Agenda packet — Clovis City Council, June 20, 2022 (part 2 of 2)

RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CLOVIS ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO TO CONSOLIDATE AND CANVASS THE ELECTION; AUTHORIZING THE COUNTY

CLERK/REGISTRAR OF VOTERS OF FRESNO COUNTY TO RENDER SPECIFIED SERVICES

TO THE CITY OF CLOVIS RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION AND APPROPRIATING FUNDS TO PAY FOR SAID SERVICES; AND

ESTABLISHING REGULATIONS FOR CANDIDATES PERTAINING TO CANDIDATE

STATEMENTS

WHEREAS, the next Statewide General Election will take place on Tuesday, November 8, 2022; and

WHEREAS, the City of Clovis will hold a General Municipal Election on Tuesday, November 8, 2022, for the election of three (3) City Council Members, each for a full four (4) year term; and

WHEREAS, the City of Clovis desires the Board of Supervisors of the County of Fresno to consolidate the City’s General Municipal Election with the Statewide General Election, pursuant to Part 3, Division 10 of the Elections Code (commencing with Section 10400) to be held on the same date and that, within the City of Clovis, the precincts, vote center locations, ballot drop box locations, and election officers of the two (2) elections be the same; the County Clerk/Registrar of Voters canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one (1) election; and

WHEREAS, it is the desire of the Clovis City Council to adopt a Resolution requesting the Board of Supervisors of the County of Fresno to render spec ified services to the City of Clovis relating to the conduct of a General Municipal Election pursuant to California Elections Code section 10002; and

WHEREAS, Elections Code section 10002 requires the City of Clovis to reimburse the County of Fresno in full for the services performed upon presentation of a bill to the City of Clovis; and

WHEREAS, the Clovis City Council has determined that each candidate for elective office who submits a statement to be sent to the voters with the sample ballot shall be charged a sum not greater than the actual prorated cost of printing, handling, and translating the candidate’s statement as a result of providing this service.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVIS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. A General Municipal Election is called and ordered for the City of Clovis to be held on Tuesday, November 8, 2022, for the purpose of the election of three (3) members of the City Council to be elected at-large, each for a full four (4) year term.

SECTION 2. Pursuant to the requirements of Election s Code section 10403 , the Board of Supervisors of the County of Fresno is hereby requested to consent and agree to the consolidation of the General Municipal Election and the Statewide General Election on Tuesday, November 8, 2022.

Attachment 1 248
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Page 2 of 2 ends

SECTION 3. In accordance with Elections Code section 10403, the Clovis City Council acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election pursuant to Elections Code section 10418.

SECTION 4. The Board of Supervisors of the County of Fresno is requested to direct the County Clerk/Registrar of Voters to take any and all steps necessary for and related to the holding of the consolidated election in a manner consistent with law, including, without limitation: the provision of all election materials and equipment; publication of notices; the hiring, training and supervision of election officers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying and canvassing of votes; and the certification of election results.

SECTION 5. A sum be appropriated and set aside from the appropriate funds of the City of Clovis to reimburse the County of Fresno in full for the services to be performed as herein requested and that said sum be paid to the County of Fresno upon demand and presentation of a bill to the City of Clovis.

SECTION 6. The candidate shall, if he or she elects to submit an election statement of no more than two hundred (200) words to be included with the sample ballot and sent to the registered voters, pay all costs associated with said election statement ; Pursuant to Elections Code section 13307, the candidate is required to make an estimated pre-payment to the County at the time the candidate files the nomination papers.

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated: June 20, 2022

_____________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 20.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Consider approval of various items associated with various fees under the Planning and Development Services Department:
a. Consider Approval – Res. 22-___, A resolution revising the Master Development Fee Schedule and Providing a Description of Fees to be Requested for County Adoption; and
b. Consider Approval – Res. 22-___, A resolution amending Plan Check, Inspection Services, Encroachment Permits and Community Investment Program Rates; and
c. Consider Approval – Res. 22-___, A request to approve the 2022 City of Clovis Planning Division Fee Schedule.

Staff: Dave Merchen, City Planner / Sean Smith, Supervising Civil Engineer
Recommendation: Approve
ATTACHMENTS: 1. Res. 22-___, Revising Master Development Fee Schedule

2. Res. 22-___, Amending Plan Check, Inspection Services, Encroachment Permits and Community Investment Program Rates

3. Res. 22-___, Approving the 2022 City of Clovis Planning Division Fee Schedule

4. Correspondence from Stakeholders

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, revising the Maste r Development Fee Schedule and providing a description of fees to be requested for County Adoption.

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AGENDA ITEM NO. 21.

For the City Council to approve Res. 22 -___, amending Plan Check, Inspection Services, Encroachment Permits and Community Investment Program Rates.

For the City Council to approve Res. 22-___, approving the 2022 City of Clovis Planning Division fee schedule.

EXECUTIVE SUMMARY
Staff is recommending updates to the following fee programs:

1. Development Impact Fees (DIF’s)

2. Engineering Division hourly rates and inspection fees

3. Planning Division fees

Development Impact Fees (DIF’s)
Staff performed a comprehensive evaluation of the costs and infrastructure that comprise the DIF’s, including obtaining updated cost estimate updates from our sewer and water Master Plan consultants. This evaluation resulted in the determination of the rates as indicated by the Full Implementation option ( Attachment 1A and 1B ). For residential and non -residential development, the full implementation would result in an increase in overall fees that ranges from 27% to 40%, depending on location and land use of the proposed project. For example, for a single-family residential home built in Heritage Grove (15.5 units per acre) the DIF would increase from $25,429 to $32,903 for a total increase of $7,474 or 29% increase. For a home that sells for $375,000 the Full Implementation option would represent a 2% increase to the selling price ($7,474 / $375,000 = 2%).

In meetings with stakeholders and the Master Plan consultants, staff recognize s that the cost outlook for some facilities and construction elements are uncertain with the large fluctuations we have seen in recent months. Based on the uncertainty in those fee categories and the potential that costs may come down in the coming months , staff is proposing a Phased Implementation option (Attachments 1C and 1D) as an alternative for consideration and is recommending Council approval. The Phased implementation option implements 50% of the fee increases for sewer, water, and street fees immediately (60 days after approval in accordance with statute) with a full re-evaluation of these categories at the next fee update to see where prices are at that time and make the appropriate adjustments . If the Phased Implementation option is approved, staff will perform a comprehensive evaluation for the next fiscal year update to validate the proposed rates and for consideration by Council.

Under the Phased Implementation alternative, 50% of the increases for sewer, water, and streets is being deferred for a year pending future confirmation of the amount of the increase through a reevaluation of construction costs. Under this alternative, the immediate increases would range from 17% to 28%, depending on location and land use of the proposed project. For example, for a single-family residential home built in Heritage Grove (15.5 units per acre) the DIF would increase from $25,429 to $30,181 for a total increase of $4,753 or 18.7% increase. For a home that sells for $375,000 the Phased Implementation option would represent a 1.3% increase to the selling price ($4,753 / $375,000 = 1.3%).

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Engineering Division Hourly Rates
Engineering Division hourly rates need to be adjusted from $119 to $140 in order to offset increases in operational costs and maintain a functional level of service to the development community and operation of the Community Investment Program. Staff is proposing to begin implementing the new rates on August 29, 2022.

Planning Division Fee Schedule
The Planning Division fee schedule was last updated by Resolution 21 -103, which took effect November 15, 2021. The operational costs have increased for the Planning Division similar to the costs for the Engineering Division. A 2.94% across -the-board increase is recommended, based on the 5-year average change in the consumer price index (CPI). This methodology was used because it accounts for the changes in costs that have occurred since the comprehensive fee analysis was completed last year while avoiding the “spiking effect” that would have occurred if only the most recent year’s CPI was utilized. The revised fee schedule will provide the funding necessary for the Planning Division to maintain a functional level of service to the public.

BACKGROUND

Master Development Fee Schedule
The municipal code provides for an annual update of the DIF program either through a comprehensive review of the fee rates or through an adjustment based on the average CCI between the Los Angeles and San Francisco areas for the twelve (12) month period ending the prior December. The average of the two cities for December 2020 to December 2021 was an increase of 7.5%, which has an overall impact to the fees of approximately 9.9%.

Frequent adjustments are needed in order to attempt to keep pace with construction cost increases and fully fund the infrastructure associated with growth. The CCI provides a measurement of construction cost fluctuations and serves as a reasonable basis for adjusting the fees between a comprehensive review and in-depth cost reevaluations.

In its review this year, staff performed an in -depth review . The analysis studied current construction costs, re-evaluated the remaining planned City infrastructure, updated the trust fund balances, and reviewed market trends. The review also included updated estimates from the City’s sewer and water master plan consultants. Currently, certain costs are being affected by supply chain slowdowns, lack of availability of materials, and labor issues, just to name a few.

Staff has prepared two alternative updates to the rates in recognition of the uncertainty of the land and construction costs and where they will be in the coming months.

The Full Implementation alternative reflects current (as of January 2022) infrastructure costs as determined by the studies. In recognition of the uncertainty of whether these “current” costs are the new norm, or whether the current costs represent a peak and will ultimately come down in the coming year, staff has provided a Phased Implementation alternative which would implement 50% of the increase shown in staff’s study now and defer the remaining 50% increase until next year pending a new evaluation of construction cost levels at that time. This 50% phase -in approach would apply only to the rates for the Sewer, Water, and Street fee categories. These are the categories which stakeholders, the consultants, and staff felt the cost outlook was less 252
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stable and less predictable. Staff is recommending that Council consider approval of the Phased Implementation alternative for FY 2022-2023. Staff would then reevaluate construction and land costs in as part of the next regular fee update to confirm whether the second increment of the increase should be implemented at the full amount or an adjusted amount.

Overall Results
For residential and non -residential development, the full implementation would result in an increase in overall fees that ranges from 27% to 40%, depending on location and land use of the proposed project. Attachment 1A contains the revised rates and Attachment 1B contains a summary of estimated fee obligations for several theoretical projects under the Full Implementation alternative.

Under the Phased Implementation alternative, 50% of the increases for sewer, water, and streets is being deferred for a year pending future confirmation of the amount of the increase through a reevaluation of construction costs. Under this alternative, the immediate increases would range from 17% to 28%, depending on location and land use of the proposed project. Attachment 1C contains the initial, or first phase, rates and Attachment 1D contains a summary of estimated fee obligations for the same theoretical projects but under the first phase of the Phased Implementation alternative.

Stakeholder Outreach
The COVID-19 pandemic has continued to affect the look and number of public meetings.

While staff has made itself fully available for meetings and open discussion regarding the fees, participation has been limited as the various companies and entities have varying comfort with meeting in person. An email was provided to over 130 stakeholders describing the proposed increases and providing information pertaining to the cost evaluations and fee rate methodologies. All stakeholders were invited to meet through a series of five (5) bi -weekly meetings from March to May with in-person and virtual attendance options. The stakeholders included the Building Industry Association (BIA), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified School District, and several local residential and non -residential developers. The Full Implementation option was first discussed at the earliest meeting in March. The Phased Implementation option was developed and presented at the last meeting in April and was further discussed at the last and only meeting in May. Staff has included the written comments that have been received as Attachment 4. Other notable comments made at the meetings included, but are not limited to:

1. Discussion of the use and application of CCI for fee updates.

2. General description of the impacts already felt throughout the industry and concerns over the impacts that a large increase might have in today’s market.

3. General description of the impact of increasing interest rates for new loans.

4. Alternatives for reimbursements in order to incentivize a greater cost control for reimbursable items.

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Mitigation Fee Act (Government Code, Sections 66000 – 66024) Section 66001 of the government code requires that the City shall do all of the following at the time that it establishes, increases or imposes a fee as a condition of approval of a development project:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put (identify the public facilities to be constructed).

3. Determine how there is a reasonable relationship (nexus) between the fees and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship (nexus) between the need for the public facility and the type of development project on which the fee is imposed.

Items 1 and 2 are clearly ide ntified in the municipal code. Items 3 and 4 are met through multiple actions taken by the City Council such as:

1. The General Plan

2. Specific Plans

3. Master Plans for Sewer, Water, Recycled Water, etc.

4. The method by which fee rates are established which evaluates the cost of improvements identified in the various adopted plans and distributes that cost among the developable properties within the respective service areas in rough proportion to their impact on, or need for, the public facilities.

County Developments
The Memorandum of Understanding between the City of Clovis and the County of Fresno (MOU) includes a provision for county developments within the Clovis Sphere of In fluence.

The agreement states the following:

“CITY development fees shall be charged for any discretionary development applications to be approved by the COUNTY within the CITY’s sphere of influence.

To establish or amend CITY development fees, CITY shall conduct a public hearing and notify property owners in accordance with State Law. At the conclusion of that hearing, CITY shall adopt a resolution describing the type, amount, and purpose of CITY fees to be requested for COUNTY adoption.”

“CITY shall transmit the adopted resolution to the COUNTY for its adoption of the fees. CITY shall include a draft ordinance for COUNTY’s adoption with appropriate supporting documentation or findings by the CITY demonstrating that the fees comply with Section 66000 of t he Government Code and other appl icable State Law requirements.”

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The resolution under consideration includes a statement of finding that the fees are in compliance with the Government Code and describes the type, amount and purpose of the fees by reference to the Master Development Fee S chedule and the Municipal Code. This resolution and a draft ordinance will be transmitted to the County of Fresno for adoption upon approval by council.

State Assembly Bill (AB) 602
AB 602 took effect on January 1, 2022, affecting the adoption of development impact fees and their associated nexus studies. This new law imposes new rules for agencies who are imposing impact fees on new development, such as the need to post information related to its impact fees on its website, defining the process for adopting impact fees through a publicly noticed and public meeting, the need for large jurisdictions to adopt a capital improvement plan, and the need to update impact fee studies at least every eight years, all of which the City has been compliant with for some time.

AB 602 contains a requirement that new nexus studies adopted after July 1, 2022, will need to comply with Government Code Section 66001(a). New nexus studies that impose impact fees on housing development pr ojects will also need to be based on the square footage of the proposing housing units or make a three-part finding that justifies the alternative basis for the fee. The Clovis DIF’s currently apply impact fees on housing development projects on a per unit and gross acreage basis, but there is no need to make changes or the required findings at this time since there are no new fees proposed, no new nexus studies or revisions, and this action is occurring prior to July 1, 2022.

Plan Check, Inspection Servic es, Encroachment Permits and Community Investment Program Rates

The Engineering Division last updated the hourly rates in 20 21. This adjustment was simply based on the CPI. The cost of operations, including employee benefits, has been increasing and is expected to continue to rise for the foreseeable future. Staff is recommending an hourly rate of $140 to offset increases in operational costs and maintain a functional level of service to the development community and operation of the Community Investment Program . The proposed hourly rate is based on a recent evaluation of the specific cost for staff in the Planning and Development Services Department to operate, including salary, benefits, support services, and overhead.

In accordance with the Clovis Municipal Code, the Council establishes, by resolution, a schedule of fees for inspection, staking, and other services to be rendered by the City in connection with work performed by Engineering staff. Going forward, staff will continue to review the hourly rate and adjust according ly as part of the annual, or biannual review of the Development Impact Fees. The new rates will take effect 60 days following the approval of the resolution by Council.

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Stakeholder Outreach
An email was provided to a group of over 130 stakeholders describing the proposed increase in the hourly rate on June 7, 2022 . The stakeholders were the same as the Development Impact Fe es, which included the Building Industry Association (BIA), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified School District, and several local residential and non-residential developers. No comments had been received as of the completion of this staff report.

Planning Division fee schedule

A comprehensive fee analysis and update to the Planning Division Fee Schedule was presented to the Council for adoption in September of 2021. The 2021 fee update included significant increases for most fee categories because the fees had not been updated since 2009. In Its discussions with both stakeholders and the Council, Staff outlined its intent to proceed with routine or annual updates in the future to avoid the large increases seen in 2021.

To the extent feasible, an analysis of the fees will be conducted annually as part of the budget preparation process and any recommended updates will be presented before the end of each fiscal year (June 30th).

Based on the evaluation completed this spring, Staff is recommending an update to the 2021 Planning Division Fee Schedule utilizing the Consumer Price Index (CPI) for All Urban Consumers. The CPI was identified as the most applicable index for an adjustment to the Planning fees, which are based primarily on personnel costs. The recommended methodology utilizes the average of the last five (5) years of the CPI percentage changes to arrive at a total increase of 2.94%. While it is relatively common to use the single year change in CPI to make these routine annual adjustments, a five-year average is recommended for the 2022 update because the change in most recent year CPI is over 7%, reflecting the high rate of inflation and related factors affecting the entire country is currently experiencing. Fee updates should avoid “spiking” factors that may not be sustained over time. An annual adjustment of over 7% would exceed actual and anticipated changes in processing costs.

Three entitlement types are excepted from this increase: Small Home Occupatio n Permits, Staff Research & Document Preparation, and the Redistribution Fee for applications during the commenting period. These three entitlements are proposed to be increased from the current hourly rate of $119 per hour to $140 per hour as proposed by the Engineering Division.

The “per acre, per building permit, per sign, per unit, and per lot” fees are also not being proposed to change. Staff is proposing to include two new entitlement types and procedural workflows to the 2022 Planning Fee Schedule Update:

1. Tentative Parcel Maps under SB-9 (The California Home Act) requirements

2. Final Parcel Maps under SB-9 (The California Home Act) requirements

These new fee categories are necessary to properly implement the provisions of SB-9 allowing streamlined lot splits. The fees are based on the City’s “standard” parcel map fees, with changes to reflect the specific requirements of SB-9. The most significant difference is that SB- 9 prohibits public notice and public hearing processes, and costs related to those procedures 256
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have been removed. The new rates within Planning Division Fee schedule will take effect 60 days following the approval of the resolution by Council.

Stakeholder Outreach
An email was provided to a group of over 130 stakeholders describing the proposed changes to the Planning Division Fee Schedule on June 7, 2022. The stakeholders were the same as the Development Impact Fees, which included the Building Industry Association (BIA), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified School District, and several local residential and non -residential developers. No comments had been received as of the completion of this staff report.

California Environmental Quality Act

The proposed fee adjustments have been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and based upon the Public Resources Code Section 15061 (b)(3), there is no substantial evidence that the project will have a significant effect on the environment, therefore, all are exempt from CEQA.

FISCAL IMPACT
In general, t he adjustments to the Development Impact F ee rates will provide funding commensurate with current land acquisition and construction costs for the public facilities needed to serve new development. With the 50% implementation alternative, there is potential that there could be a shortfall in revenue for the sewer, water, and street fee categories if it is later found that the current high costs of construction and right -of-way are sustained over the next year. If costs do not come down, the estimated revenue forgone would be around $3,600,000.

Engineering Department Plan Check, Inspection Services, Encroac hment Permits, and Community Investment Program revenue increases will offset increased staff costs and allow City staff to maintain the current level of plan check and inspection services. The increase in the hourly rate will cover the increased costs of CIP staff.

Planning Division revenue increases will offset increased staff costs and allow City staff to maintain the current level of service for entitlement applications.

REASON FOR RECOMMENDATION
The Municipal Code requires annual review and adjustmen t of the development fees based on actual land acquisition and construction costs or the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period ending the prior December. Staff is recommending an adjustment to the Development Impact Fee rates based on the Phased Implementation option in light of the current market conditions. Staff will perform a comprehensive evaluation of construction and land costs in order to confirm whether the second increment of the increase should be implemented at the full amount or an adjusted amount for the next fiscal year.

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Staff is recommending an increase in the hourly billing rate to $140 per hour to cover the cost of staff services provided on Plan Che cks, Inspection Services, Encroachment Permits, and Community Investment Program projects.

Staff is recommending a revision to the Planning Division fee schedule to cover the cost of staff services provided on entitlement applications. The recommended adj ustments are consistent with the discussion presented to stakeholders and the Council in 2021, during which Staff outlined its intent to proceed with routine or annual adjustments to the fees.

ACTIONS FOLLOWING APPROVAL

1. Staff will notify the development c ommunity and implement the new fee rates for the Development Impact Fees 60 days after approval of the resolution.

2. Staff will proceed with getting the fees adopted by the Fresno County Board of Supervisors.

3. Staff will notify the development community and implement the new rates for Plan Check, Inspection Services, Encroachment Permits, and the Community Investment Program 60 days after approval of the resolution.

4. Staff will notify the development community and implement the new rates for the Planning Fee Schedule 60 days after approval of the resolution.

Prepared by: Sean Smith, Supervising Civil Engineering/George González, Senior Planner/ Dave Merchen, City Planner

Reviewed by: City Manager JH
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Attachment 1
RESOLUTION 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS REVISING THE

MASTER DEVELOPMENT FEE SCHEDULE AND PROVIDING A DESCRIPTION OF

FEES TO BE REQUESTED FOR COUNTY ADOPTION

WHEREAS, the State of California has enacted Section 66000 et seq. of the Government Code which allows for the collection of development impact fees; and

WHEREAS, the Clovis Municipal Code relating to Development Fees indicates that the fees shall be reviewed and adjusted as warranted annually by the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December, or by variation of the actual construction costs; and the fees shall be fixed by the City Council by resolution, and shall be included in the Master Development Fee Schedule; and

WHEREAS, the fees shall be fixed by the City Council by resolution, and shall be included in the Master Development Fee Schedule; and

WHEREAS, a new fee study has been performed by staff to establish new fee rates based on current actual construction costs; and

WHEREAS, the current actual construction costs for sewer, water, and streets have spiked sharply in the preceding year and these costs may be reflective of a cost spike and may come down as supply issues settle in the coming months; and

WHEREAS, the City Council recognizes the impact that costs that may be artificially inflated have on development projects in general; and

WHEREAS, the City Council wishes to implement the updated costs in a phased manner to allow time to monitor the construction market; and

WHEREAS, the first amendment to the memorandum of understanding between the County of Fresno and the City of Clovis (MOU) requires that the City adopt a resolution describing the type, amount, and purpose of City fees to be requested for County adoption, and

WHEREAS, the MOU further requires the City make findings demonstrating that the fees comply with Section 66000 of the Government Code and other applicable State law.

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2 NOW, THEREFORE, IT IS RESOLVED AND ORDERED AS FOLLOWS:

The Master Development Fee Schedule for charges therein provided and attached as Exhibit A and representing 50% of the full rate increases for sewer, water, and streets as determined by staff’s study, is hereby approved and shall be effective after 60 days following approval. The development impact fee rates for sewer, water, and streets shall be updated next year based on a new construction cost analysis.

1. The provision of this Resolution shall not in any way affect provisions of any Resolution or Ordinanc e of the City for fees not provided in the Master Development Fee Schedule.

2. This Resolution will not be effective prior to 60 days following and will continue in force until amended by the City Council.

3. The types, amounts, and purposes of the fees to be adopted by the County of Fresno are indicated on the Master Development Fee Schedule (Attachment ___) and in the Clovis Municipal Code and the City Council of the City of Clovis does hereby find that the fees are in compliance with applicable state laws including Section 66000 of the Government Code.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 20, 2022

______________________________ ______________________________ Mayor City Clerk

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CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective August 29, 2022
Residential (Units per Acre) Water oversize Residential 2.0 or less $11,882 per unit All Areas except RT Ph 1,2 $3,312 per gross acre Residential 2.1 to 2.5 $11,882 per unit RT Park Phase 1, 2 $358 per gross acre Residential 2.6 to 3.0 $11,882 per unit Residential 3.1 to 3.5 $11,882 per unit Water front footage Residential 3.6 to 4.0 $11,882 per unit All Areas except RT Ph 1,2 $41.05 per linear foot Residential 4.1 to 4.5 $11,882 per unit RT Park Phase 1, 2 $0 Residential 4.6 to 5.0 $10,086 per unit Residential 5.1 to 5.5 $8,290 per unit Non-Potable Water System $3,690 per gross acre Residential 5.6 to 6.0 $8,102 per unit Residential 6.1 to 6.5 $7,914 per unit Residential 6.6 to 7.0 $7,726 per unit Water meter:

Residential 7.1 to 7.5 $7,538 per unit 3/4" $341 each Residential 7.6 to 8.0 $7,350 per unit 1" $424 each Residential 8.1 to 8.5 $7,162 per unit 1 1/2" (residential only) $712 each Residential 8.6 to 9.0 $6,974 per unit 2" (residential only) $906 each Residential 9.1 to 9.5 $6,786 per unit 1 1/2" (landscape) $912 each Residential 9.6 to 10.0 $6,598 per unit 2" (landscape) $1,039 each Residential 10.1 to 10.5 $6,410 per unit 3" (landscape) $1,470 each Residential 10.6 to 11.0 $6,218 per unit 4" (landscape) $2,425 each Residential 11.1 to 11.5 $6,143 per unit 6" (landscape) $4,382 each Residential 11.6 to 12.0 $6,068 per unit 1 1/2" (MFR & Non-res) $1,227 each Residential 12.1 to 12.5 $5,993 per unit 2" (MFR & Non-res) $1,391 each Residential 12.6 to 13.0 $5,918 per unit 3" (MFR & Non-res) $1,919 each Residential 13.1 to 13.5 $5,843 per unit 4" (MFR & Non-res) $2,993 each Residential 13.6 to 14.0 $5,768 per unit 6" (MFR & Non-res) $5,220 each Residential 14.1 to 14.5 $5,693 per unit Residential 14.6 to 15.0 $5,618 per unit Transceiver Fee $145 each Residential 15.1 to 15.5 $5,543 5543
Residential 15.6 to 16.0 $5,468 per unit Water service w/meter:

Residential 16.1 to 16.5 $5,393 per unit 3/4" $6,452 each Residential 16.6 to 17.0 $5,318 per unit 1" $6,536 each Residential 17.1 to 17.5 $5,243 per unit 1 1/2" $7,472 each Residential 17.6 to 18.0 $5,168 per unit 2" $8,107 each Residential 18.1 to 18.5 $5,093 per unit Residential 18.6 to 19.0 $5,018 per unit Residential 19.1 to 19.5 $4,943 per unit Residential 19.6 to 20.0 $4,870 per unit Commercial Retail $5.94 per bldg sf
Professional Office $5.94 per bldg sf
Industrial $1.59 per bldg sf
Schools $12,435 per gross acre
Public Facilities $3.22 per bldg sf
Assisted Living $5.64 per bldg sf
Water Major Facilities Water
Water Service
H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23.xlsxFee Schedule 2022-2023 Full 1 of 5 Attachment A of Attachment 1
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CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective August 29, 2022
Sewer Major Facilities Undergrounding administration fee 1.50% of UG fees Single Family Residential $10,346 per unit
Multi-Family Residential $8,380 per unit Street administration fee 1.50% of street fees Commercial Retail $6.21 per bldg sf
Professional Office $5.28 per bldg sf Administration fee 1.50% of fees Industrial $2.90 per bldg sf
Assisted Living $10,346 per EDU Fire Department Fee (Growth Areas) *Other $10,346 per EDU Outside Core Area $2,347 per unit All Projects in Core Area (Page 7) $0 Core Area $0
Sewer oversize Police Department Fee
All Areas except RT Ph 1,2 $1,473 per gross acre Growth Areas $1,134 per unit RT Park Phase 1, 2 $0 Core Area $0
Sewer front footage Special Area Annexation Fee $0 per gross acre All Areas except RT Ph 1,2 $31.15 per linear foot
RT Park Phase 1, 2 $0
Sewer house branch connection Loma Vista Community Centers 4" lateral $136.00 per linear foot Master Plan Zone District Program Fee $1,591 per net acre 6" lateral $138.00 per linear foot
*Other includes hospitals, churches, hotels, motels, schools Library Facilities Impact Fee*** Single family lot $760 per unit
Parks Multi-family, assisted living/group homes $621 per unit Park Acquisition and Development:

All Residential $5,354 per unit
Retail $0.68 per bldg. sf. Utility Undergrounding fee
Office $1.48 per bldg. sf. Underground Area 1 $8,692 per gross acre Industrial $0.48 per bldg. sf. RT Park Phase 1, 2 $2,894 per gross acre All projects in core area (Page 7) $0 Underground Area 2 $0 per gross acre Underground Area 3 $8,268 per gross acre
Refuse Underground Area 4 $7,960 per gross acre Community sanitation fee Underground Area 5 $0 per gross acre Single family lot $481 per unit
Multi-family, non-residential $396 per unit
Neighborhood Park Deposit
Street Area 4 (Loma Vista Specific Plan) $5,395 per unit Sewer Admin., Public Facilities, Misc.

Utility Undergrounding
Neighborhood Park Deposit
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AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective August 29, 2022
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $8,622 $2,044 $802 $68 $74 $11,610 SFR - Very Low Density (0.6 - 2) per unit $8,621 $2,044 $801 $69 $74 $11,609 SFR - Low Density (2.1 - 4) per unit $8,621 $2,044 $801 $69 $74 $11,609 SFR - Medium Density (4.1 - 7) per unit $8,621 $2,044 $801 $69 $74 $11,609 MFR - Medium High Density (7.1 - 15) per unit $5,173 $1,226 $481 $41 $40 $6,961 MFR - High (15.1 - 25) per unit $5,173 $1,226 $481 $41 $40 $6,961 MFR - Very High (25.1 - 43) per unit $5,173 $1,226 $481 $41 $40 $6,961 Retail per 1000 bldg sf $13,607 $3,226 $1,264 $108 $105 $18,310 Office, Public Facilities per 1000 bldg sf $6,205 $1,471 $576 $49 $48 $8,349 Industrial, Assisted Living per 1000 bldg sf $1,669 $396 $155 $13 $13 $2,246 Schools per 1000 bldg sf $10,885 $2,581 $1,011 $87 $84 $14,648 Churches per 1000 bldg sf $6,205 $1,471 $576 $49 $48 $8,349 Mini Storage per gross acre $21,810 $5,175 $2,026 $178 $170 $29,359 Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
Industrial per 1000 bldg sf $1,400 $225 $129 $0 $13 $1,767 Office per 1000 bldg sf $5,205 $835 $481 $0 $48 $6,569
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $412 $0 $105 $0 $74 $591 SFR - Very Low Density (0.6 - 2) per unit $412 $0 $106 $0 $74 $592 SFR - Low Density (2.1 - 4) per unit $412 $0 $106 $0 $74 $592 SFR - Medium Density (4.1 - 7) per unit $412 $0 $106 $0 $74 $592 MFR - Medium High Density (7.1 - 15) per unit $248 $0 $63 $0 $40 $351 MFR - High (15.1 - 25) per unit $248 $0 $63 $0 $40 $351 MFR - Very High (25.1 - 43) per unit $248 $0 $63 $0 $40 $351 Retail per 1000 bldg sf $649 $0 $166 $0 $105 $920
Office, Public Facilities per 1000 bldg sf $296 $0 $76 $0 $48 $420 Industrial, Assisted Living per 1000 bldg sf $79 $0 $21 $0 $13 $113 Schools per 1000 bldg sf $520 $0 $133 $0 $84 $737
Churches per 1000 bldg sf $296 $0 $76 $0 $48 $420
Mini Storage per gross acre $1,040 $0 $270 $0 $170 $1,480 Street Fees
Area 1
Area 1
RT Park Phase 1, 2
Area 2
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AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective August 29, 2022
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $76 $0 $37 $0 $74 $187
SFR - Very Low Density (0.6 - 2) per unit $77 $0 $38 $0 $74 $189 SFR - Low Density (2.1 - 4) per unit $77 $0 $38 $0 $74 $189 SFR - Medium Density (4.1 - 7) per unit $77 $0 $38 $0 $74 $189 MFR - Medium High Density (7.1 - 15) per unit $47 $0 $23 $0 $40 $110 MFR - High (15.1 - 25) per unit $47 $0 $23 $0 $40 $110
MFR - Very High (25.1 - 43) per unit $47 $0 $23 $0 $40 $110 Retail per 1000 bldg sf $122 $0 $60 $0 $105 $287
Office, Public Facilities per 1000 bldg sf $55 $0 $27 $0 $48 $130 Industrial, Assisted Living per 1000 bldg sf $15 $0 $7 $0 $13 $35 Schools per 1000 bldg sf $99 $0 $48 $0 $84 $231
Churches per 1000 bldg sf $55 $0 $27 $0 $48 $130
Mini Storage per gross acre $200 $0 $100 $0 $170 $470
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $6,524 $2,400 $530 $608 $74 $10,136 SFR - Very Low Density (0.6 - 2) per unit $6,524 $2,400 $531 $607 $74 $10,136 SFR - Low Density (2.1 - 4) per unit $6,524 $2,400 $531 $607 $74 $10,136 SFR - Medium Density (4.1 - 7) per unit $6,524 $2,400 $531 $607 $74 $10,136 MFR - Medium High Density (7.1 - 15) per unit $3,914 $1,440 $318 $364 $40 $6,076 MFR - High (15.1 - 25) per unit $3,914 $1,440 $318 $364 $40 $6,076 MFR - Very High (25.1 - 43) per unit $3,914 $1,440 $318 $364 $40 $6,076 Retail per 1000 bldg sf $10,297 $3,788 $837 $959 $105 $15,986 Office, Public Facilities per 1000 bldg sf $4,695 $1,727 $382 $437 $48 $7,289 Industrial, Assisted Living per 1000 bldg sf $1,263 $465 $103 $118 $13 $1,962 Schools per 1000 bldg sf $8,237 $3,030 $670 $767 $84 $12,788 Churches per 1000 bldg sf $4,695 $1,727 $382 $437 $48 $7,289 Mini Storage per gross acre $16,505 $6,077 $1,346 $1,542 $170 $25,640 Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $3,294 $1,710 $362 $204 $74 $5,644 SFR - Very Low Density (0.6 - 2) per unit $3,293 $1,710 $362 $205 $74 $5,644 SFR - Low Density (2.1 - 4) per unit $3,294 $1,710 $362 $205 $74 $5,645 SFR - Medium Density (4.1 - 7) per unit $3,293 $1,710 $362 $205 $74 $5,644 MFR - Medium High Density (7.1 - 15) per unit $1,976 $1,026 $217 $123 $40 $3,382 MFR - High (15.1 - 25) per unit $1,976 $1,026 $217 $123 $40 $3,382 MFR - Very High (25.1 - 43) per unit $1,976 $1,026 $217 $123 $40 $3,382 Retail per 1000 bldg sf $5,198 $2,699 $572 $323 $105 $8,897 Office, Public Facilities per 1000 bldg sf $2,370 $1,231 $261 $147 $48 $4,057 Industrial per 1000 bldg sf $638 $331 $70 $40 $13 $1,092 Schools per 1000 bldg sf $4,158 $2,159 $458 $258 $84 $7,117 Churches per 1000 bldg sf $2,370 $1,231 $261 $147 $48 $4,057 Mini Storage per gross acre $8,337 $4,326 $915 $523 $170 $14,271 Area 4
Area 5
Area 3
Street Fees
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AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective August 29, 2022
Sewer oversize mains Water oversize mains:
10" $9.00 per linear foot 12" main $45.45 per linear foot 12" $21.95 per linear foot 14" main $75.30 per linear foot 15" $47.95 per linear foot 16" main $114.05 per linear foot 18" $78.35 per linear foot 18" main $148.00 per linear foot 21" $117.45 per linear foot 20" main $177.80 per linear foot 24" main $293.60 per linear foot
Sewer overdepth mains:

Water oversize valves:
8' to 12' in depth 12" valve $1,063.00 each
8" main $8.60 per linear foot 14" valve $3,185.00 each 10" main $11.05 per linear foot 16" valve $4,087.00 each 12" main $10.90 per linear foot 18" valve $4,717.00 each 15" main $14.75 per linear foot 20" valve $7,532.00 each 18" main $17.05 per linear foot 24” valve $10,020.00 each 21" main $20.45 per linear foot
12' to 16' in depth
8" main $19.15 per linear foot
10" main $21.50 per linear foot
12" main $21.70 per linear foot
15" main $28.35 per linear foot
18" main $41.45 per linear foot
21" main $43.50 per linear foot
Greater than 16' in depth
8" main $25.35 per linear foot
10" main $28.00 per linear foot
12" main $28.35 per linear foot
15" main $42.25 per linear foot
18" main $51.55 per linear foot
21" main $57.00 per linear foot
Sewer Oversize/Overdepth Reimbursement Rates Water Oversize Reimbursement Rates H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23.xlsxFee Schedule 2022-2023 Full 5 of 5 265
AGENDA ITEM NO. 21.

Land Use
Water Supply Fee
*Outside FID
($/gross acre)
Water Supply Fee
Inside FID
($/gross acre)
Rural Residential
(1 DU/2 AC) 16,100 11,320
Very Low Density Residential
(0.6 – 2.0 DU/AC) 16,100 11,320
Low Density Residential
(2.1 – 4.0 DU/AC) 13,880 9,100
Medium Density Residential
(4.1 – 7.0 DU/AC) 12,210 7,440
Medium High Density Residential
(7.1 – 15.0 DU/AC) 18,320 13,540
High Density Residential
(15.1 – 25.0 DU/AC) 26,090 21,310
Very High Density Residential
(25.1 – 43.0 DU/AC) 40,520 35,740
Mixed Use Village 27,750 22,980
Mixed Use/Business Campus 27,750 22,980
Office 14,990 10,210
Industrial 5,550 780
Neighborhood Commercial 16,100 11,320
General Commercial 16,100 11,320
Open Space 8,330 3,550
Public Facilities 7,770 3,000
Parks 16,650 11,880
Schools 15,540 10,770

WATER SUPPLY FEE
FY 2022-23

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266
AGENDA ITEM NO. 21.

Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Total $6,183,734 $8,372,219 $2,188,485 $8,753,480 $11,763,706 $3,010,226 $9,141,100 $12,122,872 $2,981,773 $15,971,158 $21,098,102 $5,126,945 $17,253,561 $22,681,603 $5,428,041 Per Unit $38,648 $52,326 $13,678 $33,667 $45,245 $11,578 $30,470 $40,410 $9,939 $27,536 $36,376 $8,840 $27,828 $36,583 $8,755 % Change 35.4% 34.4% 32.6% 32.1% 31.5%
Total $4,937,476 $6,583,058 $1,645,581 $6,728,311 $8,856,320 $2,128,009 $7,739,182 $10,110,127 $2,370,946 $13,260,783 $17,206,795 $3,946,012 $14,356,264 $18,521,930 $4,165,666 Per Unit $30,859 $41,144 $10,285 $25,878 $34,063 $8,185 $25,797 $33,700 $7,903 $22,863 $29,667 $6,803 $23,155 $29,874 $6,719 % Change 33.3% 31.6% 30.6% 29.8% 29.0%
Total $4,574,959 $6,164,715 $1,589,756 $6,324,889 $8,397,073 $2,072,184 $7,368,727 $9,683,848 $2,315,121 $12,821,836 $16,712,023 $3,890,187 $13,907,533 $18,017,373 $4,109,841 Per Unit $28,593 $38,529 $9,936 $24,327 $32,296 $7,970 $24,562 $32,279 $7,717 $22,107 $28,814 $6,707 $22,432 $29,060 $6,629 % Change 34.7% 32.8% 31.4% 30.3% 29.6%
Total $6,241,792 $8,115,789 $1,873,997 $8,829,808 $11,357,767 $2,527,959 $9,202,507 $11,836,176 $2,633,668 $16,062,975 $20,559,888 $4,496,914 $17,349,722 $22,107,458 $4,757,735 Per Unit $39,011 $50,724 $11,712 $33,961 $43,684 $9,723 $30,675 $39,454 $8,779 $27,695 $35,448 $7,753 $27,983 $35,657 $7,674 % Change 30.0% 28.6% 28.6% 28.0% 27.4%
Total $5,552,242 $7,373,946 $1,821,704 $7,718,058 $10,159,823 $2,441,765 $8,428,631 $11,003,348 $2,574,717 $14,580,303 $18,961,426 $4,381,123 $15,765,795 $20,399,619 $4,633,824 Per Unit $34,702 $46,087 $11,386 $29,685 $39,076 $9,391 $28,095 $36,678 $8,582 $25,138 $32,692 $7,554 $25,429 $32,903 $7,474 % Change 32.8% 31.6% 30.5% 30.0% 29.4%
Total $8,489,796 $12,175,065 $12,298,894 $21,767,779 $23,421,801 Per Unit $53,061 $46,827 $40,996 $37,531 $37,777
% Change NEW NEW NEW NEW NEW
Note: Water Supply Fee (Base Rate) will increase the development cost by $191,000.00 for Areas 1 through 6, as well as for all 40 acre residential developments.

Area 6
Area 3
Area 4
Area 1
.

Area 2

FULL IMPLEMENTATION
Single-Family Fee Calculation Scenarios
2022-2023 Proposed Fee rates
Area 5

15.5 DU/AC (SFR) - 40 acre development4 DU/AC (SFR) - 40 acre development 6.5 DU/AC (SFR) - 40 acre development 7.5 DU/AC (SFR) - 40 acre development 14.5 DU/AC (SFR) - 40 acre development

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Attachment B of Attachment 1

Page 1 ends

267
AGENDA ITEM NO. 21.

Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Total $8,580,211 $11,456,017 $2,875,807 $14,886,772 $19,808,849 $4,922,077 $16,094,391 $21,303,436 $5,209,045 $20,013,826 $26,460,391 $6,446,565 Per Unit $28,601 $38,187 $9,586 $25,667 $34,153 $8,486 $25,959 $34,360 $8,402 $25,017 $33,075 $8,058 % Change 33.5% 33.1% 32.4% 32.2%
Total $7,178,293 $9,443,272 $2,264,980 $12,176,398 $15,917,542 $3,741,145 $13,197,093 $17,143,763 $3,946,669 $16,275,378 $21,093,071 $4,817,693 Per Unit $23,928 $31,478 $7,550 $20,994 $27,444 $6,450 $21,286 $27,651 $6,366 $20,344 $26,366 $6,022 % Change 31.6% 30.7% 29.9% 29.6%
Total $6,807,838 $9,016,993 $2,209,155 $11,737,451 $15,422,770 $3,685,320 $12,748,362 $16,639,206 $3,890,844 $15,782,615 $20,544,484 $4,761,868 Per Unit $22,693 $30,057 $7,364 $20,237 $26,591 $6,354 $20,562 $26,837 $6,276 $19,728 $25,681 $5,952 % Change 32.5% 31.4% 30.5% 30.2%
Total $8,641,618 $11,169,321 $2,527,702 $14,978,589 $19,270,635 $4,292,046 $16,190,552 $20,729,291 $4,538,739 $20,129,536 $25,724,557 $5,595,021 Per Unit $28,805 $37,231 $8,426 $25,825 $33,225 $7,400 $26,114 $33,434 $7,321 $25,162 $32,156 $6,994 % Change 29.3% 28.7% 28.0% 27.8%
Total $7,867,742 $10,336,493 $2,468,751 $13,495,918 $17,672,173 $4,176,255 $14,606,624 $19,021,452 $4,414,828 $18,089,954 $23,524,524 $5,434,570 Per Unit $26,226 $34,455 $8,229 $23,269 $30,469 $7,200 $23,559 $30,680 $7,121 $22,612 $29,406 $6,793 % Change 31.4% 30.9% 30.2% 30.0%
Total $11,632,039 $20,478,526 $22,043,634 $27,517,940
Per Unit $38,773 $35,308 $35,554 $34,397
% Change NEW NEW NEW NEW
Note: Water Supply Fee (Base Rate) will increase the development cost by $191,000.00 for Areas 1 through 6, as well as for all 40 acre residential developments.

Area 6

FULL IMPLEMENTATION
Area 4
Area 1
Area 2
Area 3
Multi-Family Fee Calculation Scenarios

7.5 DU/AC (MFR) - 40 acre development 14.5 DU/AC (MFR) - 40 acre development 15.5 DU/AC (MFR) - 40 acre development 20 DU/AC (MFR) - 40 acre development 2022-2023 Proposed Fee rates
Area 5

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268
AGENDA ITEM NO. 21.

Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Total $244,332 $340,487 $96,155 $107,793 $150,183 $42,391 $179,744 $250,024 $70,280 % Change 39.4% 39.3% 39.1%
Total $137,203 $186,713 $49,510 $88,069 $121,891 $33,822 $130,897 $179,911 $49,014 % Change 36.1% 38.4% 37.4%
Total $124,179 $172,293 $48,114 $79,608 $112,034 $32,427 $120,906 $168,524 $47,618 % Change 38.7% 40.7% 39.4%
Total $247,520 $319,506 $71,986 $108,964 $145,986 $37,022 $181,588 $240,221 $58,633 % Change 29.1% 34.0% 32.3%
Total $189,204 $256,508 $67,304 $97,939 $134,134 $36,195 $154,796 $211,329 $56,533 % Change 35.6% 37.0% 36.5%
Total $372,085 $148,802 $259,639
% Change NEW NEW NEW
Note: Water Supply Fee (Base Rate) will increase the development cost by $4,780.00 per Acre for Areas 1 through 6.

Area 6

FULL IMPLEMENTATION
Area 4
Area 3
(Core)
2022-2023 Proposed Fee rates
Non-Residential Fee Calculation Scenarios
Area 1
Retail (1 acre site) Industrial (1 acre site) Office (1 acre site) Area 2
Area 5

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269
AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

PHASED IMPLEMENTATION
Effective August 29, 2022
Residential (Units per Acre) Water oversize Residential 2.0 or less $9,672 per unit All Areas except RT Ph 1,2 $2,388 per gross acre Residential 2.1 to 2.5 $9,672 per unit RT Park Phase 1, 2 $258 per gross acre Residential 2.6 to 3.0 $9,672 per unit Residential 3.1 to 3.5 $9,672 per unit Water front footage Residential 3.6 to 4.0 $9,672 per unit All Areas except RT Ph 1,2 $41.05 per linear foot Residential 4.1 to 4.5 $9,672 per unit RT Park Phase 1, 2 $0 Residential 4.6 to 5.0 $8,210 per unit Residential 5.1 to 5.5 $6,748 per unit Non-Potable Water System $2,912 per gross acre Residential 5.6 to 6.0 $6,595 per unit Residential 6.1 to 6.5 $6,442 per unit Residential 6.6 to 7.0 $6,290 per unit Water meter:

Residential 7.1 to 7.5 $6,137 per unit 3/4" $341 each Residential 7.6 to 8.0 $5,984 per unit 1" $424 each Residential 8.1 to 8.5 $5,831 per unit 1 1/2" (residential only) $712 each Residential 8.6 to 9.0 $5,678 per unit 2" (residential only) $906 each Residential 9.1 to 9.5 $5,525 per unit 1 1/2" (landscape) $912 each Residential 9.6 to 10.0 $5,372 per unit 2" (landscape) $1,039 each Residential 10.1 to 10.5 $5,219 per unit 3" (landscape) $1,470 each Residential 10.6 to 11.0 $5,061 per unit 4" (landscape) $2,425 each Residential 11.1 to 11.5 $5,001 per unit 6" (landscape) $4,382 each Residential 11.6 to 12.0 $4,940 per unit 1 1/2" (MFR & Non-res) $1,227 each Residential 12.1 to 12.5 $4,879 per unit 2" (MFR & Non-res) $1,391 each Residential 12.6 to 13.0 $4,818 per unit 3" (MFR & Non-res) $1,919 each Residential 13.1 to 13.5 $4,757 per unit 4" (MFR & Non-res) $2,993 each Residential 13.6 to 14.0 $4,696 per unit 6" (MFR & Non-res) $5,220 each Residential 14.1 to 14.5 $4,635 per unit Residential 14.6 to 15.0 $4,574 per unit Transceiver Fee $145 each Residential 15.1 to 15.5 $4,513 5543
Residential 15.6 to 16.0 $4,452 per unit Water service w/meter:

Residential 16.1 to 16.5 $4,392 per unit 3/4" $6,452 each Residential 16.6 to 17.0 $4,330 per unit 1" $6,536 each Residential 17.1 to 17.5 $4,269 per unit 1 1/2" $7,472 each Residential 17.6 to 18.0 $4,208 per unit 2" $8,107 each Residential 18.1 to 18.5 $4,148 per unit Residential 18.6 to 19.0 $4,087 per unit Residential 19.1 to 19.5 $4,026 per unit Residential 19.6 to 20.0 $3,965 per unit Commercial Retail $4.84 per bldg sf
Professional Office $4.84 per bldg sf
Industrial $1.30 per bldg sf
Schools $10,122 per gross acre
Public Facilities $2.62 per bldg sf
Assisted Living $4.58 per bldg sf
Water Major Facilities Water
Water Service
H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23 - Phased.xlsxFee Schedule 2022-2023 Phased 1 of 5 Attachment C of Attachment 1
270
AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

PHASED IMPLEMENTATION
Effective August 29, 2022
Sewer Major Facilities Undergrounding administration fee 1.50% of UG fees Single Family Residential $9,228 per unit
Multi-Family Residential $7,475 per unit Street administration fee 1.50% of street fees Commercial Retail $5.54 per bldg sf
Professional Office $4.71 per bldg sf Administration fee 1.50% of fees Industrial $2.59 per bldg sf
Assisted Living $9,228 per EDU Fire Department Fee (Growth Areas) *Other $9,228 per EDU Outside Core Area $2,347 per unit All Projects in Core Area (Page 7) $0 Core Area $0
Sewer oversize Police Department Fee
All Areas except RT Ph 1,2 $1,254 per gross acre Growth Areas $1,134 per unit RT Park Phase 1, 2 $0 Core Area $0
Sewer front footage Special Area Annexation Fee $0 per gross acre All Areas except RT Ph 1,2 $31.15 per linear foot
RT Park Phase 1, 2 $0
Sewer house branch connection Loma Vista Community Centers 4" lateral $136.00 per linear foot Master Plan Zone District Program Fee $1,591 per net acre 6" lateral $138.00 per linear foot
*Other includes hospitals, churches, hotels, motels, schools Library Facilities Impact Fee*** Single family lot $760 per unit
Parks Multi-family, assisted living/group homes $621 per unit Park Acquisition and Development:

Utility Undergrounding
Neighborhood Park Deposit
H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23 - Phased.xlsxFee Schedule 2022-2023 Phased 2 of 5 271
AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

PHASED IMPLEMENTATION
Effective August 29, 2022
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $7,047 $1,969 $780 $68 $71 $9,935 SFR - Very Low Density (0.6 - 2) per unit $7,047 $1,969 $779 $69 $71 $9,935 SFR - Low Density (2.1 - 4) per unit $7,047 $1,969 $779 $69 $68 $9,932 SFR - Medium Density (4.1 - 7) per unit $7,047 $1,969 $779 $69 $68 $9,932 MFR - Medium High Density (7.1 - 15) per unit $4,228 $1,181 $468 $41 $39 $5,957 MFR - High (15.1 - 25) per unit $4,228 $1,181 $468 $41 $39 $5,957 MFR - Very High (25.1 - 43) per unit $4,228 $1,181 $468 $41 $39 $5,957 Retail per 1000 bldg sf $11,123 $3,108 $1,230 $108 $101 $15,669 Office, Public Facilities per 1000 bldg sf $5,072 $1,417 $561 $49 $46 $7,145 Industrial, Assisted Living per 1000 bldg sf $1,365 $381 $152 $13 $12 $1,922 Schools per 1000 bldg sf $8,898 $2,486 $985 $87 $80 $12,535 Churches per 1000 bldg sf $5,072 $1,417 $561 $49 $46 $7,145 Mini Storage per gross acre $17,831 $4,982 $1,975 $178 $164 $25,128 Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
Industrial per 1000 bldg sf $1,131 $220 $129 $0 $12 $1,492 Office per 1000 bldg sf $4,206 $814 $481 $0 $46 $5,547
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $412 $0 $105 $0 $71 $588 SFR - Very Low Density (0.6 - 2) per unit $412 $0 $106 $0 $71 $589 SFR - Low Density (2.1 - 4) per unit $412 $0 $106 $0 $68 $586 SFR - Medium Density (4.1 - 7) per unit $412 $0 $106 $0 $68 $586 MFR - Medium High Density (7.1 - 15) per unit $248 $0 $63 $0 $39 $350 MFR - High (15.1 - 25) per unit $248 $0 $63 $0 $39 $350 MFR - Very High (25.1 - 43) per unit $248 $0 $63 $0 $39 $350 Retail per 1000 bldg sf $649 $0 $166 $0 $101 $916
Office, Public Facilities per 1000 bldg sf $296 $0 $76 $0 $46 $418 Industrial, Assisted Living per 1000 bldg sf $79 $0 $21 $0 $12 $112 Schools per 1000 bldg sf $520 $0 $133 $0 $80 $733
Churches per 1000 bldg sf $296 $0 $76 $0 $46 $418
Mini Storage per gross acre $1,040 $0 $270 $0 $164 $1,474 Area 1
Area 1
RT Park Phase 1, 2
Area 2
Street Fees
H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23 - Phased.xlsxFee Schedule 2022-2023 Phased 3 of 5 272
AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

PHASED IMPLEMENTATION
Effective August 29, 2022
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $76 $0 $37 $0 $71 $184
SFR - Very Low Density (0.6 - 2) per unit $77 $0 $38 $0 $71 $186 SFR - Low Density (2.1 - 4) per unit $77 $0 $38 $0 $68 $183 SFR - Medium Density (4.1 - 7) per unit $77 $0 $38 $0 $68 $183 MFR - Medium High Density (7.1 - 15) per unit $47 $0 $23 $0 $39 $109 MFR - High (15.1 - 25) per unit $47 $0 $23 $0 $39 $109
MFR - Very High (25.1 - 43) per unit $47 $0 $23 $0 $39 $109 Retail per 1000 bldg sf $122 $0 $60 $0 $101 $283
Office, Public Facilities per 1000 bldg sf $55 $0 $27 $0 $46 $128 Industrial, Assisted Living per 1000 bldg sf $15 $0 $7 $0 $12 $34 Schools per 1000 bldg sf $99 $0 $48 $0 $80 $227
Churches per 1000 bldg sf $55 $0 $27 $0 $46 $128
Mini Storage per gross acre $200 $0 $100 $0 $164 $464
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $5,773 $2,376 $507 $563 $71 $9,289 SFR - Very Low Density (0.6 - 2) per unit $5,773 $2,376 $507 $562 $71 $9,288 SFR - Low Density (2.1 - 4) per unit $5,773 $2,376 $507 $562 $68 $9,285 SFR - Medium Density (4.1 - 7) per unit $5,773 $2,376 $507 $562 $68 $9,285 MFR - Medium High Density (7.1 - 15) per unit $3,464 $1,425 $304 $337 $39 $5,568 MFR - High (15.1 - 25) per unit $3,464 $1,425 $304 $337 $39 $5,568 MFR - Very High (25.1 - 43) per unit $3,464 $1,425 $304 $337 $39 $5,568 Retail per 1000 bldg sf $9,112 $3,749 $798 $887 $101 $14,646 Office, Public Facilities per 1000 bldg sf $4,155 $1,709 $364 $405 $46 $6,678 Industrial, Assisted Living per 1000 bldg sf $1,118 $460 $98 $110 $12 $1,797 Schools per 1000 bldg sf $7,289 $2,998 $639 $710 $80 $11,716 Churches per 1000 bldg sf $4,155 $1,709 $364 $405 $46 $6,678 Mini Storage per gross acre $14,609 $6,010 $1,279 $1,428 $164 $23,488 Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $2,790 $1,564 $336 $203 $71 $4,963 SFR - Very Low Density (0.6 - 2) per unit $2,790 $1,564 $336 $203 $71 $4,963 SFR - Low Density (2.1 - 4) per unit $2,790 $1,564 $336 $204 $68 $4,961 SFR - Medium Density (4.1 - 7) per unit $2,790 $1,564 $336 $203 $68 $4,960 MFR - Medium High Density (7.1 - 15) per unit $1,674 $938 $202 $122 $39 $2,974 MFR - High (15.1 - 25) per unit $1,674 $938 $202 $122 $39 $2,974 MFR - Very High (25.1 - 43) per unit $1,674 $938 $202 $122 $39 $2,974 Retail per 1000 bldg sf $4,404 $2,468 $532 $321 $101 $7,825 Office, Public Facilities per 1000 bldg sf $2,008 $1,125 $243 $147 $46 $3,568 Industrial per 1000 bldg sf $541 $303 $65 $40 $12 $960
Schools per 1000 bldg sf $3,523 $1,974 $426 $257 $80 $6,259 Churches per 1000 bldg sf $2,008 $1,125 $243 $147 $46 $3,568 Mini Storage per gross acre $7,062 $3,958 $850 $515 $164 $12,548 Area 3
Street Fees
Area 4
Area 5
H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23 - Phased.xlsxFee Schedule 2022-2023 Phased 4 of 5 273
AGENDA ITEM NO. 21.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

PHASED IMPLEMENTATION
Effective August 29, 2022
Sewer oversize mains Water oversize mains:
10" $9.00 per linear foot 12" main $45.45 per linear foot 12" $21.95 per linear foot 14" main $75.30 per linear foot 15" $47.95 per linear foot 16" main $114.05 per linear foot 18" $78.35 per linear foot 18" main $148.00 per linear foot 21" $117.45 per linear foot 20" main $177.80 per linear foot 24" main $293.60 per linear foot
Sewer overdepth mains:

Water oversize valves:
8' to 12' in depth 12" valve $1,063.00 each
8" main $8.60 per linear foot 14" valve $3,185.00 each 10" main $11.05 per linear foot 16" valve $4,087.00 each 12" main $10.90 per linear foot 18" valve $4,717.00 each 15" main $14.75 per linear foot 20" valve $7,532.00 each 18" main $17.05 per linear foot 24” valve $10,020.00 each 21" main $20.45 per linear foot
12' to 16' in depth
8" main $19.15 per linear foot
10" main $21.50 per linear foot
12" main $21.70 per linear foot
15" main $28.35 per linear foot
18" main $41.45 per linear foot
21" main $43.50 per linear foot
Greater than 16' in depth
8" main $25.35 per linear foot
10" main $28.00 per linear foot
12" main $28.35 per linear foot
15" main $42.25 per linear foot
18" main $51.55 per linear foot
21" main $57.00 per linear foot
Sewer Oversize/Overdepth Reimbursement Rates Water Oversize Reimbursement Rates H:\DRU\Development Fees Updates\2022-23\0.0 Fee Schedule 22-23 - Phased.xlsxFee Schedule 2022-2023 Phased 5 of 5 274
AGENDA ITEM NO. 21.

WATER SUPPLY FEE
FY 2022-23

Page 6 ends

275
AGENDA ITEM NO. 21.

Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Total $6,183,734 $7,481,150 $1,297,416 $8,753,480 $10,559,368 $1,805,888 $9,141,100 $10,971,649 $1,830,550 $15,971,158 $19,147,435 $3,176,277 $17,253,561 $20,619,407 $3,365,846 Per Unit $38,648 $46,757 $8,109 $33,667 $40,613 $6,946 $30,470 $36,572 $6,102 $27,536 $33,013 $5,476 $27,828 $33,257 $5,429 % Change 21.0% 20.6% 20.0% 19.9% 19.5%
Total $4,937,476 $5,963,360 $1,025,883 $6,728,311 $8,092,958 $1,364,647 $7,739,182 $9,264,318 $1,525,136 $13,260,783 $15,846,594 $2,585,811 $14,356,264 $17,090,922 $2,734,658 Per Unit $30,859 $37,271 $6,412 $25,878 $31,127 $5,249 $25,797 $30,881 $5,084 $22,863 $27,322 $4,458 $23,155 $27,566 $4,411 % Change 20.8% 20.3% 19.7% 19.5% 19.0%
Total $4,574,959 $5,545,017 $970,058 $6,324,889 $7,633,711 $1,308,822 $7,368,727 $8,838,038 $1,469,311 $12,821,836 $15,351,822 $2,529,986 $13,907,533 $16,586,365 $2,678,833 Per Unit $28,593 $34,656 $6,063 $24,327 $29,360 $5,034 $24,562 $29,460 $4,898 $22,107 $26,469 $4,362 $22,432 $26,752 $4,321 % Change 21.2% 20.7% 19.9% 19.7% 19.3%
Total $6,241,792 $7,358,863 $1,117,071 $8,829,808 $10,371,410 $1,541,602 $9,202,507 $10,835,984 $1,633,477 $16,062,975 $18,901,216 $2,838,241 $17,349,722 $20,357,395 $3,007,672 Per Unit $39,011 $45,993 $6,982 $33,961 $39,890 $5,929 $30,675 $36,120 $5,445 $27,695 $32,588 $4,894 $27,983 $32,835 $4,851 % Change 17.9% 17.5% 17.8% 17.7% 17.3%
Total $5,552,242 $6,644,140 $1,091,899 $7,718,058 $9,217,538 $1,499,480 $8,428,631 $10,033,607 $1,604,976 $14,580,303 $17,361,623 $2,781,320 $15,765,795 $18,712,486 $2,946,691 Per Unit $34,702 $41,526 $6,824 $29,685 $35,452 $5,767 $28,095 $33,445 $5,350 $25,138 $29,934 $4,795 $25,429 $30,181 $4,753 % Change 19.7% 19.4% 19.0% 19.1% 18.7%
Total $7,870,098 $11,411,704 $11,453,084 $20,407,578 $21,990,794 Per Unit $49,188 $43,891 $38,177 $35,185 $35,469
% Change NEW NEW NEW NEW NEW
Note: Water Supply Fee (Base Rate) will increase the development cost by $191,000.00 for Areas 1 through 6, as well as for all 40 acre residential developments.

PHASED IMPLEMENTATION
Single-Family Fee Calculation Scenarios
2022-2023 Proposed Fee rates (Phased Option)
Area 5

15.5 DU/AC (SFR) - 40 acre development4 DU/AC (SFR) - 40 acre development 6.5 DU/AC (SFR) - 40 acre development 7.5 DU/AC (SFR) - 40 acre development 14.5 DU/AC (SFR) - 40 acre development Area 1
.

Area 2
Area 3
Area 4
Area 6

Page 7 ends

Attachment D to Attachment 1
276
AGENDA ITEM NO. 21.

Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Total $8,580,211 $10,369,653 $1,789,442 $14,886,772 $17,983,575 $3,096,802 $16,094,391 $19,375,281 $3,280,890 $20,013,826 $24,096,192 $4,082,366 Per Unit $28,601 $34,566 $5,965 $25,667 $31,006 $5,339 $25,959 $31,250 $5,292 $25,017 $30,120 $5,103 % Change 20.9% 20.8% 20.4% 20.4%
Total $7,178,293 $8,662,321 $1,484,029 $12,176,398 $14,682,734 $2,506,336 $13,197,093 $15,846,796 $2,649,702 $16,275,378 $19,543,308 $3,267,930 Per Unit $23,928 $28,874 $4,947 $20,994 $25,315 $4,321 $21,286 $25,559 $4,274 $20,344 $24,429 $4,085 % Change 20.7% 20.6% 20.1% 20.1%
Total $6,807,838 $8,236,042 $1,428,204 $11,737,451 $14,187,962 $2,450,511 $12,748,362 $15,342,239 $2,593,877 $15,782,615 $18,994,721 $3,212,105 Per Unit $22,693 $27,453 $4,761 $20,237 $24,462 $4,225 $20,562 $24,746 $4,184 $19,728 $23,743 $4,015 % Change 21.0% 20.9% 20.3% 20.4%
Total $8,641,618 $10,233,988 $1,592,370 $14,978,589 $17,737,356 $2,758,767 $16,190,552 $19,113,269 $2,922,717 $20,129,536 $23,763,110 $3,633,574 Per Unit $28,805 $34,113 $5,308 $25,825 $30,582 $4,757 $26,114 $30,828 $4,714 $25,162 $29,704 $4,542 % Change 18.4% 18.4% 18.1% 18.1%
Total $7,867,742 $9,431,610 $1,563,869 $13,495,918 $16,197,764 $2,701,846 $14,606,624 $17,468,360 $2,861,736 $18,089,954 $21,644,277 $3,554,323 Per Unit $26,226 $31,439 $5,213 $23,269 $27,927 $4,658 $23,559 $28,175 $4,616 $22,612 $27,055 $4,443 % Change 19.9% 20.0% 19.6% 19.6%
Total $10,851,088 $19,243,718 $20,746,667 $25,968,177
Per Unit $36,170 $33,179 $33,462 $32,460
% Change NEW NEW NEW NEW
Note: Water Supply Fee (Base Rate) will increase the development cost by $191,000.00 for Areas 1 through 6, as well as for all 40 acre residential developments.

Area 5
Multi-Family Fee Calculation Scenarios

7.5 DU/AC (MFR) - 40 acre development 14.5 DU/AC (MFR) - 40 acre development 15.5 DU/AC (MFR) - 40 acre development 20 DU/AC (MFR) - 40 acre development 2022-2023 Proposed Fee rates
Area 3

PHASED IMPLEMENTATION
Area 4
Area 1
Area 2
Area 6

Page 7 ends

277
AGENDA ITEM NO. 21.

Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Existing FeesProposed FeesDifference Total $244,332 $299,483 $55,151 $107,793 $135,883 $28,090 $179,744 $222,567 $42,823 % Change 22.6% 26.1% 23.8%
Total $137,203 $169,027 $31,824 $88,069 $111,875 $23,806 $130,897 $163,083 $32,186 % Change 23.2% 27.0% 24.6%
Total $124,179 $154,607 $30,428 $79,608 $102,018 $22,410 $120,906 $151,696 $30,790 % Change 24.5% 28.2% 25.5%
Total $247,520 $290,007 $42,486 $108,964 $133,794 $24,830 $181,588 $218,008 $36,420 % Change 17.2% 22.8% 20.1%
Total $189,204 $229,374 $40,170 $97,939 $122,380 $24,441 $154,796 $190,190 $35,394 % Change 21.2% 25.0% 22.9%
Total $354,399 $138,786 $242,811
% Change NEW NEW NEW
Note: Water Supply Fee (Base Rate) will increase the development cost by $4,780.00 per Acre for Areas 1 through 6.

Area 5
Non-Residential Fee Calculation Scenarios
Area 1
Retail (1 acre site) Industrial (1 acre site) Office (1 acre site) Area 2
2022-2023 Proposed Fee rates

PHASED IMPLEMENTATION
Area 6
Area 4
Area 3
(Core)

Page 7 ends

278
AGENDA ITEM NO. 21.

RESOLUTION 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING

PLAN CHECK, INSPECTION SERVICES, ENCROACHMENT PERMITS AND

COMMUNITY INVESTMENT PROGRAM RATES

WHEREAS, Chapter 2 of Title 7 of the Clovis Municipal Code provides rules and regulations for excavations and other work in City streets, for issuance of permits and fees therefor, and provides for a schedule of fees for engineering, inspection, staking and other services rendered by the City in connection with such work performed thereunder ; and

WHEREAS, the Clovis Municipal Code, provide s that fees be fixed by resolution ; and

WHEREAS, the City Council of the City of Clovis desires to revise fees associated with services rendered by the City.

NOW, THEREFORE, IT IS RESOLVED AND ORDERED AS FOLLOWS:

That the City Council of the City of Clovis hereby adopts the following revisions to the fee schedule for services hereinafter set forth:

HOURLY RATE
The hourly rate for Engineering services rendered shall be set at $140 per hour.

WITH RESPECT TO INITIAL SUBMITTAL FEES:

Initial plan review fees shall include four (4) submittals of the plans and preparation of all standard agreements (as indicated below). All additional submittals and preparation of non-standard agreements shall be subject to additional review fees per hour or fractions thereof at the Hourly Rate. Overtime fees will be 1.5 times the Hourly Rate per hour or fractions thereof with a two-hour minimum.

ENCROACHMENT PERMIT FEES:

1. The administrative charge for processing an application for an encr oachment permit shall be based on 1 hour.

2. A minimum inspection fee of 3 hours at the hourly rate, or a fee calculated using the following inspection fees, whichever is greater, shall be applied to the proposed facilities to be installed within the City right -of-way. The fee shall be paid prior to issuance of a permit for the installation or construction of any of the items installed in the City right-of-way.

Attachment 2
279
AGENDA ITEM NO. 21.

INSPECTION FEES:

See Attachment A

HOURLY CHARGES FOR REINSPECTION/RETEST AND OVERTIME:

Inspector Based on the Hourly Rate
Inspector (overtime) 1.5 times the Hourly Rate, two hour minimum Other City Staff Based on the Hourly Rate

COMMUNITY INVESTMENT PROGRAM FEES:

Staff charges to the Community Investment Program will be billed at the established Hourly Rate.

SUBDIVISION PLAN CHECKING, TESTING, AND INSPECTION FEES:

Each person submitting a parcel map or a subdivision map to the Ci ty shall pay to the City, prior to submission of final subdivision or parcel map for approval, a fee for the checking of improvement plans associated with conditions of approval, testing, and inspecting all proposed improvements within the public right-of-way as follows:

 On the first $10,000.00 of the estimated cost of improvements: 7%  On the next $490,000.00 of the estimated cost of improvements: 3.75%  On the estimated cost of improvements in excess of the $500,000: 2%

Said fees established by Section shall be based upon final cost estimates approved by the City Engineer and shall include all improvements as required under the conditions of approval for the entitlement, adjustment in or refund of such fees shall be made once fees have been paid; except when an entitlement is withdrawn or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the payer of said fees to the City Engineer.

OTHER ENTITLEMENT PLAN CHECK FEES
Each person submitting an entitlement other than a parcel map or a subdivision map to the City shall pay to the City, prior to submission of improvement plans for approval, a fee at the Hourly Rate based on 10 hours plus 11 hours per gross acre of development for the checking of all proposed improvement plans associated with conditions of approval within the public rig ht-of-way. For entitlements with minimal conditioned work, the fee shall be based on 4 hours at the Hourly Rate.

INITIAL SUBMITTAL FEES:

The initial submittal of all tract map and parcel map reviews shall include a non-refundable payment for services to be rendered as follows:
 For each initial submittal of parcel maps with minima l off-site improvements: 1.5 hours
280
AGENDA ITEM NO. 21.
 For each initial submittal of parcel maps with significant off-site improvements: 12 hours
 For each initial submittal of tract maps: 30 hours

The initial submittal of all entitlements other than tract map and parcel map reviews shall include a non-refund able payment for services to be rendered as follows:
 For e ach initial submittal: either 20 hours or 10 hours plus 11 hours per gross acres, whichever is less.
 For each initial submittal of entitlements with minimal conditioned work: 4 hours

Said fees for this section shall be considered part of the fees calculated in Paragraphs 2 or 3 above. This initial payment shall be credited against the total plan check and/or inspection fee for the project with the balance due paid prior to final map or improvement plan approval.

The above said plan review fee shall include four (4) submittals of the plans and preparation of all standard agreements (as indicated below). All additional submittals and preparation of non-standard agreements shall be subject to additional review fees of per hour or fractions thereof based on the Hourly Rate. Overtime fees will be 1.5 times the Hourly Rate per hour or fractions thereof with a two-hour minimum.

Standard Agreements shall consist of the following:
 Subdivision and Parcel Map Agreement (a draft and one revision)  Landscape Maintenance District Covenants

Non-Standard Agreements consist of the following:
 Deferment Agreements (includes fees and improvements)  Perpetual Maintenance Agreements
 Escrow Instructions
 Special Research Requests
 Reciprocal Access/Maintenance Agreements
 Solid Waste and/or Temporary Turnaround Covenants
 Deeds, Easements and Irrevocable Offers of Dedication  Right of Entry
 Partial Reconveyances
 Temporary Basin Maintenance Covenants
 Legal Descriptions for Street and Utility Deeds

BE IT FURTHER RESOLVED that the provisions of this Resolution shall not in any way affect provisions for fees or charges in any other Resolution or Ordinance of the City of Clovis.

281
AGENDA ITEM NO. 21.
* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022 by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 20, 2022

______________________________ ______________________________ Mayor City Clerk

282
AGENDA ITEM NO. 21.

Unit
LS

DEVELOPER APPLICATION FEE LS
EA
EA
DAY
LF
LF
SF
SF
SF
SY
EA
EA
EA
EA
EA
LF
EA
WATER TIE-IN, 1"-3" EA
WATER TIE-IN, 4"-6" EA
WATER TIE-IN, 8" AND LARGER EA
EA
LF

WATER METER EA
EA
EA
LF
EA
EA
EA
SF
EA

WELO INSPECTION EA
HR
NOTE:
* includes a $20 Energov Fee
INSPECTION FEES 2022-2023
FIBER UTILITY PROCESSING FEE (1-3 hrs.) $140.00
0 STORM DRAIN MAIN
0 0

SIDEWALK DRAINS
$0.00
$0.00
$140.00 $0.00

WATER SERVICE HOT TAP
0 $0.12

BLOW-OFF

WATER FACILITIES

MANHOLE

FIRE HYDRANT
$93.00

WATER MAIN / SERVICE LINE
0 $0.00
$0.00
$0.00
0 $0.00
$0.00

TOTAL FEES
1 Processing Fee Waver $173.000
Credit $0.00

SUB TOTAL OF FEES
$0.00
PUBLIC IRRIGATION (per each component)

LANDSCAPE FACILITIES
0 $0.00

PUBLIC LANDSCAPE
$70.00
$0.00
$0.00
$93.00MANHOLE
0 DRAIN INLETS $93.00
0 0
0 DRAINAGE FACILITIES
$0.00
$0.00
$2.80 $0.00
$0.00
$0.00
$0.00
$93.00
$93.00
$172.50
0 0 $2.80
$93.00
$345.00
$690.00
0 0 $0.00
0 $2.80
0 $0.00
$0.00
$0.00
$700.00
$44.35

DRIVE APPROACH

A/C PAVEMENT / TRENCH REPAIR

TRAFFIC MARKING / SIGNING
$0.00

SEWER MAIN
0 TRAFFIC CONTROL / LANE CLOSURE
TRAFFIC CONTROL / DETOUR 0

SEWER FACILITIES

SEWER LATERAL
0 0
0 $35.00
$2.10
$0.00
$93.00
$0.00
RE-INSPECTION FEE (per occurrence)

WORKING IN R-O-W WITHOUT PERMIT

CURB / CURB AND GUTTER

VALLEY GUTTER

MISC CONCRETE

SIDEWALK
$0.00
0 $280.00

STREET LIGHTS
0 $0.70
0 $0.00
Quantity Unit Price Total Fee
0 $0.00$2.80
0 0 $1.40 $0.00
$0.70
$0.00
$140.00 $0.00
$0.00
$0.70
0 $140.00 $0.00
0 $0.00

MINIMUM INSPECTION FEE
Fee description

STREET WORK
0 0
PERMIT PROCESSING FEE *
$0.00
$0.00
$210.00 $0.00
$420.00
0 $230.00 $0.00
0 $500.00
Attachment A of Attachment 2
283
AGENDA ITEM NO. 21.

Attachment 3
RESOLUTION 22-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING THE 2022 CITY OF CLOVIS PLANNING DIVISION FEE SCHEDULE

WHEREAS, the City of Clovis Planning Division is proposing an update to the 20 21 Planning Division Fee Schedule; and

WHEREAS, the update to the Fee Schedule is based primarily on the Consumer Price Index (CPI) for All Urban Consumers , including utilizing the average of the last five (5) years of the Consumer Price Index (CPI) percentage changes to arrive at a total increase of 2.94%; and

WHEREAS, certain exceptions to the 2.94% increase are included where the fee is based on the hourly rate; and

WHEREAS, the hourly rate is proposed to increase from the current rate of $119 to $140; and

WHEREAS, the “per acre, per building permit, per sign, per unit, and per lot” fees are not being proposed to change; and

WHEREAS, new fee categories for SB-9 Tentative and Final Parcel Maps are included to accommodate the implementation of SB-9; and

WHEREAS, the City published a Notice of the City Council Public Hearing for June 20, 2022, to consider the 2022 City of Clovis Planning Division fee schedule in the Business Journal ten days prior to said hearing; and

WHEREAS, on June 20, 2022, the City Council considered testimony and information received at the public hearing and the oral and written reports fro m City staff, as well as other documents contained in the record of proceedings relating to the 2022 City of Clovis Planning Division fee schedule , which are maintained at the offices of the City of Clovis Department of Planning and Development Services; and

WHEREAS, the City Council has reviewed and considered the staff report and all written materials submitted in connection with the request and hearing and considering the testimony presented during the public hearing; and

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WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and, based upon the Public Resources Code Section 15061 (b)(3) , there is no substantial evidence that the project will have a significant effect on the environment, therefore, is exempt from CEQA.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis Council approves the 2022 City of Clovis Planning Division fee schedule per Attachment A.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022 by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________ ______________________________ Mayor City Clerk

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$13,063
$22,766
$22,766
$7,221
$4,613
$325
$651
+ $55/Acre General Plan Amendment
Ordinance Amendment $6,017
Appeal requiring a City Council Hearing $1,629
Appeal requiring a Planning Commission Hearing $3,084

ENVIRONMENTAL ASSESSMENT
Not part of any other application (The normal cost of environmental assessments, except EIRs is included in the various application fees) EIR or EA by Consultant hired by the City Cost + 15% (10,000 Initial Deposit) ANNEXATION/ REORGANIZATION Does not include LAFCo Fees
Annexation/ Reorganization
Agricultural Preserve Annexation (In addition to Annexation Fee)

APPEALS
Sphere of Influence Expansion + $119/Acre
City of Clovis Planning Division

FEE SCHEDULE
Effective Date: August ___, 2022 (Adopted on June ___, 2022 by City Council Resolution 22-___ )

ENTITLEMENT FEE

AMENDMENTS

ABANDONMENT
Abandonment (Summary) $1,028
Abandonment of Right-of-Way $1,629
+ $119/Acre
+ $119/Acre
NEPA Compliance Actual Cost

HOME OCCUPATION PERMIT
Small Home Occupation Permit $140
Large Home Occupation Permit $250
Categorical Exemption $1,078
Negative Declaration $4,086
Mitigated Negative Declaration $5,014
Rear Yard Encroachment Permit $220
Staff Research & Document Preparation (Deferment Ag reements, Zoning Confirmations, etc) $140/hr (1 Hr. Min.)

MISCELANEOUS
Adult Oriented Business Permit $7,772

SIGN REVIEW
Sign Review
Determination of Use $4,538
Redistribution Fee (Within the commenting period) $140
Redistribution Fee (After the commenting period) $351
Sign Review (Subdivision)
Sign Review Amendment 1/2 base fee
Sidewalk Permit (Contact the Economic Development Department for more information) $70

RESIDENTIAL SITE PLAN REVIEW
Residential Site Plan Review, Single Family Residential, Subdivision Residential Site Plan Review, Single Family Residential Amendments, Individual Lot $877 + 60/ Building Permit
+ $20/Sign
+ $20/Sign
The following are the fees to be paid when filing an application with the City of Clovis Planning Division. The fee must accompany the application. Once an application is accepted, refunds and/or withdrawals shall be processed in accordance with Development Code Section 9.50.060.

Attachment 4
Attachment A of Attachment 3
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$5,741
$9,703
$4,137
$5,742
$9,703
$4,137
$5,741
$2,156
$2,081
$11,107
$13,514
$3,109
$10,154
$10,154
$13,088
$13,088
$14,843
$14,843
$17,952
MULTIFAMILY DESIGN REVIEW (Objective Standards)
Multifamily Residential Design Review (1-4 Multifamily Units) Multifamily Residential Design Review (5+ Multifamily Units) Multifamily Design Review Amendment
+ $55/Unit
+ $55/Unit
1/2 Established Fee
Site Plan Review, Multifamily Residential (Requiring Planning Commission hearing) Site Plan Review, Amendment 1/2 Established Fee
Site Plan Review, Exterior Amendment/ Amendments to Conditions $1,353

SITE PLAN REVIEW
Site Plan Review, Non-Residential
Site Plan Review, Non-Residential (Requiring Planning Commission hearing) Site Plan Review, 1-4 Multifamily Units
+ $119/Acre
+ $119/Acre
+ $55/Unit
+ $55/Unit
Site Plan Review, Multifamily Residential 5+ Units + $55/Unit Final Parcel Maps
Tentative Tract Map, Planning Commission
Tentative Tract Map, Planning Commission & City Council

SUBDIVISIONS
Lot Line Adjustment- Minor (Involves one lot line) $1,103 Lot Line Adjustment- Major (Involves multiple lot lines) $1,554 Tentative Parcel Maps $6,870
+ $55/Lot or Unit
+ $55/Lot or Unit
+ $55/Lot or Unit
SB9 - Tentative Parcel Maps $6,117
SB9 - Final Parcel Maps + $55/Lot or Unit

USE PERMITS
Administrative Use Permit $1,654
Conditional Use Permit $7,697
Conditional Use Permit, requiring City Council Hearing $9,402 Final Tract Map
Tentative Tract Map- Amendment/ Amendment to Conditions 1/2 Base Fee Refiling of an Expired Tentative Tract Map
(Request can incorporate no changes to the approved map and must be filed within 6 months of expiration) 1/2 Established Fee + $30/Lot or Unit
Conditional Use Permit, Amendment $5,942
Temporary Use Permit $476

VARIANCE
Single Family Residential $4,964
Office & Business Campus PUD
Planned Development Permit (Residential and Non-Residential) + $35/Lot or Unit
+ $35/Lot or Unit
Conditional Use Permit, Extension $2,507
ZONING
Single Family Rezone/ Prezone
Rezone/ Prezone other than Single Family & PCC
Planned Commercial Center (PCC) Rezone/ Prezone
All Other Variances $7,572
Minor Deviation $827
Minor Adjustment- Signs $1,002
+ $55/Acre
+ $55/Acre
+ $55/Acre
Master Plan Community Overlay District Amendments- Minor Amendment $1,353 Master Plan Community Overlay District Amendments- Major Amendment 1/2 Base Fee Planned Commercial Center (PCC) Rezone, Amendments/ Amendments to Conditions 1/2 Base Fee Mixed Use Zone
Master Plan Community Overlay District
+ $55/Acre
+ $55/Acre
Planning and Development Services
Planning Division
1033 Fifth Street, Clovis CA
559-324-2340
https://cityofclovis.com/planning-and-development/planning/applications-and-fees/ 287 AGENDA ITEM NO. 21.

Attachment 4
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AGENDA ITEM NO. 21.
289
AGENDA ITEM NO. 21.

May 10, 2022

City of Clovis Mayor, Councilmembers & Staff
1033 Fifth Street
Clovis, CA 93612

Re: 2022 Developer Impact Fee Increase

De Young Properties would like to submit the following comments regarding the upcoming proposed developer impact fee increase for 2022. First, we would like to commend Staff for their comprehensive research, analysis, and reporting. We would also like to thank Staff for their willingness to meet with and listen to the feedback of the development community. This particular fee increase will have a significant impact on new construction in the City of Clovis, and it is important to fully understand these impa cts before the path forward is decided on.

Second, the real estate market conditions are becoming increasingly tenuous due to a major rise in home prices and, more recently, interest rates. In fact, first time buyer traffic and sales across our entire industry has dropped nearly 20% year over year because interest rates are nearing 6%. We have personally seen this affect at our most recent Pre-Grand Opening in late April where we lost almost half of all interested prospects due to the fact they no longer qualified because interest rates are rising so high so fast. Housing affordability has significantly eroded away, and we are very concerned increasing developer impact fees to the degree Staf f has proposed could decimate the housing industry. Costs across the board have all been going up and in this changing market, builders will no longer be able to increase sales prices. In fact, it is estimated sales prices will recede. Considering City of Clovis developer impact fees are already some of the highest in the area, this make developing in Clovis all the more concerning.

Lastly, Staff has discussed with the development community a number of alternative routes to the full fee increase. De Young Properties would like to strongly recommend the City move forward with the “7.5% CCI” route and defer the rest of the increase to next year. The reason for this recommendation is because the rest of the increase is predo minantly due to a sharp rise in the cost of specific materials, which we believe will eventually peak and then decrease. This deferment w ill allow Staff and the development community more time to monitor these costs and then act appropriately with next year’s review of impact fees. To us, the volatility of these costs looks to be temporary, so we feel it would be prudent to take 290
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additional time to monitor before taking action that could have a very negative impact on the housing market in the City of Clovis.

As always, we appreciate your time and attention.

Sincerely,

______________________________
Brandon De Young, Executive Vice President
De Young Properties
559-903-3361
[email protected]
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AGENDA ITEM NO. 21.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 20, 2022
SUBJECT: Receive and File – Update on the State Water Board’s Emergency Resolution to Reduce Water Demand and Improve Water Conservation.

Staff: Paul Armendariz, Assistant Public Utilities Director Recommendation: Receive and File
ATTACHMENTS: 1. State Water Resources Control Board Resolution No. 2022-0018

2. Emergency Regulation Frequently Asked Questions

CONFLICT OF INTEREST
None

RECOMMENDATION
For the City Council to receive and file an update on the State Water Resources Control Board (State Water Board) Emergency Resolution to reduce water demand and improve water conservation in response to the Governor’s declared statewide drought.

EXECUTIVE SUMMARY
On March 28, 2022, Governor Newsom issued an Executive Order regarding the statewide drought and asked urban water suppliers to increase water conservation. The Executive Order also included a request for the State Water Board to create emergency regulation text requiring urban water suppliers to implement Level 2 of their water shortage contingency plans (WSCP) and establish a ban on the irrigation of non-functional turf by entities in the commercial, industrial, and institutional (CII) sectors. On May 24, 2022, the State Water Board adopted an Emergency Resolution to Reduce Water Demand and Improve Water Conservation (Attachment 1) per the Governor’s Executive Order.

The City is already operating at Level 2 per the WSCP and has been since the 2015 drought in an effort to continue to conserve water. Level 2 consists of three (3) days per week outdoor watering during the months of April through October, and one (1) day per week from November through March. Staff will continue to enforce the City’s water waste and water conservation ordinance. Staff will also continue public outreach to inform and educate customers of the ongoing drought and of the multiple water conservation tools the City offers, such as rebates for 292
AGENDA ITEM NO. 22.
water-efficient appliances, list of acceptable dr ought-tolerant plants, and indoor and outdoor water use audits.

Per the State’s regulation regarding the ban on irrigation of non-functional turf for CII customers, staff will communicate the State’s irrigation restrictions through multiple outreach measures, such as social media and billing inserts and/or direct mailers. Information and e ducation will continue through the duration of the regulation being in effect, which is expected to last for at least one year. The emergency regulation makes violat ions of the ban an infraction . Any entity that is already authorized to enforce infractions, such as a water supplier or local government, may choose to enforce violations of the regulation. At this time, staff does not propose to fine or penalize CII customers, but instead will communicate and educate on the State-required ban of non-functional turf and the importance of conserving water. City staff will also be decreasing irrigation use on City -owned and maintained non-functional turf areas, like streetside landscaping. Maintaining the health of trees is an important requirement in the State’s regulation; therefore, staff will continue to irrigate City -owned trees and will be communicating this requirement to customers.

BACKGROUND
On April 21, M ay 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies , mitigate the eff ects of drought, and ensure the protection of health, safety, and the environment. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Board to consider adopting emergency regulations to increase water conservation. On Ma y 24, 2022, the State Water Board adopted an Emergency Resolution to Reduce Water Demand and Improve Water Conservation. The emergency regulation is expected to become effective mid -June and will remain in effect for one year, unless the State Water Board modifies, readopts, or ends it before then.

CII refers to commercial water users, industrial water users, and institutional water users, and includes homeowners' associations (HOAs), common interest developments, community service organizations, and othe r similar entities , but does not include the residences of these entities' members or separate interests. Non-functional turf means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields, school fields, and parks. Residential properties are not included in the ban on irrigation of non-functional turf.

FISCAL IMPACT
There is a potential for some loss in revenue and that amount will depend on the actual reduction in water use by residential and CII customers. However, the Water Enterprise Fund is expected to remain stable with sufficient drought reserves. If more restrictive or mandated conservation measures are imposed, staff will evaluate the need to implement the Council-adopted drought rates.

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REASON FOR RECOMMENDATION
On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Board to consider adopting emergency regulations to increase water conservation. On May 24, 2022, the State Water Board adopted said emergency regulations.

ACTIONS FOLLOWING APPROVAL
Staff will continue to follow the State Water Board emergency regulation s. Should further restrictions be needed, such as imposing drought rates or fines for non -compliance, staff will seek Council direction prior to implementing.

Prepared by: Paul Armendariz, Assistant Public Utilities Director

Reviewed by: City Manager JH
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AGENDA ITEM NO. 22.

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018

TO ADOPT AN EMERGENCY REGULATION

TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. These proclamations urge Californians to reduce their water use.

3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of non- functional turf by entities in the commercial, industrial, and institutional sectors.

4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.

Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.

ATTACHMENT 1
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2 7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.

8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

9. SaveWater.CA.Gov is an online tool designed to help save water in communities.

This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.

10.Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

11.On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

12.Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

13.On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

14.The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts. 296
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3 15.Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

16.The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

17.The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.

2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes. 297
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4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.

6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.

7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 24, 2022.
4 AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
None
Board Member Nichole Morgan
None
NAY:

ABSENT:

ABSTAIN:

Jeanine Townsend
Clerk to the Board
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5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1)“Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2)“Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3)“Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4)“Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5)“Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non- functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7)“Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10)“Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 299
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6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2)Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3)Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i)The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii)The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii)The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1)Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2)Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3)Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
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7 (f)
(e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2)Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3)Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.

The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976. 301
AGENDA ITEM NO. 22.

Second Water Conservation
Emergency Regulation of 2022
Frequently Asked Questions
Updated: June 6, 2022
General Information
1)Where can I find information on the State Water Board's second water conservation emergency regulation of 2022?
You can find updated documents and subscribe to the Water Conservation Regulations email list for announcements on the State Water Board’s Water Conservation Emergency Regulations webpage.
2) When will the emergency regulation be in effect?
The emergency regulation is expected to become effective on or about June 16, 2022.

The official date will be posted on the Water Conservation Emergency Regulations webpage.
3) How long will the emergency regulation be in effect? Once the emergency regulation takes effect, it will remain in effect for one year, unless the State Water Board (Board) modifies it, readopts it, or ends it before then. 4) Where can I find the adopted emergency regulation?
The adopted regulation text is available on the Board’s Water Conservation Emergency Regulations webpage.
5) What is now required?
• Urban water suppliers must submit preliminary supply and demand assessments to the Department of Water Resources by June 1, 2022.
• Urban water suppliers must implement all conservation actions in their locally adopted plans meant to address at least a water shortage level of 10 to 20 percent (Level 2) by June 10, 2022.
• Owners and managers of commercial, industrial, and institutional properties must not use potable water for irrigating non-functional turf.

Non-Functional Turf
6) What is “turf”?
Turf means “a ground cover surface of mowed grass.” This official definition of turf can be found in section 491 of title 23 of the California Code of Regulations.

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7) What is “non-functional turf”?
Non-functional turf is a ground cover surface of mowed grass that is ornamental and not otherwise used for human recreation purposes. Non-functional turf does not include school fields, sports fields, and areas regularly used for civic or community events. 8)Does the non-functional turf irrigation ban apply to residential properties?
No, residential properties may continue to irrigate turf, subject to local rules. The Board encourages people to reduce turf irrigation on their properties and to convert turf to water-wise plants, but those are not required by this regulation. For more information and practical tips for converting your landscape and making your yard more water-wise, visit SaveOurWater.com.
9)Are there any exceptions to the non-functional turf irrigation ban? The ban only applies to irrigation of non-functional turf in the commercial, industrial, and institutional sectors and only applies to irrigation with potable water. It does not apply to residential lawns or any turf that is regularly used for human recreational purposes, such as community spaces, or sports fields and other turf spaces used for recreation or events. The regulation does not ban the irrigation of trees or other non-turf plantings.

There is an exemption process available for certain low water using turf species and irrigation approaches. To be exempt from the ban, an owner or manager must provide to their water supplier evidence that they have met two requirements: (1) the user must certify that the turf species needs low levels of water (a plant factor of 0.3 or less; “plant factor” is a factor used to estimate the amount of water needed by plants – see section 491 of title 23 of the California Code of Regulations) and (2) the user must demonstrate that the turf is irrigated in a way that uses low levels of water (less than 40 percent of reference evapotranspiration). For more information on plant factors and reference evapotranspiration, see the state's Model Water Efficient Landscape Ordinance. 10)May people use recycled water or greywater to irrigate turf? Yes, however the Board encourages people to prioritize irrigation of trees and other plants due to the severity of the drought and the amount of water required for turf. 11)Does the regulation affect trees? Do urban trees need to be watered?
The regulation does not restrict the watering of trees, just turf. Although most mature trees often require little to no irrigation, some species do. The Board urges people to continue to water trees, even while reducing or stopping the irrigation of turf. Trees that are just getting established may need to be watered more frequently, including hand watering. Trees near or on non-functional turf could be impacted by some responses to the ban on turf irrigation, but the regulation allows continued irrigation of trees even if turf, such as turf under trees, will receive water. For more information about tree species and water needs, visit the Save Our Trees section within SaveOurWater.com. 2 303
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12) Who will enforce the non-functional turf prohibition? Water suppliers and local governments are expected to communicate the ban on irrigation of non-functional turf to their commercial, industrial, and institutional customers. The emergency regulation makes violations of the ban an infraction: any entity that is already authorized to enforce infractions, such as a water supplier or local government, may choose to enforce violations of the regulation.

In addition, anyone may report water waste, including irrigation of non-functional turf on a commercial, industrial, or institutional property, to the Board at SaveWater.CA.Gov.

The Board may use its enforcement authority to respond to violations of the regulation. 13)What actions may a water supplier or local government (or any entity already authorized to enforce infractions) take to enforce violations of the regulation? What actions may the Board take? Local or Board enforcement may include warning letters, conservation orders, and fines (up to $500 per day). The Board also encourages agencies to provide additional assistance to disadvantaged communities and translate conservation announcements and materials into the languages spoken at properties in commercial, industrial, and institutional sectors.
14) Where can I report water waste violations?
You can report water waste violations online at SaveWater.CA.Gov. These reports are sent to local water suppliers and the Board. The website allows you to upload photos, which helps with enforcement decision-making.

Homeowners’ Associations (HOAs) & HOA Residents
15) Does this regulation apply to HOAs?
Yes, but only to non-functional turf on property the homeowners’ association (HOA) owns, not residences. While an individual’s property is considered residential, property owned and maintained by an HOA is considered the same as landscapes owned and maintained by commercial or institutional entities. This means that the regulation does not prevent homeowners from irrigating turf; it prohibits the irrigation of non-functional turf (with potable water) on property an HOA owns. However, the regulation does not ban the irrigation of turf used for recreation or community activities. 16) Who decides if turf is functional?
An HOA should review areas of turf that it maintains, consult with residents, and determine whether the turf is functional or not. Water suppliers may defer to HOAs’ determinations that specific areas of turf are used for recreation or community events.

However, water suppliers also retain the authority to enforce the irrigation ban if there is a documented violation.
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17) Can my HOA stop me from conserving water?
No. Homeowners may remove their lawns and replace them with water-wise plants. If you install water-efficient landscaping during the drought, your HOA cannot prevent you from maintaining it or require you to remove it when there is no longer a drought state of emergency. Additionally, your HOA cannot impose a fine or assessment for reducing or eliminating the watering of vegetation or lawns during a drought state of emergency, nor can it prohibit, or include conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. For more information and practical tips for making your yard more water-wise, visit SaveOurWater.com. 18)Are apartment buildings considered part of the commercial, industrial, and institutional sectors?
Most apartment buildings are part of the residential sector and therefore not subject to the ban on irrigation of non-functional turf. However, apartment buildings may also include commercial facilities, such as ground floor businesses or other commercial operations on site, in the same manner as HOAs (see above). Apartment building owners and managers should check with their water supplier to see whether their building or complex may be considered, in part, commercial, industrial, or institutional and would therefore have some landscaped areas subject to the same rules (and exclusions) as similarly situated landscaped areas in HOAs.

Water Shortage Response Actions
19)Where are instructions for suppliers to submit preliminary annual supply and demand assessments?
Annual supply and demand assessments should be submitted to the Department of Water Resources. Instructions for submitting this information can be found on the Department of Water Resources website.
20)By when must urban water suppliers that have not yet implemented Level 2 water shortage response actions do so? Per the regulation, urban water suppliers must implement Level 2 demand reduction actions by June 10, 2022.
21) What are Level 2 water shortage response actions?
For most urban water suppliers, water shortage responses have been adopted in the supplier’s water shortage contingency plan and include actions intended to respond to a water shortage of 10 to 20 percent. Examples of Level 2 actions include rebate programs, drought rate structures, expanding information campaigns, and restrictions on outdoor irrigation days and times.
22) Are drought rate structures required?
Water suppliers are required to either implement drought pricing or enact a water waste ordinance (see Water Code sections 365-367). When implementing drought pricing, 4 305
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water suppliers should design rates or surcharges to incentivize conservation by high- use customers. Information on conservation pricing is available on the Board’s website. 23)If a water supplier has adequate supply according to its supply and demand assessment, why is it required to implement Level 2 demand reduction actions?
The severity of this new normal makes it imperative that all Californians save water in every way possible. The drought emergency is statewide, and conservation is important to extend supplies so that more water is left for the future and for the environment. All water suppliers can support California’s water resilience through additional conservation. See Question #27 for clarification on which water suppliers may take alternative compliance actions.
24)Are water suppliers required to implement all demand reduction actions in Level 2 of their plan?
Yes, water suppliers are required to implement all of their Level 2 demand reduction actions. However, they do not have to implement new residential connection moratoria if that is one of their Level 2 actions. See Question #27 for clarification on which water suppliers may take alternative compliance actions.
25)Are water suppliers required to implement Level 2 actions that do not reduce the demand for water?
Supply augmentation actions identified in Level 2 of a supplier’s water shortage contingency plan are not required by this regulation; only Level 2 demand reduction actions are required.
26)What if an urban water supplier has not defined Level 2 water shortage response actions?
If an urban water supplier has not already complied with the preexisting requirement to submit a water shortage contingency plan to the Department of Water Resources, then, by July 10, 2022, they are required to implement the minimum demand reduction actions listed in the regulation: (1) a public information and outreach campaign, (2) a weekly irrigation schedule, and (3) bans on water uses as prohibited in the Board’s January 2022 emergency regulation. For more details, see the regulation on the Water Conservation Emergency Regulations webpage. These actions were adopted after considering suggestions from the Department of Water Resources and public comment. 27) Which suppliers may take alternative compliance actions? Water suppliers may elect to implement the minimum actions required of suppliers that have not yet submitted water shortage contingency plans instead of all their Level 2 demand reduction actions if they meet the following criteria: (1) their annual water supply and demand assessment demonstrates an ability to maintain reliable supply until September 30, 2023; (2) they do not rely on, for any part of their supply, the Colorado River, State Water Project, or Central Valley Project, and no more than 10 percent of 5 306
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their supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources; and (3) their average number of gallons of water used per person, per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
28)Does the regulation require urban water suppliers to implement Level 3 actions?
No, but Governor Newsom has encouraged all urban water suppliers to implement stronger actions that would respond to water shortages of up to 30 percent (Level 3 actions).

Other Information
29)Am I subject to both this new regulation and the one adopted in January 2022 that prohibits certain wasteful water-use practices? Yes. Both regulations are currently in effect. (The earlier emergency regulation adopted in January 2022 will remain in effect until January 18, 2023, unless the Board acts to end, modify, or readopt it before then). This means that turf irrigation that is not prohibited must still be done in a manner that does not cause water to flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
30)How is the Board advancing drought resilience and water conservation for the long-term?
Among other ongoing activities related to water rights and water quality, the Board is working on regulations to Make Conservation a California Way of Life, including adopting long-term standards for the efficient use of water and water loss performance standards for urban retail water suppliers. The Safe and Affordable Funding for Equity and Resilience (SAFER) program supports permanent and sustainable drinking water solutions that ensure all Californians have access to safe, affordable, and reliable drinking water. For information and updates on the Board’s drought activities, visit the Board’s Drought website.
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Clovis City CouncilJune 20, 2022

Clovis City Council
June 20, 2022