Yucaipa City Zoning Code
Division DC11
Public Facilities Financing
§ 811.0101 Intent.
The intent of this Chapter is to require the payment of drainage fees for most new construction within an adopted Drainage Plan in order to defray the actual or estimated costs of constructing planned drainage facilities. The authority for this Chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety and general welfare.
(Ord. 279 § 3, 2008; Ord. 210 § 28, 2001)
§ 811.0105 Establishment of drainage plans.
(a)
The provisions of this Chapter shall only affect those portions of the City that are within the boundaries of an adopted Drainage Plan.
(b)
The City Council in adopting a Drainage Plan shall find and determine that development or redevelopment of the property in the Plan Area will require the construction of the facilities described in the Plan Area and that the drainage fees are fairly apportioned within the drainage area.
(c)
The drainage fees shall be fairly apportioned based on one of the following: 1) on the basis of benefits conferred on property proposed to be developed or redeveloped, 2) on the need for drainage facilities created by such development and the development of other property in the drainage area, or 3) on the basis of the proportionate storm water run-off from each parcel. Fees to be paid shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.
(d)
The City Council, in adopting or amending the Drainage Plan, shall do all of the following:
(1)
Identify the purpose of the fee.
(2)
Identify the use to which the fee is to be put. If the use is financing public facilities, then the facilities should be identified. The facilities may be identified by reference to any public document which identifies the facilities for which the fee is charged.
(3)
Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
(4)
Determine how there is a relationship between the amount of the fees and the cost of the flood control facilities, or portion thereof, attributable to the development on which the fee is imposed.
(e)
Drainage Plans and/or the drainage fee may be adopted by the Council, and thereafter amended at any time, only after holding a public hearing. The requirements of Government Code Section 66004 shall be followed prior to holding a public hearing establishing or modifying a fee for a Drainage Plan.
§ 811.0110 Fee collection and accounting.
(a)
Except as otherwise provided in Section 811.0120(c), whenever a building permit, grading permit, or other City approval in connection with new construction is requested within the boundaries of a Drainage Plan, the specified drainage fee may be paid on the date of issuance of the building permit, grading permit, or other City approval in connection with new construction, and shall become due and payable at the time of final inspection, or the issuance of the certificate of occupancy, whichever occurs first. If the drainage fee is paid in full on the date of issuance of the building permit, the amount of the drainage fee shall be that which is in effect in the Schedule of Fees for the applicable drainage Plan on the date of payment of such fee. If the drainage fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the drainage fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable drainage plan at the time the fee becomes due and payable, and shall be paid on that date. The drainage fee shall be deposited to the appropriate Drainage Facilities Fund. Any interest income earned by the money in the Drainage Facilities Fund shall also be deposited in the fund.
(b)
Drainage fees required by this chapter shall be paid to the City and deposited into a Drainage Facilities Fund. Monies in such funds, including interest, shall be expended solely for the construction and reimbursement for the construction of drainage facilities, including related administration expenses, within the area from which the fees comprising the fund were collected, and/or to reimburse the local agency for the cost of engineering, right of way acquisition and administrative services required to design and construct facilities within the Drainage Plan.
(c)
Money may be advanced by the City to design and construct drainage facilities, related administrative services or to acquire necessary right-of-way within the area of an adopted Drainage Plan. Money so advanced shall be reimbursed to the City from the appropriate Drainage Facilities Fund.
(Ord. 279 § 4, 2008)
§ 811.0115 Drainage fee calculation.
(a)
Assessed drainage fees shall be based upon the total net area of the parcel. If the parcel has a net area of more than one (1) acre, and it is located within a Residential Land Use District, the maximum fee assessed shall be for one (1) acre.
(b)
The amount of fees assessed and the area on which said fee is based shall be determined by the City Planner. The City Planner may require an applicant to submit all information necessary to calculate said fee(s).
(Ord. 279 § 5, 2008)
§ 811.0120 Credit and exceptions.
(a)
(1)
When required for the implementation of an adopted Drainage Plan, an agreement may be entered into between a developer and the City whereby the developer may advance money for the construction of facilities, or design of such facilities within a Drainage Plan. Subject to the restrictions in subsection (a)(2), the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the appropriate Drainage Facilities Fund. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire ten (10) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to a developer whose agreement has expired.
(2)
The City may designate that up to ten percent (10%) of the funds collected in a Drainage Facilities Fund be utilized for reimbursement for any agreement entered into pursuant to subsection (a)(1). Other than the amount so designated by the City, Drainage Facilities Funds shall not be used as reimbursement for any agreements authorized by subsection (a)(1).
(b)
An agreement may be entered into between a developer and the City whereby considerations such as dedication of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of part or all of the payment of drainage fees, the City Council shall find that the alternative is acceptable and is equal to or greater in value than the required fee, prior to approving such an agreement.
(c)
Drainage fees shall not be required as a condition of building permits on existing developed parcels for:
(1)
Maintenance and repair of existing improvements.
(2)
Reconstruction, when permits are issued within two years of the destruction of a structure due to fire, vandalism, wind, earthquakes or other natural or man-made disasters.
(3)
Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence.
(4)
Other construction or reconstruction which does not involve grading causing an increased rate of runoff when such construction or reconstruction falls within the boundaries of the net area described in Section 811.0115 as the “area of the developed portion of the parcel”, as it existed prior to the effective date of an applicable area drainage plan. Applicant shall be responsible for providing sufficient information to establish that the proposed grading would not increase the rate of runoff. Assessment of fees due to such grading shall apply to only the portion of the parcel on which grading would contribute to an increased rate of runoff.
(d)
If a drainage fee for a parcel, or portion thereof, has been previously paid, credit shall be given for such prior payment toward any fee payment required by this chapter.
(e)
The provisions of this chapter shall not be applicable to property subject to other assessments for the same drainage facilities.
§ 811.0125 Surplus and refunds.
(a)
After completion of facilities and the payment of all claims from any Drainage Facilities Fund, the City Council shall determine by resolution or other legislative action the amount of the surplus, if any, remaining in any of these funds. Any surplus shall be used, in those amounts as the Council may determine, for one or more of the following purposes:
(1)
For transfer to the General Fund of the City, provided that the amount of the transfer shall not exceed five percent (5%) of the total amount expended from the particular fund, and provided that the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected.
(2)
For the construction of additional or modified facilities within the same Drainage Plan.
(3)
As a refund in the manner provided in subsection (b), below.
(b)
Any surplus remaining shall be refunded as follows:
(1)
There shall be refunded to the current owners of property for which a fee was previously collected, the balance of such monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage area;
(2)
Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected; and
(3)
There shall be transferred to the general fund of the City any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the City Council of a resolution declaring a surplus, whichever is later to occur.
(c)
Subject to the provisions of subsections (a) and (b) above, commencing on the fifth year after imposition of a fee for a Drainage Plan and annually thereafter, the Council shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of lots or units in development projects within the Drainage Plan on a pro rata basis any such unexpended or uncommitted fees plus interest accrued thereon, for which the Council is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. When applicable, refunds shall be made in accordance with Government Code Section 66001.
§ 811.0201 Intent.
The intent of this chapter is to require the payment of circulation facilities fees for new development that is within the boundaries of an adopted Circulation Facilities Plan. Such fees shall be for the purposes of defraying the actual or estimated costs of constructing circulation facilities that are necessary to accommodate vehicular traffic generated by new development within the Circulation Facilities Plan from which such fees are collected. The authority for this chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety and general welfare.
§ 811.0205 Establishment of Circulation Facilities Plans.
(a)
The provisions of this chapter shall only effect those portions of the City that are within the boundaries of an adopted Circulation Facilities Plan.
(b)
The City Council, in adopting or amending a Circulation Facilities Plan, shall do all of the following:
(1)
Identify the purpose of the fee.
(2)
Identify the uses which are supportive of the fee and the circulation facilities which will be provided with the fees.
(3)
Determine that a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed.
(4)
Determine that a reasonable relationship exists between the need for the circulation facilities and the type of development project on which the fee is imposed.
(5)
Determine that a relationship exists between the amount of the fee and the cost of the Circulation Facility, or portion thereof, attributable to the development on which the fee is imposed.
(c)
The circulation facilities which constitute major thoroughfares as set forth in California Government Code Section 66474 and the freeways, streams or canyons for which bridges are required, shall be identified in the circulation, transportation or flood control element of the City General Plan in the area of Circulation Facilities Plan at least 30 days prior to implementation of a fee for such facilities. Major thoroughfares shall be in addition to, or a reconstruction of, existing major thoroughfares, and bridges shall be original bridges or addition to existing bridges.
(d)
Circulation Facilities Plans and/or the transportation facilities fee may be adopted by the Council, and thereafter amended at any time, only after holding a public hearing. The requirements of California Government Code Section 66004 shall be followed prior to holding a public hearing establishing or increasing a fee for circulation facilities.
§ 811.0210 Fee payment.
(a)
Except as otherwise provided in Section 811.0225 and Section 811.0230, whenever a building or mobilehome setdown permit is issued within the boundaries of an adopted Circulation Facilities Plan, circulation facilities fees shall be required in the amount specified in the Schedule of Fees for such plan, and shall be paid within the time periods specified in Subsections 811.0210(b), (c) and (d).
(b)
Circulation facilities fees required pursuant to this Chapter as a result of a building permit may be paid on the date of issuance of the building permit by the Building and Safety Division, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the circulation facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the circulation facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(c)
Circulation facilities fees required pursuant to this Chapter as a result of a mobilehome setdown permit for those mobilehomes not located within a legally established Mobilehome Park may be paid on the date of issuance of the mobilehome setdown permit, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the circulation facilities fee is not fully paid on the date of issuance of the mobilehome setdown permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the circulation facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(d)
Circulation facilities fees required pursuant to this Chapter as a result of a building permit for those mobilehomes to be located within a legally established Mobilehome Park may be paid on the date of issuance of the building permit for the construction of each space or combination of spaces, and shall become due and payable at the time of the final inspection for such spaces, or issuance of the certificate of occupancy, whichever occurs first. If the circulation facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the circulation facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(e)
If the circulation facilities fee is paid in full on the date of issuance of the building permit or the mobilehome setdown permit, the amount of the circulation facilities fee shall be that which is in effect in the Schedule of Fees for the applicable Circulation Facilities Plan on the date of payment of such fee.
(Ord. 279 §§ 6—9, 2008)
§ 811.0215 Circulation facilities.
(a)
Circulation facilities fees, required pursuant to this Chapter within the boundaries of a Circulation Facilities Plan shall be deposited into a Circulation Facilities Fund. Any interest income earned by money in the fund shall also be deposited in the fund. Such fees shall cease to be required within the boundaries of a Circulation Facilities Plan when they have been collected in an amount adequate to pay for all of the circulation facilities proposed in such Plan.
(b)
Monies in a Circulation Facilities Fund, including interest, shall be expended solely for the construction, financing or purchase of circulation facilities within the boundaries of the Circulation Facilities Plan from which the fees comprising the fund were collected, and/or to reimburse the City for the cost of engineering, property acquisition and administrative services required to design, finance, construct or purchase facilities in the Circulation Facilities Plan.
(c)
Monies may be advanced by the City to design, construct, finance, or purchase circulation facilities, or related administrative services, and to acquire necessary property or right-of-way within the boundaries of an adopted Circulation Facilities Plan. Money so advanced shall be reimbursed to the City from the applicable Circulation Facilities Fund.
§ 811.0220 Fee calculation.
(a)
Fees assessed on new residential and non-residential development within the boundaries of an adopted Circulation Facilities Plan shall not exceed the estimated cost of providing the circulation facilities identified in the applicable Circulation Facilities Plan. For the purposes of this Chapter, the types of structures and/or uses defined as non-residential shall be as specified in each separate Circulation Facilities Plan.
§ 811.0225 Agreements between the City and a developer.
(a)
Advances. An agreement may be entered into between a developer and the City whereby the developer may advance money for the construction, financing or purchase of facilities, or design of such facilities, within the boundaries of a Circulation Facilities Plan, provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the applicable Circulation Facilities Fund. Reimbursement shall only be for the amount agreed upon in advance, and shall not include interest or other charges. The total amount of money reimbursed within a Circulations Facilities Plan for one fiscal year shall not exceed approximately ten percent (10%) of the fees collected within such plan area during the same fiscal year, except as may otherwise be provided in the applicable Circulation Facilities Plan. The agreement shall expire ten (10) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to the developer whose agreement has expired.
(b)
Agreements for consideration in-lieu of fees. An agreement may be entered into between a developer and the City whereby considerations such as dedication of land, right-of-way, equipment, facilities, actual construction, or design work by a civil engineer may be accepted in-lieu of part or all of the payment of circulation facilities fees. Prior to approving such an agreement, the City Council shall find that the in-lieu consideration is equal to or greater in value than the required fee.
§ 811.0230 Exclusions.
(a)
Intent. The intent of this section is to exclude from the payment of circulation facilities fees the replacement of structures or uses with new structures or uses, that generate the same or a lesser amount of vehicular traffic than those being replaced on the same parcel, including:
(1)
Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Circulation Facilities Plan. Expansion of such structures or uses shall be subject to such fees.
(2)
Replacements of structures or uses for which fees have been paid pursuant to this Chapter where such replaced structure or use generates the same or less traffic as the structure or use for which the fees were originally paid.
(b)
Residential exclusions. No circulation facilities fee shall be required for residential building permits or residential mobilehome setdown permits for the following:
(1)
Alterations, repairs, and construction of garages, carports, accessory storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, amateur radio devices or earth stations or any other residential accessory structures.
(2)
Replacements of a legally established residential dwelling unit, including a unit destroyed or damaged by fire, flood, or other accidents or catastrophe provided that:
(A)
Such a replacement will not result in an increase in the number of residential dwelling units, and;
(B)
The proposed type of residential dwelling unit (i.e., single family, multi family, mobilehome, etc.) is within a fee category, as identified in the applicable Circulation Facilities Plan, for which the per-dwelling unit fee amount is less than or equal to the per-dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.
(c)
Non-residential exclusions. No circulation facilities fees shall be required for non-residential uses or buildings for the following activities:
(1)
Alterations and repairs.
(2)
Replacement of non-residential structures or uses if:
(A)
New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Circulation Facilities Plan; and
(B)
The proposed type of structure or use is within a fee category (as identified in the applicable Circulation Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.
§ 811.0235 Surplus and refunds.
(a)
Commencing on the fifth year after imposition of a fee for a Circulation Facilities Plan and annually thereafter, the Council shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of lots or units in development projects within the Plan areas on a prorata basis any such unexpended or uncommitted fees plus interest accrued thereon, for which the Council is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. Refunds shall be made in accordance with California Government Code Section 66001.
(b)
After completion of facilities and the payment of all claims from any Circulation Facilities Fund, the Council shall determine by resolution or other legislative action the amount of the surplus monies, if any, remaining in any of these funds. Any surplus shall be refunded in accordance with California Government Code Section 66001.
§ 811.0301 Intent and general provisions.
This Chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California and shall be interpreted to be consistent with the provisions thereof. The park and recreational facilities for which dedication of land and/or payment of a fee is required by the terms of this Chapter shall be provided in accordance with the standards, specifications, and requirements of the General Plan of the City of Yucaipa, any specific plan adopted thereto, and any other adopted resolution, policy, or standard of the City.
§ 811.0305 Definitions.
The following definitions shall govern the meaning of words in this Chapter, unless from the context in which the word is used, a different meaning is clearly intended:
(a)
“Park”
means a parcel or contiguous parcels of land which is owned, operated, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment the residents of the subdivision and of persons residing, working, or visiting in the City. Parks may be classified as community parks, including community centers, athletic facilities, large multi-use swimming pools, picnic areas, cultural centers, or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to open space areas suitable for active or passive uses.
(b)
“Park and recreational facilities”
mean any public improvements deemed necessary by the City to develop, improve, or rehabilitate land and facilities for park and recreational purposes. Such improvements may include but not be limited to grading; landscaped areas for active and passive recreational use, open space, and sports fields; irrigation and drainage systems; lawn, shrubs, and trees; facilities for recreational community gardening; walkways, bicycle facilities, and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquet ball, and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by State law or approved by the City.
(c)
“Private open space”
means that privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision, which land and facilities can be credited against the dedication and payment requirements established in this Chapter, when the following criteria are met:
1.
That the private park land meet a minimum size requirement of one-third (0.3) acre;
2.
That the proposed private park land be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private park land;
3.
That the following areas or subdivision design features shall not be eligible for private park credit; yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, greenbelts, meandering streams, and circulation improvements such as bicycle, hiking, and equestrian trails;
4.
That the location of the land provide convenient access to housing and schools;
5.
That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and
6.
That the use of the private park land is perpetually restricted for park and recreational purposes which cannot be defeated or eliminated without the consent of the City Council and in no event without providing equivalent park and recreational space elsewhere in the subdivision.
(d)
“Fair market value”
means the value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the County Assessor, or at the option of City based upon an appraisal by a qualified appraiser selected by City. In the event the subdivider disagrees with this fair market value determination, the subdivider may select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser. The three (3) appraisers so selected shall conduct a fair market value analysis of the property and their determination shall be binding upon the City and the subdivider for the purposes of this Chapter. All costs of appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. The fair market value shall be determined as of the time the final map or parcel map is filed. With regards to any park and recreation improvements or equipment provided by the subdivider, the fair market value shall be the actual cost to acquire, construct, or install the improvement or equipment.
§ 811.0310 Requirements.
(a)
Park dedication required. As a condition of approval of a tentative or final tract map or parcel map for a residential subdivision, the subdivider shall be required to dedicate land, pay a fee in lieu thereof, or both, at the option of the City, in the amount provided in this Chapter, for park or recreational purposes, unless the subdivider is exempted from this requirement by the express provisions of this Chapter. The dedication of land and/or payment of a fee shall be at the time and according to the standards and formula contained in this Chapter. As a requirement for the issuance of a building permit, all residential development occurring on lots of record created prior to June 6, 1990, shall be required to pay a Park Facilities Fee, as such fee may be determined by resolution of the City Council.
(b)
Standards for determining dedication.
(1)
General. If the park dedication is required under Section 811.0310, the park area required shall be determined in accordance with the standards provided in this Section.
(2)
Standard of park area to population. It is hereby found and determined that the public interest, convenience, health, safety, and welfare of the residents of the City require that three and a half (3.5) acres of property for every one thousand (1,000) persons residing within the City of Yucaipa be devoted to local park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the City. Said ratio of .0035 is hereafter referred to as the Park Area Standard.
(3)
Dwelling unit occupancy factor. Based upon the latest available census data, the dwelling unit occupancy factors shall be as follows: 2.2 for multiple family dwelling units, 3.0 for planned community single family dwelling units, 1.5 for all mobile home dwelling units or spaces, and 3.5 for all other single family dwelling units. These figures may be revised from time to time by resolution of the advisory agency.
(4)
Computation of area of park to be dedicated. The dedication of park land required for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by .0035 (i.e., the ratio of the Park Area Standard of three and a half (3.5) acres to one thousand (1,000) population). This is represented as follows:
(# dwelling units) (occupancy factor)
(3.5/1,000) = Area of Park to be Dedicated
(5)
Qualification of land being dedicated. In addition to meeting the requirements set forth in this Section, any land offered for park dedication shall meet the criteria specified in Section 811.0310(d)(4).
(c)
Fees in lieu of dedication. When permitted by Section 811.0310(d), the subdivider may pay to City a fee in lieu of making such dedication. The fee shall be computed by multiplying the area of park to be dedicated under Section 811.0310(b)(4) by the fair market value of the land being developed.
(d)
Determination of dedication, fees, or combination.
(1)
Dedication generally required. Where a park or recreational facility has been designated in the General Plan of the City or other adopted resolution, policy or standard of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the resident as the subdivision and other members of the public, the subdivider shall dedicate land for a park and provide recreational facilities thereon as provided herein unless the City determines that dedication is not desirable as provided in this Section. The fair market value of the land and recreational facilities provided by the subdivider hereunder shall be a credit against the subdivider’s obligations hereunder. If the fair market value of the park and recreational facilities provided is less than that required hereunder, the difference shall be paid by the subdivider as an in lieu fee.
(2)
In lieu fees. Where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the General Plan of the City or other adopted resolution, policy or standard of the City, the subdivider shall, in lieu of dedicating land, pay a fee computed in accordance with Section 811.0310(c) to be used for park and recreational purposes to serve the resident as the area being subdivided and other members of the public.
(3)
Combination of land and fees. The City may accept a combination of land and fees, with the respective amounts to be determined in the sole discretion of City, so long as the aggregate fair market value plus in lieu fees does not exceed the limits established in this Chapter.
(4)
Determination of land or fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall, in the City’s sole discretion, be determined by consideration of the following:
(A)
The provisions of the City’s General Plan, any specific plan, adopted thereto, or any other adopted resolution, policy, or regulation of the City pertinent to the determination and consistent with the requirements of law;
(B)
Topography, geology, access, and location of land in the subdivision available for dedication;
(C)
Size and shape of the subdivision and land available for dedication;
(D)
The feasibility of dedication;
(E)
Access and location of other park sites to subdivision; and
(F)
Need of other accessible park sites for development, improvement and rehabilitation.
The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
(5)
In lieu fees for subdivisions of fifty (50) parcels or less. If the subdivision contains fifty (50) parcels or less, only the payment of in lieu fees may be required, except that condominium, stock cooperative, or community apartment projects may be required to dedicate land if they have more than fifty (50) dwelling units.
(e)
Subdivider credits.
(1)
Public parks. The subdivider shall receive a credit against the park dedication requirement for the fair market value of any land dedicated and for the value of any park and recreation improvements provided by subdivider in conjunction with any public park. The value of such improvements shall be determined by City based upon Section 811.0305(d).
(2)
Private park. In conjunction with any planned development, real estate development, stock cooperative, community apartment, or condominium, as defined by State law, if the subdivider provides private open space as defined in Section 811.0305, then the subdivider may receive a credit equal to the fair market value of the private open space against the park dedication requirement of this Chapter, but such credit shall not exceed one-third of such park dedication requirement. The City, based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational uses, shall have sole discretion to accept or reject all requests for credit.
(3)
Application of credits. The credits provided in this Section shall be applied to reduce the subdivider’s obligation to dedicate and/or pay an in lieu fee as required under this Chapter, but only to the extent of such credit.
(f)
Disposition of land or fees. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid may be for both neighborhood and community parks. In addition, such fees may be used to improve or rehabilitate existing parks. Fees paid by a subdivider pursuant to this Chapter may be spent to develop, improve, and rehabilitate community and neighborhood parks even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the park and amount of the fees.
(g)
Time of dedication or payment of fees. All park fees shall be paid directly to the City cashier upon the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs last provided that the City may require payment on a prorata basis for each dwelling or upon a percentage of dwellings when they have received final inspection or a Certificate of Occupancy, whichever occurs last. Notwithstanding the foregoing, the City may require earlier payment of such fees if necessary to reimburse the City for previous expenditures or if the fees are collected for park and recreation improvements where the City has established an account, appropriate funds, and adopted a construction schedule or plan for the park and recreation improvements prior to final inspection or certificate of occupancy. In the event of dedication, dedication shall be made at the time of recordation of the final map.
(h)
Schedule for performance.
(1)
City’s schedule. The Community Services Director shall prepare and maintain a schedule specifying how, when, and where the land or fees, or both, which were dedicated to the City to develop park or recreational facilities will be used. Any fees collected under this Chapter shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later.
(2)
Subdivider’s schedule. In the event that the subdivider improves or develops parks for public or private ownership, he shall prepare a schedule specifying when, how, and where he will develop the park or recreational facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.
§ 811.0315 Procedure.
(a)
Approval of subdivision map. Unless otherwise expressly provided herein, any decision or action required by City herein, shall be made after the duly noticed public hearing at the time of approval of the tentative tract map or parcel map, by the advisory body. Such decision or action shall be made a condition of approval of the subdivision map.
(b)
Appeals. Any person may appeal a determination of the advisory body made pursuant to this Chapter. Appeals shall be made as provided in Chapter 1 of Division 3 of this Code.
§ 811.0320 Exemptions.
The provisions of this Chapter do not apply to industrial or commercial developments; nor do they apply to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old, when no new dwelling units are added.
Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempt from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition of the issuance of such permit.
§ 811.0401 Intent.
The intent of this chapter is to require the payment of fire facilities fees for new development that is within the boundaries of an adopted Fire Facilities Plan. Such fees shall be for the purposes of defraying the actual or estimated costs of constructing fire facilities that are necessary to accommodate new development within the Fire Facilities Plan from which such fees are collected. The authority for this chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety and general welfare.
§ 811.0405 Establishment of Fire Facilities Plans.
(a)
The provisions of this chapter shall only effect those portions of the City that are within the boundaries of an adopted Fire Facilities Plan.
(b)
The City Council, in adopting or amending a Fire Facilities Plan, shall do all of the following:
(1)
Identify the purpose of the fee.
(2)
Identify the uses which are supportive of the fee and the fire facilities which will be provided with the fees.
(3)
Determine that a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed.
(4)
Determine that a reasonable relationship exists between the need for the fire facilities and the type of development project on which the fee is imposed.
(5)
Determine that a relationship exists between the amount of the fee and the cost of the Fire Facility, or portion thereof, attributable to the development on which the fee is imposed.
(c)
Fire Facilities Plans and/or the fire facilities fee may be adopted by the Council, and thereafter amended at any time, only after holding a public hearing. The requirements of California Government Code Section 66004 shall be followed prior to holding a public hearing establishing or increasing a fee for fire facilities.
§ 811.0410 Fee payment.
(a)
Except as otherwise provided in Section 811.0425 and Section 811.0430, whenever a building or mobilehome setdown permit is issued within the boundaries of an adopted Fire Facilities Plan, fire facilities fees shall be required in the amount specified in the Schedule of Fees for such plan, and shall be paid within the time periods specified in Subsections 811.0410(b), (c) and (d).
(b)
Fire facilities fees required pursuant to this Chapter as a result of a building permit may be paid on the date of issuance of the building permit by the Building and Safety Division, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the fire facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the fire facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Fire Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(c)
Fire facilities fees required pursuant to this Chapter as a result of a mobilehome setdown permit for those mobilehomes not located within a legally established Mobilehome Park may be paid on the date of issuance of the mobilehome setdown permit, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the fire facilities fee is not fully paid on the date of issuance of the mobilehome setdown permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the fire facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Fire Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(d)
Fire facilities fees required pursuant to this Chapter as a result of a building permit for those mobilehomes to be located within a legally established Mobilehome Park may be paid on the date of issuance of the building permit for the construction of each space or combination of spaces, and shall become due and payable at the time of final inspection for such spaces, or issuance of the certificate of occupancy, whichever occurs first. If the fire facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the fire facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Fire Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(e)
If the fire facilities fee is paid in full on the date of issuance of the building permit or the mobilehome setdown permit, the amount of the fire facilities fee shall be that which is in effect in the Schedule of Fees for the applicable Fire Facilities Plan on the date of payment of such fee.
(Ord. 279 §§ 10—13, 2008)
§ 811.0415 Fire facilities.
(a)
Fire facilities fees, required pursuant to this Chapter within the boundaries of a Fire Facilities Plan shall be deposited into a Fire Facilities Fund. Any interest income earned by money in the fund shall also be deposited in the fund. Such fees shall cease to be required within the boundaries of a Fire Facilities Plan when they have been collected in an amount adequate to pay for all of the fire facilities proposed in such Plan.
(b)
Monies in a Fire Facilities Fund, including interest, shall be expended solely for the construction, financing or purchase of fire facilities or equipment within the boundaries of the Fire Facilities Plan from which the fees comprising the fund were collected, and/or to reimburse the City for the cost of engineering, property acquisition and administrative services required to design, finance, construct or purchase facilities or equipment in the Fire Facilities Plan.
(c)
Monies may be advanced by the City to design, construct, finance, or purchase fire facilities or equipment, or related administrative services, and to acquire necessary property within the boundaries of an adopted Fire Facilities Plan. Money so advanced shall be reimbursed to the City from the applicable Fire Facilities Fund.
§ 811.0420 Fee calculation.
(a)
Fees assessed on new residential and non-residential development within the boundaries of an adopted Fire Facilities Plan shall not exceed the estimated cost of providing the fire facilities identified in the applicable Fire Facilities Plan. For the purposes of this Chapter, the types of structures and/or uses defined as non-residential shall be as specified in each separate Fire Facilities Plan.
§ 811.0425 Agreements between the City and a developer.
(a)
Advances. An agreement may be entered into between a developer and the City whereby the developer may advance money for the construction, financing or purchase of facilities or equipment, or design of such facilities, within the boundaries of a Fire Facilities Plan, provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the applicable Fire Facilities Fund. Reimbursement shall only be for the amount agreed upon in advance, and shall not include interest or other charges. The total amount of money reimbursed within a Fire Facilities Plan for one fiscal year shall not exceed approximately ten percent (10%) of the fees collected within such plan area during the same fiscal year, except as may otherwise be provided in the applicable Fire Facilities Plan. The agreement shall expire ten (10) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to the developer whose agreement has expired.
(b)
Agreements for consideration in-lieu of fees. An agreement may be entered into between a developer and the City whereby considerations such as dedication of land, right-of-way, equipment, facilities, actual construction, or design work by a civil engineer may be accepted in-lieu of part or all of the payment of fire facilities fees. Prior to approving such an agreement, the City Council shall find that the in-lieu consideration is equal to or greater in value than the required fee.
§ 811.0430 Exclusions.
(a)
Intent. The intent of this section is to exclude from the payment of fire facilities fees the replacement of structures or uses with new structures or uses, that equal the same or a lesser amount of square footage than those being replaced on the same parcel, including:
(1)
Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Fire Facilities Plan. Expansion of such structures or uses shall be subject to such fees.
(2)
Replacements of structures or uses for which fees have been paid pursuant to this Chapter where such replaced structure or use equals the same or less square footage as the structure or use for which the fees were originally paid.
(b)
Residential exclusions. No fire facilities fee shall be required for residential building permits or residential mobilehome setdown permits for the following:
(1)
Alterations, repairs, and construction of garages, carports, accessory storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, amateur radio devices or earth stations or any other residential accessory structures.
(2)
Replacements of a legally established residential dwelling unit, including a unit destroyed or damaged by fire, flood, or other accidents or catastrophe provided that:
(A)
Such a replacement will not result in an increase in the number or square footage of residential dwelling units; and
(B)
The proposed type of residential dwelling unit (i.e., single family, multi family, mobilehome, etc.) is within a fee category, as identified in the applicable Fire Facilities Plan, for which the per-dwelling unit fee amount is less than or equal to the per-dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.
(c)
Non-residential exclusions. No fire facilities fees shall be required for non-residential uses or buildings for the following activities:
(1)
Alterations and repairs.
(2)
Replacement of non-residential structures or uses if:
(A)
New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Fire Facilities Plan; and
(B)
The proposed type of structure or use is within a fee category (as identified in the applicable Fire Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.
§ 811.0435 Surplus and refunds.
(a)
Commencing on the fifth year after imposition of a fee for a Fire Facilities Plan and annually thereafter, the Council shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of lots or units in development projects within the Plan areas on a prorata basis any such unexpended or uncommitted fees plus interest accrued thereon, for which the Council is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. Refunds shall be made in accordance with California Government Code Section 66001.
(b)
After completion of facilities and the payment of all claims from any Fire Facilities Fund, the Council shall determine by resolution or other legislative action the amount of the surplus monies, if any, remaining in any of these funds. Any surplus shall be refunded in accordance with California Government Code Section 66001.
§ 811.0501 Intent.
The intent of this chapter is to require the payment of public facilities fees for new development that is within the boundaries of an adopted Public Facilities Plan. Such fees shall be for the purposes of defraying the actual or estimated costs of constructing public facilities that are necessary to accommodate population growth generated by new development within the Public Facilities Plan from which such fees are collected. The authority for this chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety and general welfare.
§ 811.0505 Establishment of Public Facilities Plans.
(a)
The provisions of this chapter shall only effect those portions of the City that are within the boundaries of an adopted Public Facilities Plan.
(b)
The City Council, in adopting or amending a Public Facilities Plan, shall do all of the following:
(1)
Identify the purpose of the fee.
(2)
Identify the uses which are supportive of the fee and the public facilities which will be provided with the fees.
(3)
Determine that a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed.
(4)
Determine that a reasonable relationship exists between the need for the public facilities and the type of development project on which the fee is imposed.
(5)
Determine that a relationship exists between the amount of the fee and the cost of the Public Facility, or portion thereof, attributable to the development on which the fee is imposed.
(c)
Public Facilities Plans and/or the public facilities fee may be adopted by the Council, and thereafter amended at any time, only after holding a public hearing. The requirements of California Government Code Section 66004 shall be followed prior to holding a public hearing establishing or increasing a fee for public facilities.
§ 811.0510 Fee payment.
(a)
Except as otherwise provided in Section 811.0525 and Section 811.0530, whenever a building or mobilehome setdown permit is issued within the boundaries of an adopted Public Facilities Plan, public facilities fees shall be required in the amount specified in the Schedule of Fees for such plan, and shall be paid within the time periods specified in Subsections 811.0510(b), (c) and (d).
(b)
Public facilities fees required pursuant to this Chapter as a result of a building permit may be paid on the date of issuance of the building permit by the Building and Safety Division, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the public facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the public facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Public Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(c)
Public facilities fees required pursuant to this Chapter as a result of a mobilehome setdown permit for those mobilehomes not located within a legally established Mobilehome Park may be paid on the date of issuance of the mobilehome setdown permit, and shall become due and payable at the time of the final inspection, or issuance of the certificate of occupancy, whichever occurs first. If the public facilities fee is not fully paid on the date of issuance of the mobilehome setdown permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the public facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Public Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(d)
Public facilities fees required pursuant to this Chapter as a result of a building permit for those mobilehomes to be located within a legally established Mobilehome Park may be paid on the date of issuance of the building permit for the construction of each space or combination of spaces, and shall become due and payable at the time of final inspection for such spaces, or issuance of the certificate of occupancy, whichever occurs first. If the public facilities fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the public facilities fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable Public Facilities Plan at the time the fee becomes due and payable, and shall be paid on that date.
(e)
If the public facilities fee is paid in full on the date of issuance of the building permit or the mobilehome setdown permit, the amount of the public facilities fee shall be that which is in effect in the Schedule of Fees for the applicable Public Facilities Plan on the date of payment of such fee.
(Ord. 279 §§ 14—17, 2008)
§ 811.0515 Public facilities.
(a)
Public facilities fees, required pursuant to this Chapter within the boundaries of a Public Facilities Plan shall be deposited into a Public Facilities Fund. Any interest income earned by money in the fund shall also be deposited in the fund. Such fees shall cease to be required within the boundaries of a Public Facilities Plan when they have been collected in an amount adequate to pay for all of the public facilities proposed in such Plan.
(b)
Monies in a Public Facilities Fund, including interest, shall be expended solely for the construction, financing or purchase of public facilities within the boundaries of the Public Facilities Plan from which the fees comprising the fund were collected, and/or to reimburse the City for the cost of engineering, property acquisition and administrative services required to design, finance, construct or purchase facilities in the Public Facilities Plan.
(c)
Monies may be advanced by the City to design, construct, finance, or purchase public facilities, or related administrative services, and to acquire necessary property or right-of-way within the boundaries of an adopted Public Facilities Plan. Money so advanced shall be reimbursed to the City from the applicable Public Facilities Fund.
§ 811.0520 Fee calculation.
(a)
Fees assessed on new residential and non-residential development within the boundaries of an adopted Public Facilities Plan shall not exceed the estimated cost of providing the public facilities identified in the applicable Public Facilities Plan. For the purposes of this Chapter, the types of structures and/or uses defined as non-residential shall be as specified in each separate Public Facilities Plan.
§ 811.0525 Agreements between the City and a developer.
(a)
Advances. An agreement may be entered into between a developer and the City whereby the developer may advance money for the construction, financing or purchase of facilities, or design of such facilities, within the boundaries of a Public Facilities Plan, provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the applicable Public Facilities Fund. Reimbursement shall only be for the amount agreed upon in advance, and shall not include interest or other charges. The total amount of money reimbursed within a Public Facilities Plan for one fiscal year shall not exceed approximately ten percent (10%) of the fees collected within such plan area during the same fiscal year, except as may otherwise be provided in the applicable Public Facilities Plan. The agreement shall expire ten (10) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to the developer whose agreement has expired.
(b)
Agreements for consideration in-lieu of fees. An agreement may be entered into between a developer and the City whereby considerations such as dedication of land, right-of-way, equipment, facilities, actual construction, or design work by a civil engineer may be accepted in-lieu of part or all of the payment of public facilities fees. Prior to approving such an agreement, the City Council shall find that the in-lieu consideration is equal to or greater in value than the required fee.
§ 811.0530 Exclusions.
(a)
Intent. The intent of this section is to exclude from the payment of public facilities fees the replacement of structures or uses with new structures or uses, that generate the same or a lesser amount of population growth than those being replaced on the same parcel, including:
(1)
Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Public Facilities Plan. Expansion of such structures or uses shall be subject to such fees.
(2)
Replacements of structures or uses for which fees have been paid pursuant to this Chapter where such replaced structure or use generates the same or less population as the structure or use for which the fees were originally paid.
(b)
Residential exclusions. No public facilities fee shall be required for residential building permits or residential mobilehome setdown permits for the following:
(1)
Alterations, repairs, and construction of garages, carports, accessory storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, amateur radio devices or earth stations or any other residential accessory structures.
(2)
Replacements of a legally established residential dwelling unit, including a unit destroyed or damaged by fire, flood, or other accidents or catastrophe provided that:
(A)
Such a replacement will not result in an increase in the number of residential dwelling units; and
(B)
The proposed type of residential dwelling unit (i.e., single family, multi family, mobilehome, etc.) is within a fee category, as identified in the applicable Public Facilities Plan, for which the per-dwelling unit fee amount is less than or equal to the per-dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.
(c)
Non-residential exclusions. No public facilities fees shall be required for non-residential uses or buildings for the following activities:
(1)
Alterations and repairs.
(2)
Replacement of non-residential structures or uses if:
(A)
New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Public Facilities Plan; and
(B)
The proposed type of structure or use is within a fee category (as identified in the applicable Public Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.
§ 811.0535 Surplus and refunds.
(a)
Commencing on the fifth year after imposition of a fee for a Public Facilities Plan and annually thereafter, the Council shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of lots or units in development projects within the Plan areas on a prorata basis any such unexpended or uncommitted fees plus interest accrued thereon, for which the Council is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. Refunds shall be made in accordance with California Government Code Section 66001.
(b)
After completion of facilities and the payment of all claims from any Public Facilities Fund, the Council shall determine by resolution or other legislative action the amount of the surplus monies, if any, remaining in any of these funds. Any surplus shall be refunded in accordance with California Government Code Section 66001.
