Martinez City Zoning Code
CHAPTER 22
55 IMPACT MITIGATION FEES
§ 22.55.010 Purpose.
This Chapter requires that impact mitigation fees be charged as a condition of approval of a development project in order to defray the cost of public services, facilities, improvements and amenities, the need for which was generated by the development project. The cost of developing and administering the City's impact mitigation fee program established to implement this Chapter may be included as a component of the fee amounts, which are established by Council resolution. This Chapter is not intended to and does not apply to: regulatory and processing fees; fees required under a development agreement; funds collected under a reimbursement agreement; or assessment district proceedings, assessments or taxes; or fees specified in California Government Code Section 66477.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.020 Definitions.
For purposes of this Chapter, the following terms shall have the following meanings:
A.
"City"
means the City of Martinez, including its future boundaries.
B.
"Developer"
means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City.
C.
"Development"
means the construction, alteration, extension, enlargement or addition of any building or structure within the City. "Development project" shall have the same meaning as specified in Cal. Government Code Section 66000(a).
D.
"Director" or "community development director"
means the Director of the Department of Community Development or his or her designee.
E.
"Industrial development" or "industrial"
means warehouse, industrial, manufacturing and research and development ("R & D") buildings.
F.
"Impact mitigation fee" or "IM fee"
means any one of the five impact mitigation fees established pursuant to Section 22.55.030 of this Chapter.
G.
"Impact mitigation fee technical report" or "technical report"
refers to the current and subsequent "technical reports" to be undertaken in order to establish, justify and update IM fee amounts, which are approved by City Council resolution.
H.
"Multi-family dwelling"
means any building or portion thereof which is occupied, or intended for occupancy, as the same residence of 2 or more families living independently of each other and doing their own cooking in such building, including, but not limited to, duplexes, triplexes, fourplexes, apartments, flats, condominiums, and townhouses. "Multi-family dwelling" also includes accessory dwelling units created on a lot with a primary single-family dwelling.
I.
"Office development" or "office"
means professional, medical, and administrative office buildings.
J.
"Public facility or facility(ies)"
means public facilities as defined in Subsection (d) of Section 66000 of the California Government Code, and also includes, but is not limited to, capital improvements for transportation and transit facilities, parks and recreation facilities, public safety facilities and such other facilities as may be identified in the technical report.
K.
"Retail development" or "retail"
means retail stores, commercial service shops and hotel buildings.
L.
"Single-family dwelling"
means an attached or detached single-family residential dwelling occupied or intended for occupancy by one household.
(Ord. 1310 C.S. § 3 Exh. A, 2004; Ord. No. 1447, § 13, 7/19/2023)
§ 22.55.030 Impact mitigation fees-Requirement established.
A.
General. There is hereby established, re-established and imposed as part of the City's approval of every development project the requirement and condition that the development's developer pay to the City an impact mitigation fee (IM Fee) for the purposes and in the amounts specified herein below. The amount and the calculation of each IM fee shall be established by City Council resolution and shall be based upon the following principles:
1.
Each type of development will pay only for construction of those public facilities where there is a reasonable relationship between the facilities funded and needs for the public facility created by the development.
2.
Each type of development shall contribute to the funding of the facilities made necessary, in whole or in part, by that development in proportion to the need for the facilities created by that type of development.
B.
Categories of public facilities for which fees are required. Pursuant to the considerations of this Section, and in amounts that shall be established by Council resolution, an IM fee shall be paid for each and all of the 5 categories of public facilities listed below:
1.
Transportation;
2.
Parks and recreation facilities;
3.
Cultural facilities;
4.
Police facilities;
5.
Child care (facilities in lieu fees) as required by Chapter 22.49 of the Martinez Municipal Code.
C.
Type of development. The categories of land uses and types for which IM fees will be imposed are:
1.
Single-family dwelling;
2.
Multi-family dwelling;
3.
Retail development;
4.
Office development;
5.
Industrial development.
The IM fee shall, in part, be based on the estimated level of facilities needed by each type of development.
D.
Fee unit.
1.
Residential. A specific IM fee amount, established for each type of residential development, shall be charged for each new dwelling unit.
2.
Retail, office and industrial. A specific IM fee amount, established for each retail, office and industrial development, shall be charged for each retail, office and industrial development, respectively.
E.
Public facilities improvements. The amount of the IM fee applicable to each type of development shall be based on the percentage of the cost of the public facilities improvements attributable to new residential, retail, office and industrial development as determined in the technical report. The improvements included in the total costs upon which the IM fee shall be based shall be set forth in that report and shall not include the costs of improvements needed to alleviate existing deficiencies in the City's public facilities, if any exist.
F.
Amount of impact mitigation fees-formula. The amount of each impact mitigation (IM) fee shall be established by Council resolution and may be amended from time to time. The fee shall be determined as follows, as reflected in the technical report:
1.
Estimate total public facilities costs attributable to each type of new residential, retail, office and industrial development.
2.
Divide the cost attributable to new single-family development by the total number of new single-family dwelling units expected under buildout. The result is the IM fee to be charged on the development of each new single-family dwelling unit in the City.
3.
Divide the cost attributable to new multi-family development by the total number of new multi-family dwelling units expected under buildout. The result is the IM fee to be charged on the development of each new multi-family dwelling unit in the City.
4.
Divide the cost attributable to new retail development by the total number of new retail building square feet expected under buildout. The result is the IM fee to be charged on the development of each new square foot of retail development in the City.
5.
Divide the cost attributable to new office development by the total number of new office building square feet expected under buildout. The result is the IM fee to be charged on the development of each new square foot of office development in the City.
6.
Divide the cost attributable to new industrial development by the total number of new industrial square feet expected under buildout. The result is the IM fee to be charged on the development of each new square foot of industrial development in the City.
G.
Amount of impact mitigation fees-adjustments. Fee amounts shall be included in the technical report, and shall be updated periodically to reflect changes in construction costs, development schedules, availability of other funds and other factors. The Council's fee resolution may require that fees be automatically adjusted each year to reflect changes the cost of the public facilities, based on a widely accepted regional cost index.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.040 Impact mitigation fees-when applicable.
Except as otherwise expressly provided herein, the impact mitigation fees required hereunder shall be payable with respect to:
A.
All development within the City for which building permits, development permits or other entitlements for development are issued on or after the effective date of this Chapter; and
B.
All development within the City for which a development permit issued prior to the effective date of this Chapter for which said development permit was granted or issued subject to a condition requiring the developer to pay impact mitigations fees to be imposed upon all new residential, office, retail and/or industrial development, as the case may be, within the City and the fee remains unpaid or is not otherwise satisfied prior to the effective date hereof.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.050 Fee exemptions.
The following development projects shall be exempt, in whole or in part, from the requirement to pay impact mitigation (IM) fees:
A.
Any alteration or addition to an existing residential unit, except in cases where a residential unit or units are added to single-family residential unit(s) or to an existing multi-family residential unit;
B.
Except as provided in California Government Code Section 66011, any replacement or reconstruction of an existing residential structure that has been destroyed or demolished provided that the building permit for reconstruction is obtained within 1 year after the building was destroyed or demolished unless the replacement or reconstruction increases the square footage of the structure 50% or more;
C.
Except as provided in California Government Code Section 66011, any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished provided that the building permit for reconstruction is obtained within 1 year after the building was destroyed or demolished unless the replacement or reconstruction increases the square footage of the structure 500 square feet or more;
D.
Any development projects exempt pursuant to state or federal law;
E.
Development projects governed by a development agreement in which development impact fees are specifically delineated, calculated or imposed in lieu of the IM fees required by this Chapter.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.060 Time of payment.
Pursuant to and as permitted by California Government Code Section 66007(b), the time for payment of impact mitigation (IM) fees shall be either the issuance of a building permit, grading permit, or approval of a final subdivision map, whichever occurs first.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.070 Notice to applicant of fee requirement.
At the time of approval of a development project or at the time of the imposition of the IM fees, the City shall provide to the project applicant a statement of:
A.
The amount of the IM fee and the public facilities that the fee will be used to finance (Government Code Section 66006(f)); and
B.
Notification that the 90-day period in which the applicant may protest has begun (Government Code Section 66020(d)).
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.080 Use and reimbursement of fees.
A.
The revenues raised by payment of the impact mitigation (IM) fee shall be placed in a separate City fund. Separate and special accounts within this fund shall be used to account for such revenues, along with any interest earnings on each account. The revenues (and interest) shall be used for the following purposes:
1.
To pay for the costs of implementing the facilities and programs and/or the costs of design, engineering, right-of-way or land acquisition and construction of the facilities and reasonable costs of outside consultant studies related thereto;
2.
To the extent permitted by law, to reimburse the City for the facilities constructed or programs implemented by the City from other funds;
3.
To reimburse developers or City who have designed and constructed facilities or implemented programs which are oversized with supplemental size, length, or capacity; and/or
4.
To the extent permitted by law, to reimburse costs of program development and/or implementation and ongoing administration of the fee program.
B.
Fees in these accounts shall be expended only for the facilities and only for the purpose for which the fee was collected.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.090 Fee credits.
A.
Where a developer and the City Council agree that in connection with the approval of a development project certain facilities shall be constructed by the developer, the total amount of the IM fee otherwise payable by the developer shall be reduced in accordance with the construction cost of the facilities as agreed between the developer and the City Council. Said agreement may provide for reimbursement to the developer of construction costs in excess of the fee otherwise applicable. No credit shall be allowed for the cost of construction of improvements, which are not, identified facilities. In the event the City and the developer agree that the developer shall construct certain facilities, the developer shall enter into an agreement with the City providing for the construction of such improvements based upon plans and specifications prepared by the developer and approved by the City Engineer and providing adequately therefore. The foregoing shall not limit the right of the City to require the construction and/or dedication of improvements which the City otherwise may require under any other ordinance, resolution, rule or policy of the City of Martinez, the Subdivision Map Act, the California Environmental Quality Act, or other federal, state or local rule or ordinance.
B.
Where development occurs within an assessment district, fee benefit area, community facilities district, or an area which is otherwise subject to an assessment fee or special tax collected specifically to defray the costs of providing or constructing certain facilities, programs or public improvements as identified herein, some or all of which the developer of said development constructs as part of his/her development, the developer shall be entitled to a credit in an amount equal to that portion of the construction cost of the facilities included in such assessments, fees or special taxes which will be contributed by the developer.
C.
In no event shall a developer be entitled to a credit in excess of the fee otherwise payable pursuant to this Chapter.
D.
In no event shall a developer be entitled to more than 1 credit for the construction of the same facility.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.100 Annual review.
The impact mitigation fees established by this Chapter and the implementing Council resolution(s), the accumulated fee funds and their appropriation and supporting documentation, may be reviewed annually by the City Council in a manner which conforms with applicable laws.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.110 Termination of fee requirement.
The City shall not collect an impact mitigation fee established by this Chapter once funds sufficient to construct residential, retail, office and industrial development's share of all facilities described in the then current technical report and its appendices have been collected.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.120 Fee adjustment, waiver or finding of exemption.
A.
The developer of a development project subject to an IM fee under this Chapter may apply to the Community Development Director for an adjustment to or waiver of that fee or for a finding that the project is exempt from the fee. The waiver or adjustment of an IM fee shall only be granted if the developer establishes, by a preponderance of the evidence, that the City, in establishing and/or imposing the challenged IM fee, failed to comply with applicable state law and/or this Chapter. Additionally, in the case of new residential development providing low and/or moderate income housing, the City Council may grant a waiver of all or a portion of the IM fee if the developer demonstrates that the development would not be economically feasible and could not be built with the imposition of the full fee.
B.
The application shall be made in writing and filed with the Community Development Director no later than 60 days after the time of the development project's approval or later than the time of the issuance of a building permit, whichever is to occur first. The application shall state completely and in detail both the applicant's factual basis and legal theory for adjustment or waiver, and compare its proposal with the analysis set forth in the technical report prepared for the fee being challenged. The Community Development Director may refuse to consider factual assertions or legal theories not set forth in the written application.
C.
The Community Development Director shall consider the application at an informal hearing, which may be continued from time to time, and which shall be held within 60 days after the filing of the complete application. The decision of the Community Development Director is appealable under Section 22.55.140.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.130 Developer's acknowledgement of fee adjustment, waiver or exemption.
The Community Development Director may require as a condition of adjustment, waiver or a finding of exemption that the developer provide a recordable document in a form acceptable to the Director acknowledging the factual basis of such adjustment, waiver or exemption and further acknowledging that a subsequent change of facts may result in the requirement that additional IM fees be paid.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.140 Appeal procedure.
The Community Development Director is responsible for administering, collecting, crediting, adjusting and refunding development fees. The Director's administrative decision(s) regarding the above is appealable in accordance with Section 22.06.050. A person appealing under this Section shall have first sought a fee credit under Section 22.55.090, or an adjustment or waiver, or a finding of fee exemption under Section 22.55.120. A person seeking judicial review under Code of Civil Procedure Section 1094.5 shall first complete an appeal under this Section and shall pay all City charges for that appeal.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.150 Payment under protest.
A developer seeking to proceed with his or her development project during the pendency of an application for adjustment or waiver or a finding of exemption or during the pendency of an appeal may do so by following the procedures set forth in Section 66020 of the Government Code.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
§ 22.55.160 Refund of a mitigation impact fee.
The Community Development Director shall refund an IM fee where:
A.
The building permit expires and no extensions have been granted for a development for which the IM fee requirement under this Chapter has been collected, provided that the claim for such refund is filed no later than 1 year after the expiration date of the building permit or any extension thereof as may be approved by the City, as the case may be; or
B.
A refund is specifically authorized by resolution of the City Council adopted pursuant to Government Code Section 66001(d). Such amounts shall be refunded by the City to the then current record owner or owners of the development on a pro-rated basis. The City may effect such refunding by direct payment, by providing a temporary suspension of IM fees, or by any other means consistent with the intent of Government Code Section 66001.
C.
A decision regarding refund of a fee is appealable under Section 22.55.140.
(Ord. 1310 C.S. § 3 Exh. A, 2004)
