Res 86-138i~SOLUTI~ NO. 86-138
A RESOLUTION OF T~E CITY COUNCIL
IMpT.FM~N'£~NG ~ CODE S~CTICN 53077.5
l~II~ (]OT,T,~TION OF PUBLIC
I~ CONST~ION ~
~m~F~AS, the legislature has enacted AB 3314 adding Goverrm~_nt Code Section
53077.5, effective Jan,tory 1, 1987; and
~4R. REAS, Section 53077.5 mandates, with specified exceptions, that payments
of fees and charges imposed by a local agency on residential development for the
construction of public improvements shall not be required until the date of
final inspection or the date the certificate of occupancy is issued, whichever
occurs later; and
~/~F~AS, the City of Poway presently requires, by resolution and ordinance,
the payment of scme of said fees prior to final inspection or iss,,ance of
certificate of occupancy, and modification of such requirenent must be adopted
on an interim basis by resolution in order to cc~Dly with Section 53077.5; and
WHEREAS, the staff should be authorized to agree to payment of such fees by
the developer at a time ~rlier than issuance of certificate of occupancy; and
WHEREAS, the public interest in the actual receipt of paymmnt of such fees
necessitates that the City require security be deposited as a condition of
issuance of building permits, securing the actual payment of such fees at the
time of iss,mnce of certificate of occupancy.
NOW, THEREFORE, BE IT RESOLV~] in accoraance with Goverrm%=--nt Code Section
53077.7 as follows:
The following described City of Poway fees are fees "for the construc-
tion of public improvements" as that term is used in Government Code
Section 53077.5:
a. Traffic Mitigation;
b. Drainage;
c. Water Expansion;
d. Park Fees;
e. Sewer Line Charges;
f. Median Improv~nent;
g. Traffic Signal;
h. Street Lights for future construction;
i. Reimbursenent Agreenents
The following described City of Poway fees are not fees "for the
construction of public improvEm~=_nts'' as that term is used in Goverrm~nt
Code Section 53077.5 in that they are service, connection, enforceaent,
inspection, or plan checking fees, or fees otherwise not for the
construction of public improv~aents or facilities by the City of Poway:
Resolution No. 86-138
Page 2
a. School fees;
b. Parkland Dedication;
c. Water Meter;
d. Water Lateral;
e. Water Connection;
f. Sewer Coanection;
g. Sewer Annexatioa;
h. Sewer Cl~nout;
i. Sewer Inspection;
j. Street Light e~ergy charges;
k. P]~n Checking and Building Permit fees;
h. Fire Protectioa Fee.
0
Pending adoption of an ordinance superceding this resolution and
pending the est _~blishment of public improvement accounts and
appropriation of funds thereto as described in Government Code Section
53077.5(b), the fees set forth in Section 1 of this resolution shall
not be payable to the City for residential develo~xaent except as a con-
dition of issuance of a certificate of occupancy of each unit of such
develo~anent or as staff and the developer may' otherwise agree. Those
fees set forth in Section 2 of this resolution shall be payable at such
time as heretofore established by the City without regard to Government
Code Section 53077.5.
4. School fees collected purs,,ant to AB 2926 shall not be subject to the
requirements of Government Code Section 53077.5
A developer wishing to defer the payment of any fees to the iss~ance of
a certificate of occupancy shall as a condition of iss~ance of each
residential building permit deposit security with the City of Poway in
an amount ecDm] to 100% of such fees in the form of surety bond, letter
of credit, or cash deposit in order to secure actual payment of such
fees at the time of iss,~nce of certificate of occupancy.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular m~_ting thereof this 23rd day of Dec~mber, 1986.
Marjorie K. Wahlsten, City Clerk
R/Fee4-4. k/CP42