council finds that:

1.    Numerous water system improvements are needed to maintain the existing level of water services for all areas served by the city of St. Helena water enterprise.

2.    New development or conversions within the service area of the city of St. Helena water enterprise results in increased usage of residential, commercial, industrial, and other affected properties, which thereby increases the water service requirements and the capital equipment requirements for the storage, treatment and transmission of the city’s water supply. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.

3.    The city must continue to fund capital improvements to its water system. These capital improvements include updating or replacing water distribution lines, and improving current treatment and storage capabilities. These additional capital expenditures are necessary to maintain an acceptable level of water service within the next fifteen (15) years.

4.    In the absence of the imposition of a water impact fee upon new development or conversions, the additional capital expenses necessary to maintain an acceptable level of water service for the entire service area of the city of St. Helena water enterprise would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the service area of the city of St. Helena water enterprise.

5.    New development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the service area of the city of St. Helena water enterprise.

6.    Part of the costs associated with the capital improvements to the water system and the debt service on earlier funded water projects are apportioned to new development or conversions to accommodate increased demand for water by new residents and businesses and the increased need for water for fire protection purposes for the new structures associated with new development or conversions.

7.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for the water system improvements and the impacts of the types of new development for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of new development and conversions for which the fee is charged.

B.    Schedule of Water Impact Fees.

1.    Every person connecting to the city’s water system or converting unusable to usable floor space in or adding to existing buildings which are already connected to the city’s water system shall pay to the city a water impact fee in accordance with the following schedule:

Single-Family:

$1.68 per sq. ft.

Multifamily:

$1.35 per sq. ft.

Office:

$1.72 per sq. ft.

Industrial:

$2.29 per sq. ft.

Commercial:

$3.33 per sq. ft.

Lodging:

$3.36 per sq. ft.

2.    Every person converting an existing use from one use category (residential, commercial, industrial or office) to another use category shall pay a water impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section, except no water impact fee shall be assessed if a “water-oriented” connection fee had been paid for the building or development project pursuant to the city’s former water connection ordinances.

3.    No water impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.

C.    In addition to the above charges, all expenses and costs of making a water connection shall be borne by the person making the connection. No connection shall be made to a public water supply except by the city or by written permission from the city.

D.    There is hereby established and created a fund of the city entitled “water impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The water impact fund is established for the sole purpose of providing monies for equipment, infrastructure, and other capital facilities needed for the acquisition, storage, treatment, and transmission of water for the city of St. Helena water enterprise, to repay principal and interest on bonds issued for the construction or reconstruction of water projects or facilities, and to repay federal and state loans or advances made to the city for the construction or reconstruction of water supplies facilities or infrastructure. (Ord. 15-7 § 2: Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.7)

*    Code reviser’s note: Section 3 of Ord. 15-7 provides: “Every person who paid Water System Impact Fees at the rates established in Ordinance No. 2013-2 shall be given a refund equal to the difference, if any, between the aggregate Water System Impact fees paid and the aggregate Water System Impact fees established by this ordinance; except no refunds will be paid to persons who received City Council approval of a fee adjustment or waiver during the relevant time period.”

3.32.080 Sewer impact fees.

A.    Findings. The city council finds:

1.    St. Helena has a sewer system that consists of a collection system including public sewers and interceptors leading to the wastewater treatment plant and to the disposal system.

2.    New development or conversions in the city of St. Helena have a significant impact on the sewer system. St. Helena was previously under a sewer connection moratorium where the state of California effectively prohibited any new development and conversions in the city since no new sewer connections were allowed. In order to have the moratorium lifted and to allow for more development in the city of St. Helena, the city incurred debt to upgrade and expand the capacity of the wastewater treatment plant.

3.    The city must continue to fund capital improvements to its sewer system. These capital improvements include updating or replacing sewer lines, improving current treatment capabilities, and promoting the use of reclaimed water. These additional capital expenditures are necessary to maintain an acceptable level of sewer service and wastewater treatment within the next fifteen (15) years.

4.    New development or conversions within the city result in increased usage of residential, commercial, industrial, and other affected properties, which thereby increases the service requirements and the capital equipment requirements for the city’s sewage treatment and disposal system. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.

5.    In the absence of the imposition of a sewer impact fee upon new development or conversions, the additional capital expenses necessary to maintain an acceptable level of sewer service and wastewater treatment for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the city of St. Helena.

6.    New development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the city of St. Helena.

7.    Part of the costs associated with the capital improvements to the sewer system as well as payments on the wastewater debt service are apportioned to new development and conversions to accommodate increased usage of the sewer system and treatment plant by new residents and businesses.

8.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for the sewer system improvements and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of new development or conversions for which the fee is charged.

B.    Schedule of Sewer Impact Fees.

1.    Every person connecting to the city’s sewer system or converting unusable to usable floor space in or adding to existing buildings which are already connected to the city’s sewer system shall pay to the city a sewer impact fee in accordance with the following schedule:

Single-Family:

$0.45 per sq. ft.

Multifamily:

$0.66 per sq. ft.

Office:

$0.44 per sq. ft.

Industrial:

$0.59 per sq. ft.

Commercial:

$0.88 per sq. ft.

Lodging:

$0.87 per sq. ft.

2.    Every person converting an existing use from one use category (residential, commercial, industrial or office) to another use category shall pay a sewer impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section, except no sewer impact fee shall be assessed if a “water-oriented” sewer connection fee had been paid for the building or development project pursuant to the city’s former sewer connection ordinances.

3.    No sewer impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.

C.    In addition to the above charges, all expenses and costs of making a sewer connection shall be borne by the person making the connection. No connection shall be made to a public sewer except by the city or by written permission from the city.

D.    There is hereby established and created a fund of the city entitled “sewer impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The sewer impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of sanitation and sewage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such sanitary or sewage facilities, and to repay federal and state loans or advances made to the city for the construction or reconstruction of sanitary or sewage facilities and infrastructure. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.8)

3.32.090 Storm drainage impact fees.

A.    Findings. The city council finds:

1.    Numerous items of capital infrastructure are urgently needed for the city’s drainage system to maintain an acceptable level of storm drainage from all areas of the city of St. Helena.

2.    New development within the city of St. Helena results in increased usage of residential, commercial, industrial, and other affected properties, which thereby increases the amount of impervious surfaces and irrigation of landscaping which create greater need for and usage of drainage systems within the city. Such increased drainage and usage of the system do not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development.

3.    The city must continue to fund capital improvements to its storm drainage system. These capital improvements include constructing storm drains and storm sewers within the city and conducting a storm drainage and monitoring study. These additional capital expenditures are necessary to maintain an acceptable level of storm drainage within the city in the next fifteen (15) years.

4.    In the absence of the imposition of a storm drainage impact fee upon new development, the additional capital expenses necessary to maintain an acceptable level of the city’s drainage system for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the city of St. Helena.

5.    New development without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the city of St. Helena.

6.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for the drainage improvements and the impacts of the types of development for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of development for which the fee is charged.

B.    Schedule of Storm Drainage Impact Fees.

1.    A storm drainage impact fee shall be imposed on new construction of buildings, driveways, parking lots, sidewalks, walkways, patios, decks, and other similar structures, and upon any construction of additions or conversions to an existing building that increase the impervious surface footprint of the parcel.

2.    The storm drainage impact fee for new development or conversions shall be as follows:

Single-Family:

$0.73 per sq. ft.

Multifamily:

$0.69 per sq. ft.

Office:

$1.65 per sq. ft.

Industrial:

$1.65 per sq. ft.

Commercial:

$1.65 per sq. ft.

Lodging:

$1.28 per sq. ft.

C.    New development constructed, added or converted in the area required to pay the drainage fees imposed under Chapter 17.108 shall not be required to pay the storm drainage impact fee required under this section.

D.    There is hereby established and created a fund of the city entitled “storm drainage impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The storm drainage impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of facilities and equipment and for other capital purposes needed for the city’s storm drainage system and for additional drainage and monitoring studies. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.9)

3.32.100 Traffic mitigation impact fees.

A.    Findings. The city council finds:

1.    New development or conversions within the city of St. Helena result in increased usage of residential, commercial, industrial, and other affected properties, which thereby generates additional traffic within the city and will contribute to the usage and degradation of the existing street infrastructure in the city of St. Helena.

2.    The purpose of this fee is to finance circulation improvements to reduce the impacts of traffic generated by new development within the city.

3.    The city must continue to fund capital improvements to its traffic circulation system. These capital improvements include building new roads, bridges, and traffic control facilities and equipment. These additional capital expenditures are necessary to maintain an acceptable level of traffic circulation and the city’s roadway system within the next fifteen (15) years.

4.    In the absence of the imposition of a traffic mitigation impact fee upon new development or conversions, the additional capital expenses necessary to maintain acceptable traffic circulation for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the city of St. Helena.

5.    The construction of new development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the city of St. Helena.

6.    The facts and evidence presented in the city’s impact fee study establish that there exists a reasonable relationship between the need for the traffic improvements and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee’s use and the type of new development or conversions for which the fee is charged.

B.    Schedule of Traffic Mitigation Impact Fees.

1.    A traffic mitigation impact fee shall be imposed on new development or conversions within the city of St. Helena.

2.    The traffic mitigation impact fee for new development or conversions shall be as follows:

Single-Family Development, Conversions, Additions:

$1.94 per square foot

Multifamily Development, Conversions, Additions:

$2.36 per square foot

Industrial Development, Conversions, Additions:

$3.40 per square foot

Office Development, Conversions, Additions:

$5.36 per square foot

Commercial Development, Conversions, Additions:

$20.89 per square foot

Lodging:

$7.98 per square foot

3.    Every person converting an existing use from one use category (residential, commercial, industrial or office) to another use category shall pay a traffic mitigation impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(2) of this section.

4.    No traffic mitigation impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.

C.    There is hereby established and created a fund of the city entitled “traffic mitigation impact fund” and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The traffic mitigation impact fund is established for the sole purpose of providing monies for the construction and reconstruction of facilities and equipment and other capital purposes needed for traffic circulation improvements in and around the city of St. Helena. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.10)

3.32.110 Developer construction of facilities.

A.    Whenever a developer is required, as a condition of approval of a subdivision, development permit or building permit, to construct a public facility described in the capital improvement projects list, which facility is determined by the city to have supplemental size, length or capacity over that needed to address the impacts of that development, and when construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the applicable impact fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

B.    A developer who installs an off-site improvement as a special mitigation measure for a project which is identified on the capital improvement projects list to be funded at least partially by impact fees may claim credit on such a fee not to exceed the impact fee payable for the development project. The city’s public works director is authorized to allow such credit.

C.    If a developer is dissatisfied with the decision of the city’s public works director regarding a reimbursement agreement or a credit of development impact fees, the developer shall appeal for relief to the city council by filing a written appeal with the city clerk within fifteen (15) days after the disputed decision. The appeal shall state in sufficient detail the basis for the claimed credit. The decision of the city council shall be final. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.11)

3.32.120 Fee adjustment.

A.    A developer of any project, including any new building or addition to or conversion of any existing building, subject to the fees described in Sections 3.32.050 through 3.32.100 may apply to the city council for a reduction or adjustment of the fee(s), or a waiver of the fee(s), based upon the absence of any reasonable relationship between the nature of the impact of the development and either the amount of the fee charged or the type of facilities to be financed.

B.    The application for a fee reduction, adjustment, or waiver shall be made in writing and filed with the city clerk not later than twenty (20) days after the filing of the application for a building permit.

C.    The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at a hearing held within thirty (30) days after the filing of the fee adjustment application. The decision of the city council shall be final.

D.    If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.12)

3.32.130 Definitions.

A.    “Building permit” shall mean the permit required or issued by the city of St. Helena for the construction, improvement or remodeling of any structure pursuant to the city of St. Helena’s building codes.

B.    “City” shall mean the governmental body managing the administrative operations of the city of St. Helena.

C.    “City of St. Helena” shall mean all property located within the geographical area within the city of St. Helena’s city limit line.

D.    “City of St. Helena impact fee study” shall mean the study, including any amendments or revisions thereto, for the financing of facilities and services designated under the capital improvement projects list for the city of St. Helena. This study includes, but is not limited to, a designation of those facilities to be constructed with the impact fees collected under this chapter, the estimated costs of constructing those facilities or providing the services designated therein, and the total use factors or other criteria utilized to arrive at an allocation of the cost of the facilities to the different types of land uses and to new development.

E.    “Conversion” shall mean converting from unusable to usable floor space, or converting the existing use to another use.

F.    “Developer” shall mean any person who is the owner or authorized agent of an owner of any new development within the city of St. Helena.

G.    “Dwelling unit” shall mean a residential dwelling within the city of St. Helena. Each single-family residential unit within a multifamily residential building or development project shall be deemed to be a separate dwelling unit.

H.    “New development” shall mean the original construction of residential, commercial, industrial or other nonresidential buildings, or the addition of usable floor space within existing residential or nonresidential buildings, or the construction of new accessory buildings.

I.    “Owner” shall mean the legal owner(s) or the authorized agent(s) for any owner of property being developed.

J.    “Usable floor space” shall mean any interior space constructed or converted to be used for human occupancy in accordance with the Uniform Building Code. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.13)

3.32.140 Development agreements.

The terms of any development approvals or building permit(s) may be negotiated as part of a development agreement which may require a developer to provide or finance any public projects deemed agreeable to both the developer and the city council. Development constructed under the terms of a development agreement approved pursuant to Chapter 17.156 may be exempted from the payment of any of the impact fees required under Sections 3.32.050 through 3.32.100. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.14)

3.32.150 Inflationary fee increases.

Due to the increases in costs of construction, developing and designing the projects to be financed by the development impact fees set forth herein, such fees shall be automatically adjusted annually commencing July 1, 1998, and every July 1st thereafter. The fee adjustments shall be based on the increase, if any, in the Engineering News Record U.S. twenty (20) city average construction cost index for the June preceding the increase and the June one year prior thereto. (Ord. 13-2 § 2 (part): Ord. 06-6 § 2 (part): prior code § 22.15)