Chapter 4.12
HUMBUG-WILLOW CREEK FEE
Sections:
4.12.030 Establishment and administration of Humbug-Willow Creek fund.
4.12.040 Payment of Humbug-Willow Creek fee.
4.12.050 Amount of Humbug-Willow Creek fee.
4.12.080 Inflationary adjustments.
4.12.090 Adoption in compliance with improvement plan.
4.12.010 Purpose.
The city council finds and declares that the purposes of this chapter are as follows:
A. The General Plan of the city identifies the long-range planning effort to develop the Humbug-Willow Creek Parkway.
B. New development, and the expansion of existing development within the city, generates additional population and the need for financing the planning and construction of recreational trail, and passive recreational amenities along the Humbug-Willow Creek Parkway.
C. Analysis of the land use expected at buildout of the city pursuant to the General Plan makes it possible to estimate the number of dwelling units to be constructed, the population generated by those dwelling units and the square footage of commercial and industrial projects within 400 feet of the Humbug-Willow Creek Parkway. It is therefore possible to arrive at a fee, based on population and employees, which equitably spreads the burden of financing trail and recreation facilities to those who create the need for them and utilize them. It is the intent of this chapter to create such a fee, spreading costs of trail and recreational amenities to those who create the need for such facilities, without generating any surplus to the general fund. It is a further purpose of this chapter to implement the General Plan by assuring that the Humbug-Willow Creek Parkway is financed and provided to serve the future needs of the city.
D. The Humbug-Willow Creek Parkway master plan has been adopted by the city council.
E. The Humbug-Willow Creek recreation trail systems development impact fee study estimated the cost for planning, design, land acquisition/easements, contingencies and construction of the trails to be $4,553,912. Of this amount, $2,538,993 is to be funded by the Humbug-Willow Creek fee imposed by this chapter, or other city-approved financial mechanism. The facilities to be funded by the Humbug-Willow Creek fee include certain, but not necessarily all, of the facilities identified in the Humbug-Willow Creek recreation trail systems development impact fee study.
F. The fee established by this chapter is in addition to any other fees or charge, or taxes, required by law or City Code as a condition of development, including, but not limited to, the residential construction tax levied by Chapter 17.90, capital improvement—new construction service charge levied by Chapter 17.92, drainage fees levied by Chapter 17.95, Quimby Act fees levied by Chapter 16.32, major road fees levied by Chapter 12.04, and Chapter 4.10, Park Improvement Fee.
G. The fee established by this chapter is to be collected for Humbug-Willow Creek Parkway development for which an account shall be established and funds appropriated, and for which a proposed construction schedule shall be adopted.
H. The failure to impose the conditions and regulations of this chapter relating to payment of the fee on building permits would jeopardize residents of the community, in that it would permit construction and development to proceed without adequate trail and recreation facilities or means of financing such facilities.
I. The fee imposed by this chapter is necessary in order to assure compliance with the applicable General Plan requirements that new development bear the cost for recreational trail and recreational facilities which is needed to serve such development.
J. That for a period of greater than 10 days prior to adoption of the ordinance codified in this chapter, data has been available to the public, and to developers and their representatives, indicating the cost or estimated cost of all the facilities to be funded, the revenue sources anticipated, and the method of spreading these costs.
K. That the city council has considered the effect of the fee imposed by this chapter with respect to the housing needs of the city as a whole and of the region, particularly as required by the housing element of the General Plan, and the city council finds that this chapter does not unduly adversely affect the city’s ability to provide for such needs. (Ord. 797 § 1 (part), 1994)
4.12.020 Definitions.
The following words are defined for purposes of this chapter:
“Building permit” means the permit issued or required by the city for the construction of any structure pursuant to and as defined by the building code.
“Dwelling unit” means a building or part of a building designed for occupancy as a residence by a family.
“Facilities” means improvements as identified in the Humbug-Willow Creek master plan such as, but is not limited to, bicycle trails, pedestrian trails, information kiosks, picnic tables, benches, safety lights, signage, etc.
“Fee” means the fee established by this chapter. The fee shall be collected prior to the issuance of any building permit. The fee shall be used solely to finance the facilities.
“Humbug-Willow Creek Parkway” means the open space area as depicted on the 1988 General Plan map along Humbug and Willow Creeks, or as determined on a project by project basis.
“Plan” means the Humbug-Willow Creek Parkway master plan prepared by the community development department. The plan is on file in the city offices of the community development director and the city clerk.
“Study” means the Humbug-Willow Creek recreational trail system impact fee study dated May 1994 by Economic and Planning Systems. The study is on file in the offices of the community development director and the city clerk. (Ord. 797 § 1 (part), 1994)
4.12.030 Establishment and administration of Humbug-Willow Creek fund.
The finance director is directed to establish a special fund entitled the Humbug-Willow Creek fund. All fees collected pursuant to this chapter shall be deposited in the fund and shall be expended solely to finance the planning, construction and development of the facilities. (Ord. 797 § 1 (part), 1994)
4.12.040 Payment of Humbug-Willow Creek fee.
The fee shall be imposed upon all newly constructed residential structures and on industrial, office and commercial structures located within the 400-foot boundary of the Humbug-Willow Creek Parkway. Except as otherwise provided by this chapter, the fee imposed pursuant to this chapter shall be paid at or prior to the issuance of any building permit for a structure which is subject to this chapter. Calculation of the fee has been determined in accordance with the studies and this chapter depending upon the type of residential development and the location and size of commercial, office or industrial development. (Ord. 797 § 1 (part), 1994)
4.12.050 Amount of Humbug-Willow Creek fee.
The fee shall be established in accordance with a resolution to be adopted by the city council. (Ord. 797 § 1 (part), 1994)
4.12.060 Exempt development.
A. No fee shall be charged for the following developments or projects:
1. Completed structures;
2. Structures under construction for which a valid building permit is in force upon the effective date of the ordinance codified in this chapter;
3. Construction within a subdivision which is covered by a development agreement entered into between the developer and the city under Government Code Section 65864 et seq., which agreement is in full force and effect and expressly prohibits or limits the imposition of Humbug-Willow Creek fees.
B. If any residential structure in existence at the time of the adoption of the ordinance codified in this chapter is destroyed by fire, explosion, act of God or act of public enemy to the extent of more than one-half the value thereof, any rebuilding after the date of such destruction shall not be subject to the fee imposed by the chapter provided the area of such structure is not increased by more than 10 percent. For the purposes of this chapter, the value shall be determined by the city building inspector based upon the cost of replacement.
C. Additions to existing commercial or industrial structures within 400 feet of the Humbug-Willow Creek Parkway shall be subject to the fee established by the chapter. (Ord. 797 § 1 (part), 1994)
4.12.070 Fee adjustments.
A. The developer of any project subject to the fee established by this chapter may apply to the community development director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 20 calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his/her decision in writing not later than 45 calendar days after the filing of the fee adjustment request. Any persons aggrieved by the decision of the director may, within 20 calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within 45 calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other purpose, until a final decision pursuant to this section has been made.
B. Notwithstanding the provision of subsection A of this section, a project proponent or applicant may pay the fee “under protest” and receive a building permit. An application for reduction or adjustment pursuant to subsection A of this section shall be filed with 10 calendar days after payment under protest and if not so filed, any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant this subsection is made, a refund to the applicant shall be made of the amount by which the fee is reduced or adjusted.
C. The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee or the facilities to be financed by the fee, and the particular project.
D. In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall be subject to the owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required. (Ord. 797 § 1 (part), 1994)
4.12.080 Inflationary adjustments.
The fee established by this chapter shall automatically be adjusted each fiscal year by a percentage equal to the change in construction costs since the prior fiscal year as determined by the finance director based upon Engineering News Record (or similar publication) construction cost index. The determination shall be reported in writing to the city council by the director as soon as the information is available. The city council shall to the forthwith make such adjustment by resolution. (Ord. 797 § 1 (part), 1994)
4.12.090 Adoption in compliance with improvement plan.
When the moneys in the Humbug-Willow Creek fund are expended, the fees shall be used to finance the planning, acquisition, construction and development of the facilities. To the extent sufficient fees are available, all facilities financed by the fees shall be constructed or acquired in accordance with the priorities established by the city council. (Ord. 797 § 1 (part), 1994)