2010 JANUARY - Laserfiche WebLink

Sections: 3.22.010 3.22.020 3.22.030 3.22.040 3.22.050 3.22.060 3.22.070 3.22.080 3.22.090 3.22.100 3.22.110 3.22.120 3.22.130 Chapter 3.22 PUBLIC FACILITIES FEE Purpose. Terms and definitions. Applicability. Amount of fee. Payment of fee. Credits. Exemptions. Use of funds. Refunds. Appeals. Expiration of fee. Supplementary provisions. Severability. 3.22.010 Purpose. City council finds that the cumulative impact of all new development under the general plan will result in unacceptable decreases in public services. To prevent these undesirable consequences, public facilities must be provided at a rate which will accommodate the expected growth in the city. The city council acknowledges that the demand for public facilities is shared by new devel- opment as well as by existing development. The pro- posed public facilities fee apportions the cost of the nec- essary public improvements among the different catego- ries of new and existing users according to the reasona- bly estimated demand that each group of users places upon public facilities. (Ord. 1764 § 2, 1998) 3.22.020 Terms and definitions. For the purposes of this chapter, the following terms shall have the meanings indicated in this section: A. "Public facilities" means those improve- ments necessary to provide public safety, community facilities, and general municipal facilities identified in the Municipal Facilities Master Plan dated December 7, 1990, and the Public Facilities Technical Report dated September 1998, and other improvements in connection therewith, as may be determined by the city council from time to time, which are not otherwise provided by, or required of development within the city pursuant to Titles 18, 19, and 20 of this code. Public facilities shall also include architectural, administrative, engineering, legal, planning, environmental and other services re- quired in connection with the implementation of this chapter and the construction of the foregoing improve- ments. 77 3.22.010 B. "Developer" means an individual or entity submitting an application for a building permit or other entitlement for development. C. "Development" means: 1. New residential unit, including conversion of existing unit to greater than one unit. 2. New commercial, office, and industrial de- velopment. 3. Additions to existing commercial, office and industrial development greater than 200 gross square feet. D. "Future growth" means the total amount of potential new development in the city permitted under the general plan. Future growth is expressed in terms of gross square footage for industrial and commercial de- velopment, and in terms of the number of dwelling units for residential development. E. "Gross floor area" has the same meaning as set forth in Section 18.08.195 of this code. (Ord. 1764 § 2, 1998) 3.22.030 Applicability. Except as otherwise expressly provided in this chapter, the public facilities fee required under this chapter is payable with respect to each development within the city for which a building permit or other enti- tlement for development is issued on or after the effec- tive date of the fee as adopted in the master fee schedule (on file in the office of the city clerk). (Ord. 1764 § 2, 1998) 3.22.040 Amount of fee. A. The amount of the fee shall be determined by the building division prior to issuance of the building pennit, based upon the master fee schedule (on file in the office of the city clerk). B. In the event a developer is not satisfied with the calculation of the fee by the building division, he or she may request that the type of land use and the amount of the public facilities fee required of the development be determined by the community development director. C. The developer shall be notified in writing of the community development director's determination about the type of land use and the public facilities fee applicable to the development. Such detemtination shall be made within 30 days of the community development director's receipt of the report and any other additional materials reasonably requested to assist in making the determination. The developer may appeal the determina- tion of the community development director to the city council in accordance with the provisions of Section 3.22.100 of this chapter. (Pleasanton Supp. No.3. I -I(1)