Attachment 2
3.36.010 Schedule.
Category Government Building
Facilities Fee
Nonresidential (Per Sq. Ft.)
General Commercial $ 1.42
Neighborhood Commercial 1.42
Commercial Mixed-Use 1.42
Heavy Industrial 0.54
Light Industrial 0.74
Business Park Industrial 1.42
Business Professional 1.86
The government buildings facilities fee will be updated annually based on the change of the Twenty-City U.S. Average Engineering News-Record Official Construction Cost Index, and developer shall pay those fees in place at time payment is due. The first year's adjustment shall reflect the change in the Engineering News-Record Construction Cost Index from the effective date of the fee to January 1, 2008. In each subsequent year thereafter, the adjustment shall reflect the change in the Construction Cost Index from January one year to January the following year. In no event shall the fees be less than in any previous year. The government building facilities fee and the fire facility fee shall be charged at such time as is provided for in Government Code Section 66007.
Category Major
Equipment
Purchase Fee
Commercial (Per Sq. Ft.)
Retail stores $ 0.10
Hotels, motels 0.09
Markets 0.11
Category Major
Equipment
Purchase Fee
Commercial (Per Sq. Ft.)
Professional offices 0.08
Restaurants 0.12
Other commercial use (auto steam cleaners, car washes, mortuaries, and others)
0.12 Institutions—This category includes hospitals, care homes, schools and churches
0.07 Industrial—This category includes utility companies, such as PG&E, telephone companies, etc.
0.07 15.26.010 Permit related fees.
A. In the case of permits for the erection or construction of a new dwelling unit, commercial structures or industrial structures, the following fees shall be assessed. "Dwelling unit, commercial structures or industrial structures," for purposes of permit fees and fire facility fees, means all that area covered by a common roof and, in the case of permitted detached structure, all the area covered by roofs.
Permit
Fees (Effective Jan. 1,
2020)
Government Building Facilities Use
Very Low-Density Residential $5,020.43 per unit
Low-Density Residential $5,020.43 per unit
Medium-Density Residential $4,186.77 per unit
High-Density Residential $3,767.96 per unit
Commercial Mixed-Use $3,767.96 per unit
Major equipment purchase $350.00 per unit
Permit
Fees (Effective Jan. 1,
2020)
Fire Facility Fee (Effective Feb. 4, 2020)
Residential
Single-Family $0.31 per square foot
Multifamily $0.37 per square foot
Non-Residential
Commercial $0.23 per square foot
Office $0.30 per square foot
Industrial $0.10 per square foot
Assisted Living $2,262.77 per bed
Mobile Home Parks/Modular/Campsites $751.76 per unit
AB. For all mobile home parks, modular buildings and campsites where building square footage of a structure is not available, the fire facility fee shall be six hundred dollars per unit. "Unit," as used in this subsection, means that space designed to be occupied by one self-contained (i.e., one mobile home, one modular building use or one campsite).
BC. All fire facility fees are due and payable at the time the property which is subject to a building permit has been determined by the building official or designee as ready for occupancy.
CD. The fire facility fee set forth in this section shall not apply to projects that hold valid vested tentative maps as of the effective date of Ordinance No. 1173 or persons who possess building permits issued prior to the effective date of Ordinance No. 1173; for these projects and permit holders, the fee in existence prior to this amendment shall remain in effect.
E. The government building facilities fee will remain at the above-noted fee through December 31, 2011. Effective January 1, 2012, the government building facilities fee will be adjusted to reflect the previous two years' changes of the Twenty-City U.S. Average Engineering News-Record (ENR) Official Construction Cost Index.
Thus, the government building facilities fee that will become effective January 1, 2012 shall be the amount assessed effective January 1, 2007, plus the ENR increase from January 1, 2010 to January 1, 2011, and the ENR increase from Janu- ary 1, 2011 to January 1, 2012. In each subsequent year thereafter, the adjustment shall reflect the change in the Construction Cost Index from January one year to January the following year, and developer shall pay those fees in place at time payment is due. In no event shall the fees be less than in any previous year.
F. The government building facilities major equipment purchase fees required by this section for a residential development shall be paid upon final inspection, or the date the certificate of occupancy is issued, whichever occurs first. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, shall execute a "Development Fee Deferral Agreement and Notice of Lien with Power of Sale" to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the San Joaquin County recorder and shall constitute a lien for the payment of the fee. No certificate of occupancy for a dwelling unit within a residential development subject to this section will be issued unless and until the fees are paid in full. For purposes of this section, "final inspection" and "certificate of occupancy" shall be defined as those terms are defined in Government Code Section 66007, as amended.
Chapter 3.44 Government Building Facilities Fee
3.44.010 Findings and Intent
The city council hereby finds and declares that:
a. New development projects in the city have had and will continue to have significant citywide impacts on the availability and adequacy of government buildings and facilities. b. It is the city’s intent and desire to provide government buildings and facilities necessary to serve residential and nonresidential development within the city. c. The imposition of impact fees is one of the customary methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development in order to promote and protect the public health, safety, and welfare.
d. The provisions of this chapter are enacted pursuant to the City of Manteca General Plan and Section 66000 et seq. of the California Government Code (the “Mitigation Fee Act”).
3.44.020 Purpose
The council of the city declares that the fees required to be paid are imposed pursuant to the powers of the city for the purpose of generating revenue for government building facilities, which are necessary to serve new development and ensure that new development pays for its fair share of government buildings and facilities.
3.44.030 Fee Established
a. A government building facilities fee is established to pay for City-owned general government building facilities.
b. Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the government building facilities, describe the benefit and impact area on which the government building facilities fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the government building facilities fee and the need for the public facilities and the types of future development projects on which the government building facilities impact fee is imposed, and set forth time for payment.
3.44.040 Use of Fee Revenues
The revenues raised by payment of the government building facilities fee shall be accounted for in the City’s Government Facilities Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such accounts, and fee expenditures. These monies shall be used for the following purposes:
a. To pay for design, engineering, right-of-way acquisition and construction of the government building facilities designated in the Government Building Facilities Fee Capital Improvement Plan, which shall be adopted by resolution of the City Council and may be amended from time to time pursuant to Government Code section 66002; b. To reimburse developers who have designed and constructed government building facilities, or portions thereof, as designated in the Government Building Facilities Fee Capital Improvement Plan; and/or
c. To pay for and/or reimburse costs of program development and ongoing administration of the government building facilities fee program.
3.44.050 Exemptions
The following developments shall be exempt from the requirements of this chapter:
a. Governmental or public facilities.
b. Public elementary schools and secondary schools.
c. Alterations or renovations of an existing building or structure where no new dwelling units or new nonresidential space is created. d. The replacement of a destroyed or partially destroyed or damaged building or structure where no additional dwelling units or new nonresidential space is created.
3.44.060 Determination of Required Fees
a. The Development Services Director shall be responsible for determining the fees required by this chapter. This determination shall be made at the time of application for the building permit or at the time of approval for a change in use. b. The government building facilities fee may be modified automatically on an annual basis in accordance with the change in the Engineering News Record (“ENR”) construc- tion cost index for the San Francisco area. This adjustment shall not require any action of the city council.
3.44.070 Payment of Fees
a. Fees required by this chapter shall be paid at the time of issuance of a building permit for a development, unless an applicant for a residential development project requests to enter into an agreement with the city, pursuant to Government Code, section 66007, to pay the fees at the time of final inspection or when the certificate of occupancy is issued, whichever occurs first. An agreement to defer payment until the issuance of a certificate of occupancy or the time of the final inspection must be executed and recorded before the city will issue a building permit for the development project. Unless otherwise required by state law, the fees imposed shall be paid in an amount equal to the fees in effect at an applicant submits a complete application for a building permit for such development.
b. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional government building facilities fee, the fee amount associated with the existing use on the project site, at the current rates then in effect, shall be credited against the new total fee due, as determined by the City Manager; provided, however, that in no event shall the city refund the fees previously paid.
3.44.080 Developer Construction of Facilities
If a developer is required, as a condition of approval of a permit, to construct a government building facility that has been designated to be financed with government building facilities impact fees, a credit against the fee otherwise levied by this chapter on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.
3.44.090 Impact Fee Adjustments
Any person subject to a fee required by this chapter may apply to the City Manager, or the City Manager’s designee, for a reduction, adjustment or waiver of that fee based upon the applicant’s contention that (1) the amount of the fee is not reasonably related to the impacts of the applicant’s development project on government building facilities; (2) the fee is not roughly proportionate to the development’s impact on the need for government building facilities; or (3) the fee requires the developer to pay more than is necessary to address the impacts of the new development on government building facilities. a. Application. An applicant shall file a written request to adjust fees with the Development Services Director not later than 10 days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the City Manager, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship and/or is not roughly proportionate to the impacts of the development on the need for government building facilities within the city and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a building permit prior to the city’s issuance of a final determination on the adjustment application, the applicant shall deposit the fee with the application. Such fee or portion thereof will be refunded if the application is successful. b. Decision of the Development Services Director. The Development Services Director shall issue a decision on the application within 30 days after the application is filed.
The Development Services Director shall consider evidence from the applicant, from the city department imposing the fee or charge, and from other persons who may have personal knowledge of relevant information concerning the fee or charge. The Development Services Director’s decision shall state his or her determination regarding the amount of the government building facilities fee that may reasonably be imposed on the new development and include a brief description of the basis for the decision. The decision of the Development Services Director is final and may be appealed or protested pursuant to Government Code Section 66020.