Chapter 17.16 Redline Version
512-2 (06/20)
CHAPTER 17.16
REAL PROPERTY DEVELOPMENT
FEES
Sections:
17.16.010 Definitions.
17.16.020 Applicability, Payment and
Tracking of Fees.
17.16.030 Garbage collection capital
fee.
17.16.040 Fee for Processing.
17.16.050 Deposit to guarantee
installation.
17.16.060 Engineering fees.
17.16.070 Installation costs.
17.16.080 Pro rata acreage fee.
17.16.090 Pro rata fee on existing
homes on lots which are part
of a larger acreage.
17.16.100 Pro rata fees for existing
commercial or industrial
business on lots which are
part of a larger acreage.
17.16.110 Appeal.
17.16.120 Violation - Penalty.
17.16.010 Definitions.
A. For the purpose of this chapter, the
following words, phrases and terms shall
have the meaning given in this section:
1. A “Builder” means any person,
firm or corporation constructing any
improvements on real property.
2. A “City Clerk” means the city clerk
of the city of Ripon.
3. A “City Council” means the city
council of the city of Ripon.
4. A “Developer” means any person,
individual, firm, partnership, corporation
or unincorporated association developing
real property.
5. A “Owner” means any person, firm
or corporation owning or having an interest
in real property.
6. A “Person” means any person,
individual, form, partnership, corporation
or unincorporated association.
7. A “Real property” means and
includes a single lot, parcel of land, acreage
or an entire subdivision of real property.
B. Whenever any reference is made to
any portion of this chapter, such reference
shall apply to all amendments and
additions thereto, now or hereafter made,
including any resolutions adopted pursuant
to this chapter.
C. The present tense shall include the
past and future tense, and the future tense
shall include the present; the singular
number shall include the plural, and the
plural number shall include the singular;
each gender shall include the other gender.
D. “Development project” means any
project undertaken for the purpose of
development. “Development project”
includes a project involving the issuance of
a permit for construction or reconstruction,
but not a permit to operate.
E. A “Fee” means a monetary
exaction other than a tax or special
assessment which is charged by a local
agency to the applicant in connection with
the approval of a development project for
the purpose of defraying all or a portion of
the cost of public facilities relating to a
development project.
F. A “Public Facilities” includes
public improvements, public services and
community amenities. (Ord. 412 § 1, 1989;
Ord. 294 § 1, 1980; Ord. 758 §5 (part),
2007)
G. A “Utility Company” includes any
individual, firm, partnership, or
corporation that installs and maintains
services to parcels such as electricity,
natural gas, and telecommunications.
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17.16.020 Applicability, Payment and
Tracking of Fees.
A. The City Council finds and declares
that the Public Facilities Finance Plan
prepared by Taussig and Associates, and
adopted by the City Council on June 1,
1999, as well as the AB 1600 Fee
Justification Study adopted and approved
by the City Council on June 1, 1999, as
updated on December 20, 2005, December
27, 2011 and March 1, 2017 adequately
and completely analyze and quantify, and
establish a reasonable relationship between
the fees and charges established therein
and the impact of new development within
the City of Ripon, both in the areas
specifically studied therein, but also within
the remainder of the City of Ripon which
were not studied therein. The City Council
further finds that there is a need for the
establishment of uniform and consistent
development impact fees in connection
with the development of real property
within the City of Ripon, to finance the
public facilities, public improvements, and
community amenities within the City
necessitated by such development. The
City Council further finds that the fees and
charges set forth in the Public Facilities
Finance Plan and AB 1600 Fee
Justification Study, as amended, are
necessary and proper and required in order
that the owner or developer’s fair share of
public facilities impacts within the City are
mitigated. (Ord. 874 § 1, 2018)
B. Any acreage, lot or parcel of real
property, even though it may not be legally
defined as a “subdivision” within the
meaning of this Code or the California
Subdivision Map Act, shall nonetheless
pay, at the time of development, all
applicable development fees, as set forth in
this Chapter, just as if the real property was
in fact a subdivision. Notwithstanding the
foregoing, in the case of a single lot split of
real property within the City, the
development fees set forth in this Chapter
shall be applicable only to the undeveloped
parcel of real property in any single lot
split. All fees applicable to the
development of residential real property
within the City shall be paid at the time of
gas meter release inspection, but not later
than the date of final inspection, whichever
comes first. In the case of non-residential
development projects, the development
impact fees set forth in this Chapter shall
be paid at the time of issuance of a building
permit, except that the Director may in his
discretion, allow the payment of nonresidential development fees to be deferred until the time of gas meter release
inspection, but not later than the date of
final inspection, whichever comes first.
The City Council may adopt implementing
policies and procedures consistent with
this Chapter by resolution. (Ord. 874 § 1,
2018)
C. The development impact fees
specifically set forth in the Public Facilities
Finance Plan and the AB 1600 Fee
Justification Study are hereby adopted and
approved, and are applicable throughout
the entire City of Ripon, in accordance
with the provisions of this Chapter. The
aforementioned development impact fees
shall be listed in the City Fee Schedule and
will automatically be adjusted as of
January 1 of each year, pursuant to the
Engineering News Record Building Cost
Index published and in effect on July 1st of
each year hereafter. In addition, the City
Council may, from time to time, adjust the
development impact fees listed in the City
Fee Schedule, by resolution.
D. Nothing in this Chapter shall be
deemed to limit the discretion of the City
Council to negotiate Development
Agreements with property owners which
Development Agreements may provide for
the payment of development impact fees of
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different types and amounts, based upon
the nature and impact of the development
project proposed by the property owner.
E. Nothing in this Chapter shall be
deemed to modify or waive any obligation
of a property owner to repay Benefit
Assessment District assessments, which
assessments are to be paid at the time of
development of real property. Benefit
Assessment District Fees may be collected
at the time of approval of a Subdivision
Improvement Agreement prior to the
recording of a Final Subdivision Map, or at
such time as may be provided in a
Development Agreement for the property.
F. Real property development fees
previously imposed and collected in the
City pursuant to the requirements of the
Mitigation Fee Act (AB 1600) shall, for
monitoring purposes, be allocated to the
real property development fees imposed
pursuant to the Public Facilities Finance
Plan, the AB 1600 Fee Justification Study,
and the provisions of this Chapter, as set
forth in the AB 1600 Fee Conversion
Table, attached hereto as Attachment One.
(Ord. 616 § 4(b), 1999; Ord. 758 §5 (part),
2007)
G. Notwithstanding any other
provision of this Chapter, for public
projects owned or operated by the Ripon
Consolidated Fire District, such project(s)
shall be exempt from all City of Ripon
development impact fees and inspection
fees, except that where inspections are
performed by third party inspectors, any
fees incurred by the City shall be
reimbursed by the Ripon Consolidated Fire
District. (Ord. 812, 2014)
H. Developed residential properties
(that is, parcels which are partially or fully
developed with one or more residential
dwelling units at the time of annexation)
which are annexed into the City and are
subsequently required under the Ripon
Municipal Code to connect to city water
and/or city sewer service, or which request
to so connect, shall pay the applicable fees
and charges and otherwise comply with
this Chapter and Resolution 99-24, as
amended from time to time. In the event the
owner or developer of these properties
subsequently apply for discretionary land
use permit(s) for modification, further
development, expansion or some other
change of use, as determined by the
Director, the Fees set forth in this Title 17
which were not previously imposed and/or
collected shall be calculated and imposed
by the City as conditions of approval of
said modification, further development,
expansion or change of use, to the full
extent permitted by law. The requirements
of this subsection “H” may be satisfied by
the execution of an Annexation Agreement
or a Pre-Annexation Development
Agreement between the landowner and the
City, in which the extension of and
connection to city services and the
payment of impact fees associated with the
approval of discretionary land use
permit(s) are addressed. (Ord. 874 § 1,
2018)
I. Developed non-residential
properties (that is, parcels which are
partially or fully developed with one or
more commercial, office or industrial
buildings at the time of annexation) which
are annexed into the City and are
subsequently required under the Ripon
Municipal Code to connect to city water
and/or city sewer service, or which request
to so connect, shall pay the applicable fees
and charges and otherwise comply with
this Chapter and by Resolution, as
amended from time to time. In the event
the owner or developer of these properties
subsequently apply for discretionary land
use permit(s) for modification, further
development, expansion or some other
change of use, as determined by the
Director, the Fees set forth in this Title 17
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which were not previously imposed and/or
collected by the City shall be calculated
and imposed by the City as conditions of
approval of said modification, further
development, expansion or change of use
to the full extent permitted by law. The
requirements of this subsection “I” may be
satisfied by the execution of an Annexation
Agreement or Pre-Annexation
Development Agreement between the
landowner and the City, in which the
extension of and connection to city
services and the payment of impact fees
associated with the approval of
discretionary land use permit(s) are
addressed. (Ord. 874 § 1, 2018; Ord 898 §
2, 2020)
17.16.030 Garbage collection capital
fee.
A. There is imposed a garbage
collection capital fee on the construction of
any new residential building, commercial
building or industrial building where
garbage refuse is generated.
B. The fee, payable concurrently with
the issuance of a building permit, is fixed
at one hundred dollars per unit.
C. For purposes of this section, a unit
shall be defined as follows:
1. Housing. A single-family unit shall
be one unit; a duplex shall be two units; a
triplex shall be three units; each subsequent
living unit in addition thereto shall be
considered an additional unit for the
payment of a unit fee.
2. Commercial and Industrial
Buildings. In a building constructed for
more than one tenant or office, each
separate tenant’s office or suite of offices
for a tenant shall be considered to be a unit
D. There shall be no fee imposed on
the remodeling of any building unless it
shall result in the addition of another unit
to the particular building.
E. All sums collected pursuant to this
section shall be placed in a special account
to be used for capital equipment used in
connection with garbage collection in the
city. The above fees shall be listed in the
City Fee Schedule which may be adjusted
by resolution of the city council. Annually,
as of January 1st of each year here-after,
the fee shall be adjusted to reflect any
increase or decrease as shown in the
Engineering News Record Index published
and in effect on July 1st of each year
hereafter. The estimated necessary income
and the expenses of the various projects
contemplated and affected by this garbage
collection capital fee is as set forth in the
Report of the Council Committee RE
AB1600, dated December 23, 1988, filed
with the city clerk. (Ord. 412 § 7, 1989;
Ord. 347 § 4, 1985; Ord. 294 § 2(i), 1980;
Ord. 758 §5 (part), 2007; Ord. 898 § 2,
2020)
17.16.040 Fee for Processing
The City Council may adopt, by
resolution, a schedule of fees for staff
processing, including outside engineering
and legal services, as appropriate, to be
paid by the owner or applicant for a
development project, where the permit
application fee will not, in the sole
discretion of the Director, fully defray the
costs associated with processing the
application. (Ord. 294 § 2 (d), 1980; Ord.
758 §5 (part), 2007)
17.16.050 Deposit to guarantee
installation.
At the sole discretion of the
engineering supervisor, the owner, builder
or developer of any real property other than
that contained in a subdivision, as defined
in the subdivision ordinance of the city,
shall guarantee the installation of or shall
pay a deposit to the city sufficient to cover
the actual cost at the time of development
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of the installation of curbs, gutters,
sidewalks and street paving. The type of
installation, and the amount of any such
deposit or other guarantee, shall be as
determined by the city engineer. The
guarantee of the installation of these
improvements or the deposit, as the case
may be, shall apply to, be charged to, and
paid by the owner, builder on, or developer
of, any real property sought to be annexed
to the city prior to its actual annexation,
and shall also apply to, be charged to and
paid by the owner, builder on, or developer
of, any real property already situated
within the city, sought to be improved or
developed in any manner, which presently
does not already have curbs, gutters,
sidewalks and street paving. In the case of
any lot, parcel or acreage of real property
already situated within the city, the
guarantee of the installation of these
improvements, or the payment of the
deposit covering the cost of any such
installation as required that exceed one
thousand dollars in value as estimated by
the city engineering department, shall be
paid prior to the issuance of any building
permit or other necessary authorization
required to be given by the city in
connection with any such improvements
sought to be made on the real property. For
improvements that do not exceed one
thousand dollars as estimated by the city
engineering department, the owner, builder
or developer shall not be required to post a
deposit for these improvements prior to the
issuance of a building permit. In those
cases where the owner, builder or
developer chooses not to post a deposit
guaranteeing installation of the
improvements, the city building
department shall only conduct building
inspections up to and including the
foundation inspection. All subsequent
inspections will not be made until all
improvements are completed to the city
standards therefore. The above fee shall be
included in the City Fee Schedule which
may be adjusted by resolution of the city
council. The improvement cap shall be
adjusted annually as of January 1st of each
year hereafter to reflect any increase or
decrease as shown in the Engineering
News Record Index published and in effect
on July 1st of each year hereafter. The city
council, for good cause shown, shall have
the right to waive or modify any or all of
the requirements of this section should they
so determine, where special circumstances
exist to justify such action. (Ord. 412 § 8,
1989; Ord. 294 § 2(e), 1980; Ord. 758 §5
(part), 2007; Ord. 898 § 2, 2020)
17.16.060 Engineering Fees.
A. Plan Check Fee. A plan check fee
is fixed in the amount of three percent of
the total estimated construction costs,
which shall be included as a part of any
written subdivision agreement with the
City as required under this Title and/or the
California Subdivision Map Act. This fee
shall also apply and be charged in
connection with the construction of any
improvements of any type in, on, or along
city rights-of-way by the owner, developer,
or building thereof on any real property,
which improvements require any
inspection by the City. Utility Companies
may exclude the cost of utility owned
infrastructure from the total estimated
construction cost.
B. Inspection Fee. An inspection fee
is fixed in the amount of three percent of
the total estimated construction costs,
which shall be included as a part of any
written subdivision agreement with the
City as required under this Title and/or the
California Subdivision Map Act. This fee
shall also apply and be charged in
connection with the construction of any
improvements of any type in, on, or along
city rights-of-way by the owner, developer,
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or builder thereof on any real property,
which improvements require any
inspection by the City. Utility Companies
may exclude the cost of utility owned
infrastructure from the total estimated
construction cost.
C. GIS Fee. A GIS programming fee
is fixed in the amount of one percent of the
total estimated construction costs, which
shall be included as a part of any written
subdivision agreement with the City as
required under this Title and/or the
California Subdivision Map Act. This fee
shall also apply and be charged in
connection with the construction of any
improvements of any type in, on, or along
city rights-of-way by the owner, developer,
or builder thereof on any real property,
which improvements require any
inspection by the City. Utility Companies
may exclude the cost of utility owned
infrastructure from the total estimated
construction cost. (Ord. 616 § 4(g), 1999;
Ord. 758 §5 (part), 2007)
D. Storm Water Development
Submittal Review Fee. A Storm Water
Development Submittal Review Fee shall
be listed in the City Fee Schedule and shall
be applied to “regulated” projects as
defined by the most current version of the
City Storm Water Development Standards
for each review performed, which shall be
included within any Subdivision
Improvement Agreement with the City as
required under this Title and/or imposed
pursuant to the California Subdivision Map
Act. This fee shall also apply and be
charged in connection with the
construction of any improvements of any
type in, on, or along city rights-of-way by
the owner, developer, or builder thereof on
any real property, which improvements
require any inspections or permits by the
City. A second review fee shall be applied
to applicants when, in the opinion of the
City Engineer, the submittal received
requires excessive time to review which is
above and beyond standard practice due to
an inadequate design after the initial
review. The above fee may be adjusted by
resolution of the City Council updating the
City Fee Schedule. Annually, as of January
1st of each year here-after, the fee may be
adjusted to reflect any increase or decrease
as shown in the Engineering News Record
Index published and in effect on July 1st of
each year hereafter. (Ord. 867 § 2, 2017;
Ord. 898 § 2, 2020)
E. Survey Monument Preservation
Fee. A survey monument preservation fee
shall be included in the City Fee Schedule
and shall be applied according to the most
current version of the Survey Monument
Preservation Policy, which shall be
included within any Subdivision
Improvement Agreement with the City as
required under this Title and/or imposed
pursuant to the California Subdivision
MapAct. This fee shall also apply and be
charged in connection with the
construction of any improvements of any
type in, on, or along city rights-of-way by
the owner, developer, or builder thereof on
any real property, which improvements
require any inspections or permits by the
City. The above fee may be adjusted by
resolution of the City Council updating the
City Fee Schedule. Annually, as of January
1st of each year here-after, the fee may be
adjusted to reflect any increase or decrease
as shown in the Engineering News Record
Index published and in effect on July 1st of
each year hereafter. (Ord. 867 § 2, 2017;
Ord. 898 § 2, 2020)
F. USA Markings Removal Deposit.
When the owner, developer, or builder plan
to construct any improvements in, on, or
along city rights-of-way or any real
property, and such improvements require
inspections or permits by the City, the
engineering supervisor shall have the
discretion to require a deposit to guarantee
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satisfactory removal of USA markings
made for the improvements. The above
deposit shall be listed in the City Fee
Schedule, which may be adjusted by
resolution of the City Council. Annually,
as of January 1st of each year here-after,
the deposit may be adjusted to reflect any
increase or decrease as shown in the
Engineering News Record Index published
and in effect on July 1st of each year
hereafter. (Ord. 898 § 2, 2020)
17.16.070 Installation costs.
The owner, developer or subdivider of
any subdivision proposed to be annexed to
the city or of any subdivision on real
property already situated within the city, in
addition to paying the costs and fees as set
forth in this chapter which may be
applicable thereto, shall also pay for the
costs of the installation of all
improvements therein as set forth and the
Ripon Municipal Code and any
amendments thereto of the city, and shall
also enter into a written subdivision
agreement with the city as provided therein
guaranteeing the construction of the
improvements as a condition to the
approval by city of any final map thereof,
and in any event prior to the issuance of
any building permits for any improvement
therein by the city clerk. (Ord. 364 § 2,
1986; Ord. 294 § 2(g), 1980; Ord. 758 §5
(part), 2007)
17.16.080 Pro rata acreage fee.
Whenever any fees as set forth in this
chapter are charged on an acreage basis,
any real property subject thereto which is
less than one acre shall pay its pro rata
share of any such acreage fee based upon
the proportion that the total square footage
contained therein bears to one acre. (Ord.
294 §3, 1980; Ord. 758 §5 (part), 2007)
17.16.090 Pro rata fee on existing homes
on lots which are part of a larger
acreage.
A. When a single home is already
situated on an existing lot or parcel of land
which is only part of a larger parcel or
acreage, the subdivision fee and sanitary
annexation fee as provided for in this
chapter, attributable to and to be paid by
the owner of the existing home thereon,
shall be paid at the time any improvement
is made to the existing home for which a
building permit is required, or if either city
water or sanitary sewer service is then
being used on the smaller lot or parcel of
land or is sought to be used by the owner
of the home on the smaller lot or parcel of
land. The fee to be paid shall be fixed as
the smaller lot or parcel=s proportionate
share of the total subdivision and sanitary
annexation fees for the total real property
then in effect, determined by using the
front footage of the smaller lot or parcel of
land, multiplied by one hundred feet or the
actual depth of the lot or smaller parcel of
land on which the home is located,
whichever is the greater.
B. All remaining fees, including
annexation and sanitary sewer service,
which may be due and payable for the
remainder of the total original acreage of
the owner shall be due and payable at such
time as any of the remaining real property
is sought to be improved or developed, or
a building permit is required for any
improvements thereon, or either city water
or sanitary sewer service is then used
thereon or is sought to be used by the
owner or developer of the remaining
original real property which was not
included as a part of or in the original fee
computation and payment provided for in
subsection (A) of this section for the
smaller lot or parcel of land. (Ord. 399 §1,
1987; Ord. 758 §5 (part), 2007)
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17.16.100 Pro rata fee for existing
commercial or industrial business on
lots which are part of a larger acreage.
A. When a commercial or industrial
enterprise or business is already situated on
an existing lot, parcel, or portion of land
which is only part of a larger parcel of land
or acreage, under common ownership, the
annexation fees and benefit district fees
imposed pursuant to this chapter which are
attributable to the existing commercial or
industrial enterprise or business, shall be
paid at the time any improvement is made
to the existing buildings in which the
commercial or industrial enterprise of
business is operated. City staff shall
determine the fee to be paid which shall be
fixed as the smaller lot, parcel, or portion
of land's proportionate share of the total
annexation and benefit district fees for the
total real property then in effect,
determined by using the front footage of
the smaller lot, parcel, or portion of land,
multiplied by 100 feet or the actual depth
of the lot, parcel, or portion of land on
which the business or commercial
enterprise is then located, whichever is the
greater. However, if either city water or
sanitary sewer service is being used in
connection with the commercial or
industrial enterprise or business on the
smaller lot, parcel, or portion of the land at
the time of annexation, all such fees shall
be immediately due and payable.
B. In the case of expansion of existing
commercial or industrial enterprises or
business, where City staff determines that
the expansion will result in the build-out of
50% or less of the lot or parcel of land or
acreage, including required setbacks and
other dedications, the property owner shall
be charged a pro rata share of the
annexation and benefit fees based on the
amount of acreage covered by the
expansion of the existing business or
industry. The entire amount of annexation
and benefit district fees shall be due and
payable when more than 50% of this lot,
parcel, or acreage is developed.
C. Notwithstanding the foregoing
provisions of this Section, if the property
owner at any time after annexation elects to
connect to either city sewer services or city
water services, or both, all of the
annexation and benefit district fees
applicable to the entire lot, parcel or
acreage shall be immediately due and
payable prior to the connection to and use
of city sewer or water services. The
property owner may apply to the City
Council for a postponement of the payment
of fees upon a showing or special
circumstances. (Ord. 516 § 1, 1994; Ord.
758 §5 (part), 2007)
17.16.110 Appeal.
Any person aggrieved by the decision
of the city clerk, city engineer, or any other
officer or employee of the city as to the
application of the terms of this chapter or
the amount of or application thereto of any
fee or deposit charged under this chapter
shall have the right to file a written appeal
within ten days to the city council, who
shall thereafter hold a public hearing
thereon as soon as the same may legally be
done. The decision of the city council on
any such appeal shall be final. (Ord. 294
§5, 1980; Ord. 758 §5 (part), 2007)
17.16.120 Violation-Penalty.
Any person violating any of the
provisions of this chapter shall be deemed
guilty of a misdemeanor, and upon
conviction thereof, shall be punished as
provided in Chapter 1.08 of this code.
(Ord. 294 §7, 1980; Ord. 758 §5 (part)
2007)