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Home My WebLink AboutOrdinance 1556 (Public Facilities Fee)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1556 entitled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING SECTION 3.32 TO THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A PUBLIC FACILITIES FEE FOR DEVELOPMENTS WITHIN SAN RAFAEL" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the NINETEENTH day of DECEMBER , 19 88 published as required by City Charter in the MARIN INDEPENDENT JOURNAL a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the NINETEENTH day of DECEMBER 1988, by the following ,vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 30th day of December 1988. JEANNE �.EONCINI,\Qity Clerk ORDINANCE NO. 1556 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING SECTION 3.32 TO THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A PUBLIC FACILITIES FEE FOR DEVELOPMENTS WITHIN SAN RAFAEL THE COUNCIL OF THE CITY OF SAN RAFAEL ORDAINS AS FOLLOWS: DIVISION 1. Section 14.67.050 of the San Rafael Municipal Code is deleted and Chapter 3.32 is added to the San Rafael Municipal Code as follows: Chapter 3.32 PUBLIC FACILITIES DEVELOPMENT FEES ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS 3.32.010 Title 3.32.020 Purpose 3.32.030 Definitions ARTICLE 2. PUBLIC FACILITIES FEES 3.32.040 Public Facilities Fees Established 3.32.050 Use of Fee Revenues 3.32.060 Developer Construction of Facilities 3.32.070 Establishment of Zones of Benefit 3.32.080 Fee Adjustments 3.32.090 Enforcement 3.32.095 Effective Date I -�U!R, I INA[ ORDINANCE NO. 1556 ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS 3.32.010 Title. This chapter may be cited as the City of San Rafael Public Facilities Fee Law. 3.32.020 Purpose. In order to implement the goals and objectives of the City of San Rafael's General Plan, and to mitigate the impacts caused by future development in San Rafael, certain public facilities must be constructed. The City Council has determined that public facilities fees are needed in order to finance these public facilities. In establishing the fees described in the following sections, the City Council has found the fees to be consistent with its General Plan, and, pursuant to Government Code Section 65913.2, has considered the effects of the fees with respect to the City's housing needs as established in the Housing Element of the General Plan. 3.32.030 Definitions. "Development" means any new construction or use that requires the issuance of a building permit or other City use entitlement. "Development Permits" means a building permit required by and issued pursuant to Chapter 12 of this code, or other City use entitlements including but not limited to conditional use permits, environmental design review permits, zone changes, variances or land subdivisions required by Chapters 14 and 15 of this code. "Public Facilities" includes but is not limited to public improvements, public services, and community amenities. "Reimbursement Agreement" shall mean an agreement between the City anc a developer to refund an identified amount of money. ORDINANCE NO. 1556 "Zone of Benefit" is an identified subarea of the City within which fees arE collected for construction of public facilities located within that subarea. ARTICLE 2. PUBLIC FACILITIES FEES 3.32.040 Public Facilities Fees Established. Public Facilities fees are hereby established on issuance of development permits for development in the City of San Rafael to pay for needed public facilities and improvements. The City Council shall, in subsequent Council resolutions, set forth the amount of each such fee so established, describe the benefit and impact area on which each fee is imposed, identify the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments, and set forth time for payment. 3.32.050 Use of Fee Revenues. The revenues raised by payment of the public facilities fee shall be placed in separate and special accounts as provided by Council resolution and such revenues, along with any interest earnings on that account, shall be used for the following purposes: a. to pay for planning, design and construction of designated public facilities as identified in the resolution establishing each fee; b. to reimburse the City for public facilities constructed by the City with local funds from other sources; or c. to reimburse developers who have constructed designated public facilities having size, length or capacity beyond that needed to mitigate impacts of the individual development project; 3 ORDINANCE NO. 1556 d. to pay for and/or reimburse costs of development and ongoing administration of the Public Facilities Fee program. 3.32.060 Developer Construction of Facilities. Developers may be required to construct public facilities designated to be financed with public facilities fees in lieu of paying a development fee. If a developer is required, as a condition of approval of a development permit, to construct a public facility that has been designated to be financed with public facilities fees and if the facility has size, length or capacity beyond that needed to mitigate impacts of that development, a reimbursement agreement with the developer shall be offered. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development. 3.32.070 Establishment of Zones of Benefit This section authorizes the City Council to establish zones of benefit by resolution. Fees collected from such zones will be expended only in those zones for area -specific public facilities projects. 3.32.080 fee Adjustments. A developer of any project subject to the fee described in Section 3.32.04( may apply to the City for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the adverse impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than (1) 15 days prior to the public meeting on the development permit application for the project; or (2) if no development permit other than a building permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for 4 ORDINANCE NO. 1556 the claim of waiver, reduction, or adjustment. The Planning Commission shall consider the application at the public meeting on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the Planning Commission may be appealed to the City Council, whose decision shall be final. if the reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. 3.32.090 Enforcement The fees imposed under this ordinance shall be enforced, if payment is not made, as a lien against the property. 3.32.095 Effective Date The effective date of this ordinance is December 19, 1988. DIVISION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of the ordinance. The Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3, This ordinance is adopted pursuant to California Government Code Section 36937 (b) and is hereby declared to be an urgency measure necessary for the immediate preservation of the public health anc safety in that the provisions of AB 1600 become effective throughout California on January 1, 1989 and it is necessary to have this legislation in place on or before said date so as to permit imposition of developer fees in connection with the processing of discretionary land use approvals E9 ORDINANCE NO. 1556 DIVISION 4. This ordinance is hereby declared to be an urgency measure and shall be in force and effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the City of San Rafael. / LAWRENCE E. MULRYAN, Mayor Attest: J NE M. LEONCINI, City Clerk STATE OF CALIFORNIA ) COUNTY OF MARIN ) ss. CITY OF SAN RAFAEL ) I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, certify the foregoing ordinance was passed by the City Council of the City of San Rafael, California, by a vote of four-fifths (4/51hs) of the members thereof, at a regular meeting held on the 19th day of December. 1988 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None JEA KNE M. LEONCINI, City Clerk 53