Chapter 7.7
MAJOR STREET DEVELOPMENT
Sections:
7.7.01 Major street development.
7.7.03 Major street development requirements.
7.7.04 Exceptions/additions to major street development requirements.
7.7.06 Notification to property owners.
7.7.07 Major street development fees.
7.7.10 Alternate payment of major street development fees for additions to existing development.
7.7.01 Major street development.
The City hereby establishes a system for the coordinated development of major streets and certain local streets in Service Areas 1, 2, 3, 4 and 5, in a reasonable manner in order to accomplish the following:
(a) To coordinate and integrate development of the planned major street system;
(b) To establish a financing mechanism for major streets which creates as reasonably equitable a system of distribution of costs based upon burdens imposed, benefits received and/or timing of land development as can be achieved under the existing circumstances;
(c) To require construction of major streets, as a condition of development entitlement, approval including acquisition of right-of-way providing for the ultimate installation of the full width street as planned;
(d) To allow for full construction (including extensions beyond the site) of major streets by use of assessment district and/or by partial construction adjacent to the site in conjunction with payment of off-site major street improvement fees, in accordance with Section 7.7.07, Major street development fees, sufficient to complete construction and right-of-way acquisition of the ultimate required roadway (including extensions) when and as the need develops;
(e) To provide incentives for property owners to participate in full street construction at the time of adjacent development, even though their property may not be developed until a later time; and
(f) To provide for fees and for the review of such fees annually and their increase commensurate with any increase in actual construction costs. (§ 1, Ord. 89-32, eff. September 6, 1989; as amended by § 9, Ord. 93-19, eff. August 18, 1993; § 1, Ord. 95-14, eff. June 30, 1995; § 26, Ord. 04-14, eff. May 5, 2004; § 9, Ord. 05-16, eff. July 16, 2005; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.02 Definitions.
When used in this chapter, the following terms shall have the following meanings:
(a) “Actual costs” shall mean those costs for construction of major street improvements as evidenced by a competitive bidding process acceptable to City reflecting the lowest responsible bid.
(b) “Adjacent improvements” shall mean those certain planned major street improvements and applicable right-of-way acquisition starting from the planned ultimate property line and proceeding towards the opposite side of the street, consisting of frontage improvements, outside travel lane and center travel lanes (including median island and landscaping where required), excluding the outside travel lane and frontage improvements on the opposite side of the street from the development, located along and between the prolonged boundaries of the proposed development site perpendicular to the adjacent major street.
(c) “Assisted living facility” shall mean a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.
(d) “Bridge” shall mean culverts, pipelines, and other structures that provide for the passage of streams and canals under major streets.
(e) “City” shall mean the City of Clovis and any other not-for-profit or governmental entity wholly and completely founded, organized and controlled solely by the City.
(f) “Center travel lanes” shall mean those certain planned travel lanes and applicable right-of-way of a major street located adjacent to the centerline (including median island and landscaping, two (2) twelve-foot (12') center travel lanes on a four (4) lane major street and four (4) twelve-foot (12') center travel lanes on a six (6) lane major street). On nonadjacent improvements where a twelve-foot (12') travel lane and a four-foot (4') shoulder are constructed, all of these improvements shall be considered center travel lane improvements. Modifications to previously constructed permanent center travel lane improvements to accommodate site specific development shall not be eligible for reimbursement.
(g) “Deferment” shall mean a recorded document that will become a lien against the property that allows the owner/developer to postpone the installation of certain major street improvements until a time certain based upon finding(s) by the City Council or the City Engineer.
(h) “Development entitlement” shall mean final approval granted by the City for tentative or final tract map, parcel map, conditional use permit, site plan review or building permit.
(i) “Existing facilities” shall mean those related facilities which need to be relocated to accommodate required major streets construction, including, but not limited to, electrical and telephone facilities, irrigation ditches or pipes, private improvements, etc.
(j) “Factored acreage” shall mean the total acreage of land by use as denoted in the General Plan or any specific plan within a service area which will contribute to the traffic demand for and/or will benefit from major street improvements multiplied by the VMT factor associated with such land use. The factored acreage will be the basis for computing the per acre major street development fees to be charged the owner/developer within any service area. The per acre fees will be converted to a per square footage fee for all nonresidential land uses.
(k) “Frontage improvements” shall mean those certain planned major street improvements and applicable right-of-way, including landscaping and irrigation, curb, gutter, sidewalk, drive approach, street lights and remaining portion of parking lane and/or bike lane, that are to be located between the outside travel lane and the property line parallel to the centerline of the major street.
(l) “Gross acreage” shall mean the total area of land receiving approval of a development entitlement, including one-half (1/2) the right-of-way on the boundary streets.
(m) “Improved major cross street” shall mean those certain major streets that currently have at least twenty-four feet (24') of structurally sound pavement and have been constructed to the planned cross-section and grade for said street.
(n) “Industrial” shall generally mean the manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof, in such a manner as to change the form, character, or appearance thereof, including storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprises. For purposes of development impact fees, “industrial” shall include properties zoned C-M, M-1, M-2, and M-P.
(o) “Local street” shall mean those local streets that are not major streets and which provide direct access to adjacent properties.
(p) “Major street” shall mean those certain collectors, arterials, and expressways that are shown on the circulation element of the General Plan or approved specific plans, which, because of the designated location with respect to other streets and other sources of traffic, are used or designed to carry relatively heavy volumes of traffic through an urban area, or between urban areas, or as an approach to a highway or a freeway.
(q) “Nonadjacent improvements” shall mean those certain planned major street improvements and applicable right-of-way acquisition, consisting of the outside travel lane opposite the adjacent improvements plus extension of the planned major street improvements consisting of the center travel lanes, the outside travel lanes, bridges, traffic signals, and related intersection improvements to provide major street development from the project’s adjacent improvements to the nearest improved major cross street serving said project, as planned and determined by the City Engineer, such requirements for projects at major street intersections to be determined by a traffic analysis, provided by the developer, determining which major street will carry the majority of the traffic for the project.
(r) “Office” shall mean any administrative, clerical, or professional office maintained as a business. For purposes of development fees, “office” shall include properties zoned C-P, R-T, and P-F.
(s) “Owner/developer” shall mean any person shown as the owner of land on the last equalized assessment roll or any person entitled to be shown as owner of land on the next assessment roll and/or the authorized representative of the owner of land. City is not an owner/developer.
(t) “Outside travel lanes” shall mean those certain planned travel lanes of a major street that are located between the frontage improvements and the center travel lanes.
(u) “Project” shall mean the physical site for which a development entitlement is given as received.
(v) “Public infrastructure” for purposes of applying fees and exemptions pursuant to this chapter shall mean any City-owned facility or improvement that is funded by a City of Clovis development impact fee including water well sites, booster pump sites that are part of or appurtenant to the City water and recycled water systems, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, sewer lift station sites and police and fire facilities.
(w) “Public facilities” shall mean those that provide for the development of governmental, educational, and public utility facilities owned, leased, or operated by such agencies, districts, public utilities, or other entities created for public purposes by the statutes of the State or by the government of the United States.
(x) (Repealed by § 2, Ord. 22-07, eff. October 12, 2022).
(y) “Retail” shall mean a business selling goods, wares, or merchandise directly to the ultimate consumer. For purposes of development fees, “retail” shall include properties zoned C-1, C-2, C-3, and PCC.
(z) “Special facilities” shall mean those certain planned major street improvements that pertain to and serve a limited service area including, but not limited to, traffic signals, bridges, and other street and/or intersection improvements which are provided to safely accommodate vehicular and pedestrian traffic.
(aa) “Service areas” shall mean those certain areas of the City that are designated as areas of burden and/or benefit for the collection, distribution, and use of related major street development fees.
(1) “Service Area 1” shall consist of all properties within the corporate limits and/or the City’s adopted sphere of influence located north of the centerline of Herndon Avenue, east of the centerline of Willow Avenue, and south of the centerline of Shepherd Avenue.
(a) “Service Subarea R-T” is inside Service Area 1 and shall consist of all properties within the City’s adopted sphere of influence bounded by State Highway 168 to the south, the centerline of the Enterprise Canal to the east and northeast, a line that is one-eighth (1/8) mile south of the centerline of Nees Avenue to the north, and a line that is one-eighth (1/8) mile east of the centerline of Armstrong Avenue to the west; excepting therefrom the area bounded by the centerline of the Enterprise Canal to the east, State Highway 168 to the south, the centerline of Temperance Avenue to the west, and the south property line of the City of Clovis owned property for the trail as described in the grant deed dated 9-11-00, document number 20000110090, or future deeds adjusting the said south trail property line to the north.
(2) “Service Area 2” shall consist of all properties within the City’s corporate limits and/or the City’s adopted sphere of influence located north of the centerline of the Gould Canal, east of the centerline of Fowler Avenue, south of the centerline of Herndon Avenue, and west of the centerline of Locan Avenue.
(3) “Service Area 3” shall consist of all properties within the City’s corporate limits and/or the City’s adopted sphere of influence located north of the City’s southerly sphere of influence boundary, west of the centerline of Fowler Avenue, and south of the centerline of Herndon Avenue.
(4) “Service Area 4” shall consist of all properties within the corporate limits and/or the City’s adopted sphere of influence located east of the centerline of Locan Avenue and south of the centerline of Herndon Avenue.
(5) “Service Area 5” shall consist of all properties within the corporate limits and/or the City’s adopted sphere of influence located north of the centerline of Shepherd Avenue.
(bb) “Service organization” shall mean a voluntary nonprofit organization where members meet regularly to perform charitable works either by direct hands-on efforts or by raising money for other organizations.
(cc) “Traffic signal” shall mean those certain improvements which are provided to safely accommodate vehicular and pedestrian traffic. Said improvement includes, but is not limited to, poles, mast arms, safety lighting, signals, detectors, signal coordination facilities, and pedestrian facilities.
(dd) “VMT factor” shall represent the relative vehicle miles traveled per acre by land use as determined by the Fresno County Council of Governments traffic model and justification reports on file with the City. All factors are relative to Single-Family Residential – Medium Density, which is set at a value of 1.0. The factors shall be as follows:
|
VMT Factor |
Land Use Category (Density Range or Building Square Footage per Acre) |
|---|---|
|
0.1 |
Single-Family Residential – Rural (0 – 0.5 units/gross acre) |
|
0.2 |
Single-Family Residential – Very Low Density (0.6 – 2.0 units/gross acre) |
|
0.7 |
Single-Family Residential – Low Density (2.1 – 4.0 units/gross acre) |
|
1.0 |
Single-Family Residential – Medium Density (4.1 – 7.0 units/gross acre) |
|
1.2 |
Multiple-Family Residential – Medium High Density (7.1 – 15.0 units/gross acre) |
|
2.2 |
Multiple-Family Residential – High Density (15.1 – 30.0 units/gross acre) |
|
3.3 |
Multiple-Family Residential – Very High Density (25.1 – 43 units/gross acre) |
|
2.5 |
Retail |
|
1.1 |
Office |
|
0.5 |
Industrial |
|
1.0 |
Schools |
|
1.1 |
Public Facilities |
(§ 1, Ord. 89-32, eff. September 6, 1989; as amended by § 1, Ord. 90-1, eff. February 21, 1990; §§ 1 and 2, Ord. 90-8, eff. March 22, 1990; § 10, Ord. 93-19, eff. August 18, 1993; § 2, Ord. 95-14, eff. June 30, 1995; Ord. 96-20 eff. December 15, 1996; Ord. 97-9, eff. July 1, 1997; § 12, Ord. 99-5, eff. May 12, 1999; § 2, Ord. 01-13, eff. May 16, 2001; § 1, Ord. 02-12, eff. June 5, 2002; §§ 17, 18, Ord. 03-15, eff. June 18, 2003; §§ 27, 28, 29, Ord. 04-14, eff. May 5, 2004; § 10, Ord. 05-16, eff. July 16, 2005; § 10, Ord. 10-19, eff. January 7, 2011; § 11, Ord. 13-13, eff. July 12, 2013; §§ 4, 5, Ord. 13-25, eff. December 2, 2013; § 2, Ord. 22-07, eff. October 12, 2022; § 4, Ord. 23-11, eff. November 1, 2023)
7.7.03 Major street development requirements.
Every owner/developer and every project receiving a development entitlement shall be required, as a condition thereof, to pay the appropriate major street fees, to construct major street improvements, to relocate existing facilities, and to perform other related matters as follows:
(a) Adjacent improvements.
(1) Frontage improvements. Every owner/developer and/or every project involving every parcel frontage on a major street is required to construct full improvements and provide for City acquisition of the required right-of-way adjacent to the parcel. Credit for actual cost incurred for the portion of the right-of-way within ten feet (10') of the face of curb and the frontage improvements (excluding landscaping) shall be granted against the outside travel lane fee, to the extent the actual costs do not exceed the outside travel lane fee. The developer shall be entitled to reimbursement from the relevant outside travel lane fund for the remaining balance of such costs as provided in this chapter.
(2) Outside travel lane improvements. The owner/developer and/or project is required to construct the outside travel lane improvements and provide for City acquisition of the required right-of-way and shall pay an “outside travel lane fee” calculated as described in Section 7.7.07. Credit for actual cost incurred for right-of-way and improvements shall be granted against the outside travel lane fee, to the extent the actual costs do not exceed the outside travel lane fee. The developer shall be entitled to reimbursement from the relevant outside travel lane fund for the remaining balance of such costs as provided in this chapter.
(3) Center travel lane improvements. For all developments within all service areas, excluding
Service Area 3, the owner/developer is required to construct the center travel lane improvements, provide for City acquisition of the required right-of-way and shall pay a “center travel lane fee” calculated as described in Section 7.7.07. Credit for actual cost incurred for right-of-way and improvements shall be granted against the center travel lane fee to the extent the actual costs do not exceed the center travel lane fee. The developer shall be entitled to reimbursement from the relevant center travel lane fund for the remaining balance of such costs as provided in this chapter.
For all developments within Service Area 3, the owner/developer is not required to construct center travel lane improvements unless the planned major street does not exist, in which case the owner/developer shall construct the center travel lane (one) adjacent to outside travel lane as described in subsection (a)(2) of this section. The developer shall enter into a reimbursable agreement with the City for improvement and right-of-way provided, at the discretion of the City Council.
(4) Bridge improvements. For all developments within all service areas, the owner/developer may be required to construct the bridge improvements and shall pay a “bridge fee” calculated as described in Section 7.7.07. Credit for actual cost incurred for improvements to construct the bridge improvements shall be granted against the bridge fee to the extent the actual costs do not exceed the bridge fee. The developer shall be entitled to reimbursement from the relevant bridge fund for the remaining balance of such costs as provided in this chapter.
(5) Traffic signal improvements. For all developments within all service areas, the owner/developer may be required to construct the traffic signal improvements and shall pay a “traffic signal fee” calculated as described in Section 7.7.07. Credit for actual cost incurred for improvements to construct the traffic signal improvements shall be granted against the traffic signal fee to the extent the actual costs do not exceed the traffic signal fee. The developer shall be entitled to reimbursement from the relevant traffic signal fund for the remaining balance of such costs as provided in this chapter.
(b) Nonadjacent improvements.
(1) Nonadjacent center travel lanes. The owner/developer and/or project shall be required to provide right-of-way acquisition and full improvement of the nonadjacent center travel lane(s) to the nearest improved major cross street serving said development, as planned and determined by the City Engineer, in which case, the owner/developer and/or project shall be eligible for reimbursement for actual costs of same as provided in this chapter. For all developments within Service Area 3, the right-of-way acquisition and construction of the nonadjacent center travel lanes beyond the owner/developer’s property shall not be required, unless for traffic safety reasons, as determined by the City Engineer, in which case the owner/developer shall be required to provide right-of-way acquisition and full improvement of the nonadjacent center travel lane(s) as determined by the City Engineer for traffic safety reasons. The developer may enter into a reimbursable agreement with the City for improvements and right-of-way provided, at the discretion of the City Council.
(2) Nonadjacent outside travel lane(s). The owner/developer and/or project may be required to provide right-of-way acquisition and full improvement of the nonadjacent outside travel lane(s) where the City Engineer determines by traffic analysis that projected traffic generated by the project causes the major street to reach a point at which traffic demand will exceed sixty percent (60%) of planned capacity; in which case, the owner/developer and/or project shall be eligible for reimbursement for actual costs of same as provided in this chapter.
(3) Nonadjacent bridges. The owner/developer and/or project shall be required to construct nonadjacent bridge improvements as needed to accommodate the construction of the required nonadjacent center travel lane(s) and/or the required nonadjacent outside travel lane(s).
(4) Nonadjacent traffic signals. The owner/developer and/or project may be required to construct nonadjacent traffic signal improvements as needed to accommodate the construction of the required nonadjacent center travel lane(s) and/or the required nonadjacent outside travel lane(s).
(c) Special facility improvements. The owner/developer and/or project may be required to contribute a proportionate share in the cost of constructing “special facilities” as described in Sections 7.7.02 and 7.7.07 and/or may be required to provide for City acquisition of the required right-of-way and construction of special facilities; in which case, credit against the special facilities contribution shall be given for the actual costs of such right-of-way acquisition and construction. To the extent such costs exceed such contribution, the owner/developer and/or project shall be entitled to reimbursement from the relevant special facility contributions for the remaining balance of such costs as provided in this chapter.
(d) Right-of-way dedication. The owner/developer and/or project shall dedicate all right-of-way as required for local streets and easements inside project boundaries. Such owner/developer and/or project is to be eligible for reimbursement for actual purchase costs from the appropriate street fee funds.
(e) Right-of-way acquisition. The owner/developer and/or project shall advance the funds necessary to acquire all right-of-way for required nonadjacent improvements and/or special facility improvements and/or relocation of existing facilities to their ultimate location. Such acquisition to be by purchase or by City initiated eminent domain, if required, in accordance with the City’s procedures. Such owner/developer and/or project is to be eligible for reimbursement for actual costs of the acquisition from the appropriate street fee funds.
(f) Relocation of existing facilities. The owner/developer and/or project is required to relocate existing facilities in conjunction with the construction of nonadjacent improvements, and/or special facilities, and shall be eligible for reimbursement of actual costs if said facilities are relocated to their ultimate location. Reimbursement shall be provided by a special facility contribution assessed from the property of which the improvements were relocated within the frontage. (§ 1, Ord. 89-32, eff. September 6, 1989; as amended by §§ 1, 2, Ord. 90-17, eff. May 6, 1990; § 11, Ord. 93-19, eff. August 18, 1993; § 3, Ord. 95-14, eff. June 30, 1995; §§ 10, 11, Ord. 96-10, eff. July 1, 1996; § 30, Ord. 04-14, eff. May 5, 2004; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.04 Exceptions/additions to major street development requirements.
Exceptions and/or additional requirements to those set forth in Section 7.7.03 shall be made as follows:
(a) Smaller parcels in undeveloped areas. Where a parcel two and one-half (2-1/2) acres or less in size receives a development entitlement and the adjacent area is substantially undeveloped or developed with rural uses, the City, as its option, may require payment of the major street development fees and a deferment agreement for the other adjacent improvements in lieu of actual construction.
(b) Advance construction of small parcel adjacent improvements. Where a project adjoins or substantially surrounds a smaller parcel, owner/ developer and/or project may be required to complete the full adjacent site improvements which would normally otherwise be required of the smaller parcel where safety and/or traffic movement warrant. This requirement shall be invoked when:
(1) The smaller parcel is substantially developed and/or not likely to require further development entitlements in the future;
(2) The major street system in the area is otherwise substantially complete and/or traffic volumes make the improvement necessary for traffic safety, such owner/developer and/or project being eligible for credit and/or reimbursement of actual costs for such full adjacent improvements from the relevant outside travel lane fund.
(c) Minor additions or alterations; repairs. Where development entitlements are granted for the purpose of minor addition and/or alteration of any existing single-family residential or related building or structure or reconstruction or replacement of same after damage or destruction, the owner/developer and/or project may enter into a deferment agreement which shall be recorded as a lien against the property, deferring the adjacent improvement requirements and (including payment of the major street development fees) until such time as the parcel is granted a development entitlement which results in new construction of additional residential, commercial, or industrial buildings or structures; provided, that dedication or irrevocable offer of dedication of the full planned right-of-way for the major streets is made at the time of deferment.
(d) Fresno Metropolitan Flood Control District master planned permanent storm drain retention basins shall be exempt from the major street requirements, but shall be responsible for the dedication of right-of-way for one-half (1/2) the adjacent major streets and local streets, and for construction of adjacent outside travel lane and frontage improvements.
(e) Deferments. Deferments of the installation of the required major street improvements may be granted by reason of traffic safety, including traffic volumes and/or physical condition of street, final approval of parcel maps, or the conditions required by the major street ordinance will place an unreasonable financial burden on the project in the light of the purposes of the policy. For a deferment to be granted, certain findings shall be made by the City Council except in the case of safety reasons or parcel maps, which may be granted by the City Engineer. The City Engineer shall make certain findings before granting a deferment for parcel maps and safety reasons.
Any deferment approval shall require the payment of the appropriate major street fees in the amount of which shall be based upon the size of the proposed development and the amount of the existing development located on the property for which the deferment is being considered.
Any deferment approval shall be subject to the developer providing for the City’s acquisition of the necessary right-of-way for the major streets located adjacent to the property.
Deferments shall be conditioned to a time certain such as but not limited to:
(1) An adjacent owner/developer receives a development entitlement subsequent to the owner/developer receiving a deferment, in which case the deferment shall be called so that both developers will share in the center travel lane and/or full width extensions;
(2) The City has a capital improvement project scheduled for the major street where the deferment was granted;
(3) The condition of the major street has deteriorated to the point it becomes unsafe;
(4) The traffic demand upon the major street is increased by the development for which the deferment was granted and/or by adjacent developments to a level where prudent traffic engineering standards warrant the installation of the deferments;
(5) The adjacent owners/developers form an assessment district which includes improvements adjacent to the deferred improvement(s) that would otherwise have been constructed.
The deferment shall be a recorded document that will run with the land and shall be binding on any subsequent owner or holders of liens or encumbrances on the real property of the owner/developer.
The City Council or City Engineer shall approve the call on all deferments when such improvements not installed because of the deferment are now required. (§ 1, Ord. 89-32, eff. September 6, 1989; as amended by § 2, Ord. 90-1, eff. February 21, 1990; § 3, Ord. 90-8, eff. March 22, 1990; § 12, Ord. 93-19, eff. August 18, 1993; Ord. 94-6, eff. March 24, 1994; § 4, Ord. 95-14, eff. June 30, 1995; §§ 11, 12, Ord. 10-19, eff. January 7, 2011; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.05 Right-of-way required.
Notwithstanding anything to the contrary in this chapter, as a condition of City approval for General Plan amendments, zoning, tentative or final tract maps, conditional use permits, parcel maps, site plan review, and/or building permits, owner/developer and/or project shall provide for the City’s acquisition of all planned right-of-way required for major streets in accordance with this chapter. (§ 1, Ord. 89-32, eff. September 6, 1989; as amended by § 13, Ord. 93-19, eff. August 18, 1993; § 5, Ord. 95-14, eff. June 30, 1995; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.06 Notification to property owners.
Prior to constructing any major street improvement along or adjacent to any other property, the owner/developer and/or project shall provide written notice to the owners/developers of the affected properties of the opportunity now either to perform the work or to pay the pro rata share thereof at actual cost or to defer same to some future date which will be at an increased future cost. The owner/developer and/or project shall provide each affected property owner/developer written notice through a certified letter, in a form acceptable to the City, of the options available, including the scope of the work and an estimate of the cost. The notice shall provide a thirty (30) day period for the property owner/developer to notify the owner/developer and/or project and the City in writing of their decision to perform the work (or pay the pro rata share for the same) or to defer the cost until a future time by paying fees and/or costs when a development entitlement is later obtained or granted. Such notice may also set forth options with regard to the acquisition of right-of-way. (§ 1, Ord. 89-32, eff. September 6, 1989; as amended by § 14, Ord. 93-19, eff. August 18, 1993; § 6, Ord. 95-14, eff. June 30, 1995; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.07 Major street development fees.
(a) Fee basis and application. Except as noted below, all fees will be calculated on the basis of estimated total construction and right-of-way acquisition costs of the relevant improvements within the service area divided by the total of the service area’s factored acreage. The major street development fee rates shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost of the public improvement, or portion thereof, attributable to development of which the major street development fees are imposed. The major street development fees shall be included in the Master Development Fee Schedule and shall include an administrative charge, not to exceed the percentage shown in the Master Development Fee Schedule, to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest. The major street development fees shall be based on the following:
(1) Residential projects shall pay major street development fees per dwelling unit. A dwelling unit shall be defined as a room or suite of rooms which is occupied exclusively by one family (adjoining suites shall be considered separate units) for living and sleeping purposes, including a single-family residence, mobile home unit, apartment, townhouse, flat or condominium. Equivalent dwelling unit (EDU) shall mean, in general, a unit of development that is approximately equivalent in impact to the base unit as established in the justification reports on file with the City.
(2) Retail, office, and industrial projects, assisted living facilities, and churches shall pay major street development fees per one thousand (1,000) square feet of building area.
(3) Mini-storage facilities shall pay major street development fees per gross acre and shall be assessed based on the VMT factor associated with industrial land use.
(4) The rates charged for all projects except assisted living facilities, mini-storage facilities, and churches shall be based on the zoning of the property. Retail rates will apply on properties that are zoned C-1, C-2, C-3, and PCC. Office rates will apply to properties zoned C-P, R-T, and P-F. Industrial rates will apply to properties zoned C-M, M-1, M-2, and M-P. For land uses, except those listed above, that are allowed in multiple zone districts the higher of the rate for the land use or the rate associated with the zoning shall apply.
(5) Major street development fees for assisted living facilities shall be assessed at industrial rates regardless of the underlying zoning.
(6) Major street development fees for churches shall be assessed at office rates regardless of the underlying zoning.
(7) When structural additions are added to an existing multifamily residential structure which adds dwelling units, street fees shall be assessed and collected for each new dwelling unit based on the ratio of the additional dwelling units to the total dwelling units including the new dwelling units, multiplied by the total gross acreage of the lot.
(8) No street fees will be required for modifications to existing single-family residential structures meeting the following criteria:
(a) The structure was originally constructed within the City’s corporate limits; or
(b) The structure lies within the City’s original 1912 corporate limits.
(9) The fee for modifications to existing single-family residential add to the building square footage but do not meet the above criteria and have not fully paid street fees shall be based on the ratio of the additional building square footage to the total building square footage including the building addition, multiplied by the gross area of the lot.
(10) When structural additions are added to an existing nonresidential structure which has not fully paid its street fees, street fees shall be assessed and collected based on the new square footage.
(11) All fees will be adjusted annually to reflect actual construction costs or the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December. All fees shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule of the sum of all major street fees to cover the cost of City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest.
(b) Fee categories and coverage.
(1) Outside travel lane fee. This fee shall be for funding the right-of-way (land cost only) and the actual construction cost (plus engineering and inspection) of the frontage improvements and outside travel lane improvements. For purposes of administering the outside travel lane fee and reimbursements on projects approved after the effective date of the ordinance codified in this chapter, landscaping and irrigation facilities between the curb and the property line and right-of-way beyond ten feet (10') from the ultimate face of curb are excluded from the frontage improvements and are not funded by the outside travel lane fee. Project approval means at least one final map has been approved pursuant to an active tentative map or a building permit has been issued pursuant to an approved site plan review.
(2) Center travel lane fee. This fee shall be for funding the right-of-way (land cost only) and the actual construction costs (plus engineering and inspection) of the center travel lane improvements. For all developments in Service Area 3, said fee shall not be required.
(3) Special facility contributions. These are contributions made to fund the actual cost of special facilities, as described in Section 7.7.02, or for the relocation of existing facilities to their ultimate location other than such facilities within the adjacent improvement area bounded by the centerline of the street and the parcel boundaries, and shall be collected at the time of development of the parcel(s) for which said facilities have been relocated.
(4) Bridge fee. This fee shall be for funding the actual construction cost (plus engineering and inspection) of the bridge improvements.
(5) Traffic signal fee. This fee shall be for funding the actual construction cost (plus engineering and inspection) of the traffic signal improvements.
(6) Local street fee. This fee shall be the actual construction costs, including engineering and inspection, plus the right-of-way costs of the portion of street and right-of-way constructed and provided in excess of one-half (1/2) the ultimate required right-of-way.
(c) Exemptions.
(1) Any development considered to be public infrastructure shall be exempt from the payment of center travel lane, outside travel lane, traffic signal, bridge, and administrative fees under this section.
(2) Fresno Metropolitan Flood Control District master planned permanent storm drain retention basins shall be exempt from the payment of center travel lane, outside travel lane, traffic signal, bridge, and administrative fees under this section. The outside travel lane improvement costs and the center and outside travel lane right-of-way acquisition costs along the master planned permanent storm drain retention basins shall not be included in the costs used as the basis for calculating the fee rates as noted above. (§ 1, Ord. 89-32, eff. September 6, 1989; as amended by §§ 3—5, eff. June 6, 1990; § 2, Ord. 92-27, eff. July 22, 1992; § 15, Ord. 93-19, eff. August 18, 1993; § 12, Ord. 93-24, eff. December 1, 1993; § 7, Ord. 95-14, eff. June 30, 1995; § 12, Ord. 96-10, eff. July 1, 1996; §§ 2, 12, Ord. 02-12, eff. June 5, 2002; § 19, Ord. 03-15, eff. June 18, 2003; § 5, Ord. 03-21, eff. August 13, 2003; § 31, Ord. 04-14, eff. May 5, 2004; § 13, Ord. 10-19, eff. January 7, 2011; § 11, Ord. 13-13, eff. July 12, 2013; § 6, Ord. 13-25, eff. December 2, 2013; § 2, Ord. 15-07, eff. May 1, 2015; § 3, Ord. 22-07, eff. October 12, 2022)
7.7.08 Payment of fees.
The fees set forth in Section 7.7.07 shall be due and payable as a condition precedent to and upon the approval of a final tract map, a final parcel map, or a building permit. Payment may be deferred in accordance with the requirements of Chapter 6 of Title 3, or until the issuance of a building permit provided that the owner/developer or persons submits to the City appropriate security, which is acceptable to the City, upon approval of the final tract map and/or site plan. (§ 16, Ord. 93-19, eff. August 18, 1993; as amended by § 13, Ord. 93-24, eff. December 1, 1993; § 8, Ord. 95-14, eff. June 30, 1995; Ord. 97-11, eff. June 5, 1997; Ord. 96-20, amended December 18, 1996; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.09 Reimbursements.
Reimbursements shall be for actual cost. Owners/developers and/or projects shall be eligible for reimbursements, subject to availability of funds.
Within ninety (90) days after submittal of the completed claims for reimbursement, the City will schedule reimbursements to owners/developers. Reimbursements shall be made to projects in the service area in which the construction occurred and the fees were collected from the applicable portions of the designated major street development funds. Reimbursements will occur only to the extent that the particular fund has money available for such purpose. Reimbursements will occur in chronological order of the submittal of the completed claim for actual completion of the specified type of construction. Owners/developers eligible for reimbursement shall register with the City initially and update that register on an annual basis to assist the City in keeping accurate record of its reimbursement obligations. (Ord. 98-4, eff. May 20, 1998; Ord. 96-20, amended December 18, 1996; § 11, Ord. 13-13, eff. July 12, 2013; § 1, Ord. 19-10, eff. September 6, 2019)
7.7.10 Alternate payment of major street development fees for additions to existing development.
(a) As set forth in Section 7.7.07, any major street development fees required shall be a debt owing to the City until paid. This section will allow the owner of developed property an option for the payment of major street development fees to the City when such property is required to pay said fees as set forth in this chapter.
(b) Major street development fees for existing development which adds on may be made in substantially equal monthly installments upon the execution of an agreement setting forth the terms provided in this section.
(1) The owner requesting installment payments shall file an application therefor and pay in advance any application fee required. The application fee shall be set and adjusted by the Director of Finance to cover the cost for processing the application.
(2) The application fee and the total of such charges shall be as designated and shall be collected in accordance with procedures prescribed by the Director of Finance. Such major street development fees shall be owed by and collected from the owner of the property. The division of the charges into periodic payments for the purpose of billing and collection, as provided in this section, or any failure or delinquency in the collection or payment thereof, shall not waive or excuse the payment of any part of the total of such charges due. Any balance due may be collected with any further periodic installment payments, or by the collection of delinquencies from the owners by the exercise of a lien, or otherwise, at the option of the City.
(3) The agreement shall be executed by all record owners of the land requesting the financing.
(4) The agreement shall provide that the interest rate shall not exceed the Federal Fund rate, on the day the agreement is signed, which shall be that Federal Fund rate of the immediate preceding (banker’s) day as reported in the Wall Street Journal.
(5) The agreement shall provide that the whole, or any part, of the balance of charges due at any time under the agreement may be accelerated and paid at any time, at the option of the owner of the property, and that the whole balance of charges due shall be paid upon the sale of the property by the owner.
(6) The agreement shall be of the form and content prescribed by the Director of Finance and approved by the City Attorney.
(c) The payment plan provided for in subsection (b) of this section shall apply only to major street development fees for the property.
(d) This section shall not apply to new construction or payment for major street development fees provided for under procedures regulating the division of land, or to property owned by a government or governmental agency, or whenever the Council has adopted a resolution of intention to construct improvements by special assessments within a district.
(e) The agreement provided for in subsection (b) of this section shall be in the form of a covenant running with the land to be served, and, when it is recorded in the records of the County, the balance of any charges due and to become due shall be a lien upon the land. The following shall apply to the lien and its enforcement whenever charges agreed to be paid have become delinquent under such agreement:
(1) The lien shall attach to the land upon the recording of the agreement in the records of the County.
(2) The Director of Finance shall release the lien upon the payment of all charges due or to become due under the agreement by recording a release thereof.
(3) The lien, when attached to the land, shall have the force, effect, and priority of the judgment lien and shall continue until released by the Director of Finance or an order of a court of proper jurisdiction.
(4) The Council may release all or any portion of the land subject to any such lien or subordinate the lien to other liens or encumbrances if the Council determines that the amount due is sufficiently secured by a lien on other property or that the release or subordination will not jeopardize the collection of the amount due.
(5) A warrant may be issued by the Director of Finance for the collection of any amount due for the enforcement of any lien directed to the sheriff or constable and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy upon the sale of real property pursuant to a writ of execution. The sheriff or constable shall receive, upon the completion of his services pursuant to a warrant, and the Director of Finance is authorized to pay to him, the same fees and commissions and expenses in connection with services pursuant to such warrant as are provided by law for similar services pursuant to a writ of execution; provided, however, fees for publication in a newspaper shall be subject to approval by the Director of Finance rather than by the court. Such fees, commissions, and expenses shall be an obligation of the person or persons liable for the payment of such charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of such charges.
(6) In addition to collection pursuant to subsection (e)(5) of this section, the Director of Finance may sell the property (or any part) subject to the lien pursuant to Section 3052 of the Civil Code of the State. (97-9, Added, 07/01/1997, Adopted by City Council on 4/14/97, effective 7/1/97; § 11, Ord. 13-13, eff. July 12, 2013)
7.7.11 Protest procedures.
An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 11, Ord. 13-13, eff. July 12, 2013)