ORD 2192 - Laserfiche WebLink

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 permit, 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 capital 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 capital facilities fee applicable to the development. Such determination 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 determination of the community development director to the city council in accordance with the provisions of Section 3.22.100 of this chapter. D. The amount of the fee shall be subject to an annual inflation adjustment on January 1st of each year based upon the Engineering News Record Construction Cost Index for the San Francisco—Bay Area. E. The amount of the fee shall be reviewed at least every four years. 3.22.050 Payment of fee. A. The full amount of the fee shall be paid at the time of issuance of the building permit. B. No city official may issue a building permit, certificate of occupancy, or certify a final inspection, as the case may be, for a development until the capital facilities fee, with respect to such development required by this chapter, is paid in accordance with this section. C. The city shall not accept prepayments of the capital facilities fee, unless prepayment is authorized in a development or other agreement. 3.22.060 Credits. If the developer desires to construct a public facility, the developer and the city may enter into an agreement regarding a credit against capital facilities fees due. 3.22.070 Exemptions. Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the capital facilities fee otherwise required by this chapter: A. Residential development consisting of the repair or replacement, on a one-to-one basis. B. Commercial or industrial development consisting of the repair or replacement of structures, provided, that such repair or replacement does not result in any conversion or change in land use, or any enlargement of gross floor area beyond that of the previous structure. 3.22.080 Use of funds. The fees paid pursuant to this chapter shall, except for temporary investments, be placed in a separate fund in a manner to avoid commingling of the fees with other revenues or funds of the city, and shall be used solely for the purpose of acquiring and constructing the public facilities identified by the city council in the capital facilities master plan or facilities included in the city's capital improvement program. Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purposes set forth in this section. 3.22.090 Refunds. Refunds may be made where: A. Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a development for which the fee required under this chapter has been collected; provided that the claim for such a refund is filed no later than six months after the expiration date of the building permit, or any extension thereof as may have been approved by the city, as the case may be; or