Albany City Zoning Code
§ 20.56
CAPITAL FACILITIES FEE
§ 20.56.010 Purpose and Authority.
[Ord. No. 89-004, § III; Ord. No. 91-06; Ord. No. 04-09]
In order to implement the goals and objectives of the Albany General Plan and provide consistently high quality service to residents of the City of Albany, improvements to existing public facilities and new public facilities must be constructed. The City Council has determined that new development increases demand on public facilities and that a capital facilities impact fee is necessary in order for new development to pay a share of the construction costs of these improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with the Albany General Plan. This chapter is adopted pursuant to the provisions of the City of Albany Charter and the Statutes of the State of California.
§ 20.56.020 Description.
[Ord. No. 89-004, § III; Ord. No. 91-06; Ord. No. 04-09]
A.
Capital Facilities Fee is hereby established on issuance of certain building permits and subdivision maps for development in the City of Albany to pay for needed improvements to capital facilities and new capital facilities. This Capital Facilities Fee shall be in addition to all other charges for approvals and permits required by other ordinances and resolutions of the City of Albany. The City Council shall, in Council resolution, set forth the specific amount of the fee, the types of development upon which the fee is imposed, list the specific facilities to be financed, and set forth the time for payment. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.
§ 20.56.030 Definitions (A-Z).
[Ord. No. 89-004, § III; Ord. No. 91-06; Ord. No. 04-09; amended 1-16-2024 by Ord. No. 2023-07]
Means a project consisting of new construction (or addition to the gross floor area) of one (1) or more buildings or structures for the purpose of business, commercial, office, industrial, warehouse, or similar use.
Means the total horizontal area in square feet of all floors within the exterior wall of a building, but not including the area of unroofed inner courts or shaft enclosures.
Means a project consisting of new construction of one (1) or more residential buildings, including condominiums, mobile homes, new and legalized Accessory Dwelling Units, or an addition to the gross floor area of a residential structure or an accessory structure.
[Amended 1-16-2024 by Ord. No. 2023-07]
§ 20.56.040 Limited Use of Fees.
[Ord. No. 89-004, § III; Ord. No. 91-06; Ord. No. 04-09]
The revenues raised by payment of this fee shall be placed in a separate and special account. Such revenues, along with any interest earnings on the special account, shall be used solely to:
§ 20.56.050 Developer Construction of Facilities.
[Ord. No. 89-004, § III; Ord. No. 91-06; Ord. No. 04-09]
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to subsection 20.56.020 which facility is determined by the City to have supplemental size, length or capacity over that needed for the impact of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this section on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.