REPORT TO THE CITY COUNCIL
December 17, 2015
FROM: ESMERALDA Z. SORIA, Councilmember, and
CLINTON J. OLIVIER, Councilmember
SUBJECT
Title
***BILL NO. B-48 - (Intro. 12/10/2015) (For adoption) - Adopting an ordinance adding Article 4.15 to Chapter 12 of the Fresno Municipal Code relating to the exemption of development impact fees for the replacement or reconstruction of existing commercial structures
Body
RECOMMENDATION
It is recommended that Council approve the introduction of the ordinance adding Article 4.15 to Chapter 12 of the Fresno Municipal Code relating to the exemption of development impact fees for the replacement or reconstruction of existing commercial structures.
EXECUTIVE SUMMARY
The proposed ordinance would administratively eliminate the collection of police facilities, parks facilities, fire facilities, major street, and traffic signal impact fees for projects on eligible lots that replace or reconstruct commercial structures that one stood, but no longer exist due to fire loss, teardown, or other causes and where city infrastructure is already in place.
BACKGROUND
Development of commercial reconstruction projects shall be eligible for exemption of development impact fees if the development meets all of the following criteria:
• The development is the reconstruction of an existing commercial building or structure on the site that has been destroyed or demolished.
• The development is substantially similar in size, character, and use to the building or structure being replaced or reconstructed.
• The replacement or reconstruction does not significantly expand or intensify the use of the property; and
• Necessary city infrastructure is already in place.
Applications for the fee exemption shall be submitted to the Public Works Director at or before the time of building permit approval, but after all discretionary planning entitlements. If the Director determines all the criteria are met, the Director shall approve the application. The Director’s decision may be appealed to the City Council.
The ordinance shall expire one year after its final adoption. The City Manager shall prepare and present a report to Council at the end of the fiscal year detailing the amount and type of development impact fees eliminated for each project, and a running total of eliminated fees that may need to be offset by other legally permissible funding sources, and/or capital improvement projects that will be reduced or eliminated.
ENVIRONMENTAL FINDINGS
This is not a project for CEQA purposes.
LOCAL PREFERENCE
This is not a contract subject to local preference.
FISCAL IMPACT
Negligible impact to facilities accounts. An increase to the City in property tax revenue may occur once projects are completed and commercial operations commence at a subject site.
Attachment: Ordinance