Ordinance No. 2022-133 — Gonzales City Council, June 6, 2022

ORDINANCE NO. 2022-133

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 1.48- “IMPACT MITIGATION FEES” OF THE GONZALES

CITY CODE
WHEREAS, the City has adopted a comprehensive schedule of “impact fees” set forth in Chapter 1.48 of the Gonzales City Code, applicable to new residential, commercial and industrial development, whose purpose is to offset the costs of constructing new or upgrading and expanding existing public facilities necessary to serve such development; and WHEREAS, the City contracted with Willdan Financial Services (“Willdan”), to prepare a “Development Impact Fee Nexus Study Update” (“Nexus Study”) for the City of Gonzales, containing an analysis of public facilities and improvements generally identified in the Gonzales General Plan, City of Gonzales Sphere of Influence Circulation Study Transportation Impact Analysis, Land Use, City of Gonzales Existing City Plus Sphere of Influence Wastewater Master Plan, and City of Gonzales Existing City Plus Sphere Of Influence Water Master Plan, and the need to adjust existing, and in some cases, create new impact fees; and WHEREAS, the Nexus Study was prepared, submitted for review and accepted by the City Council by Resolution 2022-32 on June 6, 2022; and WHEREAS, the City has determined that the proposed amendments are based on the construction of public facilities and/or improvements generally discussed in the City of Gonzales Sphere of Influence Circulation Study Transportation Impact Analysis, Land Use, City of Gonzales Existing City Plus Sphere of Influence Wastewater Master Plan, and City of Gonzales Existing City Plus Sphere Of Influence Water Master Plan, and moreover that specific improvement projects will require environmental analysis on a project-by-project basis, and that as such, the proposed Code Amendment does not require further analysis pursuant to the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City is also of the opinion that a number of the impact fees set forth in the proposed Code Amendment have been established for the purpose of obtaining funds for capital projects necessary to maintain increased service demands within the City’s existing service area, and as such, are exempt from CEQA review pursuant to CEQA Guidelines Section 15273 (a) (4);
WHEREAS, the proposed amendment to the City of Gonzales Development Impact Fees Ordinance is not subject to environmental review per California Code of Regulations 14 CCR section 15378(b)(4) because numerous actions must be taken pursuant to State and local laws and regulations before such policies can be implemented; such actions may include, without limitation, the need to complete financial nexus studies, conduct environmental review and consider individual projects in light of such project-level environmental review, the need to hold public hearings and/or otherwise seek public input before reaching binding decisions, and the need to obtain approvals from other agencies such as the Local Agency Formation Commission of Monterey County (LAFCO);
WHEREAS, in considering the proposed Code Amendment, the City Council has complied with Government Code Section 65913.2 by considering the effect of the Amendment on housing needs in the region and has determined that the proposed Amendment is in keeping with the goals and programs of the City’s General Plan which provide due and adequate consideration of the City’s housing needs; and
WHEREAS, a public hearing on the proposed Code Amendment was noticed by publication in a newspaper of local circulation in accordance with applicable law.

NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:

Section 1. All of the recitals set forth above are true and correct to the best of the Council’s knowledge, and by this reference, are incorporated herein as findings.

Section 2. Chapter 1.48- Impact Mitigation Fees, of the Gonzales City Code is hereby amended as follows:

CHAPTER 1.48

IMPACT MITIGATION FEES
SECTION:

1.48.010: Title

1.48.020: Purpose

1.48.030: Time of Payment

1.48.040: Effective Date

1.48.050: Police Capital Facilities Mitigation Fees

1.48.060: Fire Capital Facilities Mitigation Fees

1.48.070: Water Facilities Mitigation Fees

1.48.080: Sanitary Sewer Facilities Mitigation Fees

1.48.090: Public FacilitiesCirculation System Impact Mitigation Fees

1.48.100: Circulation System Impact Mitigation Fees

1.48.110: Storm Drainage Facilities Impact Mitigation Fees

1.48.120: Pubic Use Facilities Impact Mitigation Fees

1.48.130: Aquatics Facilities Impact Mitigation Fees

1.48.140: Animal Control Facilities Impact Mitigation Fees

1.48.150: Parkland and Park Facilities Impact Mitigation Fees

1.48.110: General City Facilities Impact Mitigation Fees

1.48.010: TITLE: This chapter shall be known and may be cited as the IMPACT MITIGATION FEE ORDINANCE. (1972 Code § 18.02.010)

1.48.020: PURPOSE:

A. The purpose of this chapter is to impose impact mitigation fees on new residential, commercial, industrial and other developments in the city in order to offset the costs of upgrading and expanding public facilities and public services necessitated by such developments. (1972 Code § 18.02.020)
B. General Use Guidelines
In addition to any use identified in a specific section of this chapter, revenues raised by payment of identified impact mitigation fees may be used within the category of facilities for which they were established for the following purposes:

1. To pay for the design, engineering, right of way acquisition and construction of designated facilities and improvements and reasonable costs of outside consultant studies related thereto; and

2. To reimburse the city for designated improvements constructed with city funds from other sources, together with accrued interest; and

3. To reimburse developers who have designed and constructed designated improvements which are oversized with supplemental size, length or capacity; and

4. To pay for and/or reimburse costs of program development and ongoing administration of the involved impact mitigation fee program.

1.48.030: TIME OF PAYMENT: Fees imposed by this chapter shall be due and payable on the date of final inspection of the development, or on the date the certificate of occupancy for the same is issued, whichever occurs later. (1972 Code § 18.02.030)

1.48.040: EFFECTIVE DATE: Fees or charges imposed pursuant to this chapter upon singlefamily or multi-family residential "development projects", as defined in California Government Code section 65928, shall be effective no sooner than sixty (60) days following the final action on the adoption of the fee or charge, or increase in the fee or charge. (1972 Code § 18.02.040)

1.48.050: POLICE CAPITAL FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, CaliforniaStudy Update, prepared by Revenue & Cost Specialists, LLCWilldan Financial Services, in 20062022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of municipal police capital facilities and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs. (1972 Code § 18.04.010) B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing police facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a police facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city and future growth area according to the following schedule:

DetachedExisting City Fee Zone
Single Family Dwelling Unit $923 $292 per unit.

AttachedMultifamily Dwelling Unit $979 $236 per unit.

Mobile Home Dwelling Unit $979 per unit.

Mixed Use/Commercial Lodging Units $575 per unit.

Commercial/Office Uses $3.189 $0.039 per square foot.

Industrial/Manufacturing Uses $0.162021 per square foot.

Future Growth Area
Single Family Dwelling Unit $951 per unit.

Multifamily Dwelling Unit $770 per unit.

Mixed Use/Commercial Uses $0.128 per square foot.

Industrial/Manufacturing Uses $0.070 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.04.025) D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the police capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of police capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced. (1972 Code § 18.04.030)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose, to be known and designated as the "existing city police capital facilities fee fund" and the “future growth area police capital facilities fee fund".”, respectively.

Monies deposited in such fundfunds shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fundfunds, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of police capital facilities as made necessary by new residential, commercial, industrial and other developments in the city.each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of police equipment, including vehicles. (1972 Code § 18.04.040)

1.48.060: FIRE CAPITAL FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, CaliforniaStudy Update, prepared by Revenue & Cost Specialists, LLCWilldan Financial Services, in 20062022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of municipal fire capital facilities, vehicles and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs. (1972 Code § 18.06.010) B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing fire facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a fire facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city and future growth area according to the following scheduleschedules:

DetachedExisting City Fee Zone
Single Family Dwelling Unit $2,141493 per unit.

AttachedMultifamily Dwelling Unit $1,181 $2,019 per unit.

Mobile Home Dwelling $2,104 per unit.

Mixed Use/Commercial Lodging Units $ 964 per unit.

Commercial/Office Uses $2.952 $0.658 per square foot.

Industrial/Manufacturing Uses $0.532362 per square foot.

Future Growth Area
Single Family Dwelling Unit $1,225 per unit.

Multifamily Dwelling Unit $991 per unit.

Mixed Use/Commercial Uses $0.322 per square foot.

Industrial/Manufacturing Uses $0.177 per square foot.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.06.025) D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the fire capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of fire capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced. (1972 Code § 18.06.030)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose, to be known and designated as the "fireexisting city police capital facilities fee fund" and the “future growth area police capital facilities fee fund".”, respectively.

The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of fire equipment, including vehicles. (1972 Code § 18.06.040)

1.48.070: WATER FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, the August 2001 City of Gonzales Water and Sewer Impact Fee Report and the 2006 Amendment Memorandum thereto, prepared by Creegan + D/Angelo, the City of Gonzales Master Facilities Plan And Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, the December 2005 San Francisco ENR Construction IndexStudy Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city and future growth area will cause the city to incur substantial capital costs for the upgrading and expansion of the municipal water system and facilities, the facts and evidence presented establish that there is a reasonable relationship between the need for the upgrading and expansion of such facilities and the impacts thereon caused by the new developments referred to above, and the cost estimates contained in documents and studies referred to above represent the reasonable costs expected to be incurred for the upgrading and expansion of said facilities, and the fees expected to be generated by new development will not exceed the total of those costs. (1972 Code § 18.08.010)
B.B. Fee Imposed:

1. Pursuant to the findings contained in subsection A of this section, and the documents referenced therein, a water facilities mitigation fee is imposed upon each new residential, commercial, industrial and other development in the city and future growth area, according to the following scheduleschedules:

Detached
Existing City Fee Zone
Single Family Dwelling Unit $2,682.20 $12,944
per unit.

Attached Multifamily Dwelling Unit $2,574.91$10,485 per unit.

Mobile Home Dwelling Unit $2,574.91
Remodels $134.11 per fixture unit
Mixed Use/Commercial, Industrial,
Public Facilities, Schools
and Agri-Business $2,682.20 (Or the greater charge of total fixture units x $134.11/ FU or $0.58 Uses
$5.954 per square foot of building
coverage.).

PLUS A fee based on the
diameter of the service line(s) for said
facilities in accordance with the
following schedule:

Service Line Diameter Fee in Inches
1 $0

1.5 $ 2,821
2 $ 6,771

2.5 $ 11,849
3 $ 18,056
4 $ 33,855
6 $ 78,995
8 $142,191
Fire Protection Fee (For
all uses other than residential) $5,191.00 per parcel acre.

2. In computing fees hereunder, "fixture unit equivalents" as defined in the uniform plumbing code (UPC), latest edition adopted and in effect in the city, shall be used. (Ord. 2001-11, 10-1-2001)
3Industrial/Manufacturing Uses $2.977 per square foot.

Future Growth Area
Single Family Dwelling Unit $2,403 per unit.

Multifamily Dwelling Unit $1,946 per unit.

Mixed Use/Commercial Uses $1.106 per square foot.

Industrial/Manufacturing Uses $0.553 per square foot.

2. The amount of fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analysis of those matters set forth in subsection A of this section, the fees prescribed in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.08.030) D. Exception, Waiver: Notwithstanding the provisions of subsection B of this section, the water facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement, development agreement, or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of work done or to be done by the developer on water system facilities located outside of the subject subdivision or other development. Said water facilities mitigation fee may also be waived, in whole or in part, as to a particular development where the city council finds, by resolution, that it would be equitable to do so in order to compensate for water system facilities installed by the developer outside of the subject development at a time prior to the effective date hereof where such installation was done without a written contract but at the request of the city, or with its approval. (1972 Code §

18.08.040)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose and which shall be known as the "existing city water facilities fee fund" and "future growth area water facilities fee fund".", respectively. Monies deposited in said fundfunds shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal water system and facilities made necessary by the development of new residential, commercial, industrial and other projects in the city.each fee zone. (1972 Code § 18.08.050)

1.48.080: SANITARY SEWER FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the contents of the August 2001 City of Gonzales Water and Sewer Impact Fee Report and the 2006 Amendment Memorandum thereto, prepared by Creegan + D’Angelo, the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, the December 2005 San Francisco ENR Construction IndexA. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it that the development of new residential, commercial, industrial and other projects in the city and future growth area will cause the city to incur substantial capital costs for the upgrading and expansion of the municipal sanitary sewer system and facilities, the facts and evidence presented establish that there is a reasonable relationship between the need for the upgrading and expansion of such facilities and the impacts thereon caused by the new developments referred to above, and the cost estimates contained in the studies and documents referred to above represent the reasonable costs expected to be incurred for the upgrading and expansion of said facilities, and the fees expected to be generated by new development will not exceed the total of those costs. (1972 Code § 18.10.010) B. Fee Imposed:

1. 1. Pursuant to the findings contained in subsection A of this section, and the documents referenced therein, a sanitary sewer mitigation fee is imposed upon each new residential, commercial, industrial and other development in the city and future growth area, according to the following scheduleschedules:

DetachedExisting City Fee Zone
Single Family Dwelling Unit $8,726.61 $6,821 per unit.

Attached Multifamily Dwelling Unit $8,377.20
Mobile Home Dwelling Unit $8,377.20
Remodels $ 436.75 per fixture unit
Commercial, Industrial, $8,726.61
(Or the greater charge of total fixture
units x $378.48 or $2.18$5,524 per square foot unit.
of building coverage.)
PLUS
an amount based on wastewater flow
and loading using the following
formula:

N = A [ V + D + S + O – 4]
300 750 310 265
Where:

N = The amount to be paid, in addition to the fee based on fixture units or building square footage. If N is negative, then no additional fee will be charged.

A = Current impact fee charged for a single-family residence.

V = Estimated maximum peak daily flow in gallons Nonresidential Uses $29.53 per day. Assumes 300 gallonsgallon
per day wastewaterof assumed sewer
discharge
Future Growth Area
Single Family Dwelling Unit $10.355 per single-family residenceunit.

D = Estimated average concentration of total dissolved solids (TDS) for the customer expressed in milligrams per liter. Assumes 750 mg/L average for a single family residence.

S = Estimated average suspended solids (SS) for the customer expressed in mg/L.

Assumes 310 mg/l average for single-family residence.

O = Estimated average biochemical oxygen demand (BOD) for the customer expressed in mg/L. Assumes 265 mg/l average for single family residence.

2. In computing fees hereunder, "fixture unit equivalents" as defined in the uniform plumbing code (UPC), latest edition adopted and in effect in the city, shall be used. (Ord. 2001-12, 10-1-2001)
3 Multifamily Dwelling Unit $8,387 per unit.

Nonresidential Uses $44.83 per gallon per day of assumed sewer discharge

2. The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees prescribed in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.10.030) D. Exception, Waiver: Notwithstanding the provisions of subsection B of this section, the sanitary sewer facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of work done or to be done by the developer on sanitary sewer system facilities located outside of the subject subdivision or other development. Said sanitary sewer facilities mitigation fee may also be waived, in whole or in part, as to a particular development where the city council finds, by resolution, that it would be equitable to do so in order to compensate for sanitary sewer system facilities installed by the developer outside of the subject development at a time prior to the effective date hereof where such installation was done without a written contract but at the request of the city, or with its approval. (1972 Code § 18.10.040; amd. 2003 Code)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose and which shall be known as the "sanitaryexisting city sewer facilities fee fund" and "future growth area sewer facilities fee fund".", respectively. Monies deposited in said fundfunds shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal sanitary sewer system and facilities made necessary by the development of new residential, commercial, industrial and other projects in the city.each fee zone. (1972 Code § 18.10.050)

1.48.090: PUBLIC FACILITIESCIRCULATION SYSTEM IMPACT MITIGATION FEES:

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential, commercial lodging, and business projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of public capital facilities, vehicles and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

C. Fee Established:

Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial lodging and business development and the need to construct new or expand existing public facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a public facilities mitigation fee is imposed upon each new residential, commercial lodging and business development in the city according to the following schedule:

Residential Dwelling Unit (all types) $1,952 per unit.

Commercial Lodging Units $ 431 per unit.

Business Uses $1.006 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the public capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of public capital facilities to meet needs created by the new development. Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "public capital facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of public capital facilities as made necessary by new residential, commercial lodging, and business developments in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of public facilities equipment, including vehicles.

1.48.100: CIRCULATION SYSTEM IMPACT MITIGATION FEES:

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, business and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of circulation system capital facilities, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established:

Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial lodging and business development and the need to construct new or expand existing circulation system facilities, such as but not limited to streets, traffic signals and bridges, and the estimated capital costs of constructing and/or acquiring the same, a circulation system facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

DetachedExisting City Fee Zone
Single Family Dwelling Units $4,857Unit $815 per unit.

Attached Multifamily Dwelling Units $3,243Unit $546 per unit.

Mobile Home Units $2,540 per unit.

Mixed Use/Commercial Lodging Units $2,562 per unit.

Commercial Office Uses $4.5622.265 per square foot.

Industrial/Manufacturing Uses $3.172$0.676 per square foot.

Future Growth Area
Single Family Dwelling Unit $14,924 per unit.

Multifamily Dwelling Unit $9,999 per unit.

Mixed Use/Commercial Uses $41.487 per square foot.

Industrial/Manufacturing Uses $12.387 per square foot.

Gonzales Agricultural Business Industrial Park
Industrial/Manufacturing Uses $3.628 per square foot.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the circulation system capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of circulation system capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose, to and which shall be known and designated as the "existing city circulation system capital facilities fee fund,” the "future growth area circulation system facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of ,” and the city, with the exception of short term investments.“Gonzales Agricultural Business Industrial Park circulation system facilities fee fund,” respectively. Monies deposited in said fund, and all interest accruing thereon,funds shall be used exclusively for the purchase, acquisition or of land and easements and the design and construction of additions to and improvements in the municipal circulation system capitaland facilities as made necessary by the development of new residential, commercial lodging, and business developments in the city. The term "capital facilities" as used herein includes land, industrial and other improvements to land, and capital items of circulation facilities equipment. projects in each fee zone

1.48.110: STORM DRAIN100: PARKLAND AND PARK FACILITIES IMPACT MITIGATION FEES:

A. Purpose Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, CaliforniaStudy Update, prepared by Revenue & Cost Specialists, LLCWilldan Financial Services, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of storm drain capital facilities, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established
Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and business development and the need to construct new or expand existing storm drainage system facilities, and the estimated capital costs of constructing and/or acquiring the same, a storm drain facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

Detached Dwelling Units $1,515 per unit.

Attached Dwelling Units $ 538 per unit.

Mobile Home Units $ 102 per unit.

Commercial Lodging Units $ 333 per unit.

Commercial Office Uses $0.670 per square foot.

Industrial Uses $0.834 per square foot.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the storm drain capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of storm drain capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "storm drain capital facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of storm drain capital facilities as made necessary by new residential, commercial, and business developments in the city. The term "capital facilities" as used herein includes land and other improvements to land, and capital items of storm drain facilities equipment.

1.48.120: PUBLIC USE FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 20062022, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the construction, expansion and/or acquisition of public use facilities (senior/community room, council chambers, multi-purpose room/day care facility), that the available facts and evidence establish that there is a reasonable relationship between the need for the expansion or construction of new public facilities and the impacts thereon caused by the new development referenced above, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is reasonable and necessary in order to offset identified estimated costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to expand or construct new public facilities and the estimated capital costs of constructing the same, a public use facilities mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Detached Dwelling Unit $1,318 per unit.

Attached Dwelling Unit $1,629 per unit.

Mobile Home Dwelling Unit $1,722 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the public use facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of public use facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "public use facilities fee fund".acquisition of Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of public use capital facilities as made necessary by new residential development in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.130: AQUATICS FACILITIES MITIGATION FEES:

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to expand or construct new aquatics facilities and the estimated capital costs of constructing the same, an aquatics facilities mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Detached Dwelling Unit $1,056 per unit.

Attached Dwelling Unit $1,305 per unit.

Mobile Home Dwelling Unit $1,379 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the aquatics facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or expansion of aquatic facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "aquatics facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of aquatic capital facilities as made necessary by new residential developments in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.140: ANIMAL CONTROL FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the expansion of the city’s animal control facilities and acquisition of related equipment and vehicles, that the available facts and evidence establish that there is a reasonable relationship between the need for the expansion of animal control facilities and the acquisition of related equipment facilities and vehicles and the impacts caused thereon by the new development referenced above, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is reasonable and necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to expand new animal control facilities and the estimated capital costs of constructing the same, an animal control facilities mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Detached Dwelling Unit $132 per unit.

Attached Dwelling Unit $132 per unit.

Mobile Home Dwelling Unit $132 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code taking into consideration the matters set forth in subsection A and any other relevant evidence.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the animal control facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the expansion of animal control facilities or the acquisition of related equipment and vehicles to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "animal control facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of animal control capital facilities as made necessary by new residential developments in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.140: PARKLAND AND PARK FACILITIES MITIGATION FEES:

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to acquire parkland and expand park facilities and the estimated capital costs of constructing the same, a parkland and park facilities construction mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Parkland and Open Space
Land Acquisition Fee (In-Lieu Fee)
In those cases where land dedication for park land and for open space isFor development not required by the City, in-lieu occurring in subdivisions parkland acquisition impact fees shall be paid as follows:

Detached DwellingSingle Family Unit $3,776 $1,936 per
unit.

Attached DwellingMultifamily Unit $4,668$1,568 per unit.

Mobile Home Dwelling
For development occurring in subdivisions fees in-lieu of parkland acquisition shall be paid as follows:

Single Family Unit $4,934$2,570 per unit.

Multifamily Unit $2,081 per unit
Park Construction Fee:

The Park Construction Fee will be charged to all residential developments, regardless of whether park land has been dedicated or a land acquisition in-lieu fee has been paid:

Detached DwellingSingle Family Unit $4,6827,240 per unit.

Attached DwellingMultifamily Unit $5,788861 per unit.

Mobile Home Dwelling Unit $6,118 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection B of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the parkland and park facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the acquisition of parkland and construction park facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "parkland and park facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of parkland and park capital facilities as made necessary by new residential development in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.110: GENERAL CITY FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of general city capital facilities and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B.Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing general facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a general city facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

Single Family Dwelling Unit $4,811 per unit.

Multifamily Dwelling Unit $3,894 per unit.

Mixed Use/Commercial Uses $0.646 per square foot.

Industrial/Manufacturing Uses $0.355 per square foot.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the general city facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of general capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "general capital facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of general capital facilities as made necessary by new residential, commercial, industrial and other developments in each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of police equipment, including vehicles.

Section 3. Constitutionality. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code or this ordinance should be declared invalid or unconstitutional, then the original ordinance or ordinances codified as the Gonzales Municipal Code shall be in full force and effect.

Section 4. This Ordinance shall be in full force and effect commencing sixty (60) days after the date of its final passage and a summary hereof shall be published once within fifteen (15) days of passage in the Gonzales Tribune, a newspaper of general circulation printed and published in the County of Monterey and circulated in the City of Gonzales.

This ordinance was introduced and read on the _____ day of March, 2006June, 2022 and was finally adopted on the ____ day of ________, 20062022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Matt Gourley, Honorable Mayor
ATTEST:
_____________________________
René L. Mendez, City Manager
809061v1

Gonzales City CouncilJune 6, 2022

Gonzales City Council
June 6, 2022