Chapter 18.115
DEVELOPMENT IMPACT FEES
Sections:
18.115.010 Findings, purpose and intent.
18.115.030 Establishment of development impact fees and providing for their adoption by resolution.
18.115.040 Automatic adjustment of fees.
18.115.050 Increase by resolution.
18.115.060 Creation of special accounts.
18.115.070 General plan land use to compute fee.
18.115.090 Exemptions established by resolution.
18.115.100 Discretionary fee adjustments.
18.115.110 Developer construction of capital facilities.
18.115.010 Findings, purpose and intent.
The city council finds and determines as follows:
A. That the cost of providing public facilities occasioned by development projects within the city far exceeds the revenue generated by fees exacted from said development projects.
B. Development impact fees are charged to developers in connection with both residential and nonresidential developments, to mitigate the costs associated with additional capital and infrastructure needs attributed to new development.
C. The purpose of this chapter is to provide the mechanism by which the city council will establish, adjust and collect the development impact fees which are imposed on new development, to mitigate the impacts of new development, and that the adoption and implementation of a schedule of development impact fees be in all ways consistent with the requirements of the law, including, without limitation, the California Constitution, and the provisions of Government Code Section 66000 et seq. (the “Mitigation Fee Act”).
D. The development impact fees authorized by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally, by new development projects within the city.
E. The development impact fees authorized by this chapter shall not exceed the reasonable cost of providing the capital and infrastructure needs attributed to new residential and nonresidential development in the city.
F. The fees established pursuant to this chapter shall relate rationally to the reasonable cost of providing public capital and infrastructure needs occasioned by development projects within the city, which capital and infrastructure needs and development projects shall be consistent with the city’s adopted comprehensive general plan.
G. The fees authorized by this chapter shall be consistent with the goals and objectives of the city’s comprehensive general plan and shall be designed to mitigate the impacts caused by new development throughout the city. The development impact fees established herein are necessary in order to finance capital and infrastructure improvements and to provide new development’s fair share of the construction and/or acquisition costs of these improvements.
H. Imposition of development impact fees to finance public facilities and service improvements, including police and fire protection capital and facilities needs, is necessary in order to protect the public safety and welfare.
I. In establishing and adjusting the development impact fees adopted pursuant to this chapter, it is the intent and goal of the city council that, unless otherwise specifically provided in the enacting resolution, the development impact fees reflect the reasonable cost of providing the capital facilities and infrastructure necessitated by new development in the city. [Ord. 260 § 1, 2007; Code 1990 § 6.7.01.]
18.115.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed to them in Government Code Section 66000:
“Development project” shall be defined in accordance with Government Code Section 66000(a). The term “development project” shall also include, without limitation, the erection or installation of manufactured housing or structures, and structures moved into the city.
“Fee” shall be defined in accordance with Government Code Section 66000(b).
“Public facilities” shall be defined in accordance with Government Code Section 66000(d). [Ord. 260 § 1, 2007; Code 1990 § 6.7.02.]
18.115.030 Establishment of development impact fees and providing for their adoption by resolution.
A. A development impact fee is hereby authorized on the issuance of all building permits or other initial entitlement of use within the city, to finance the cost of public facilities and improvements required as a result of new development.
B. The city council shall, by resolution, set forth the specific amount of the development impact fees, describe the benefit and impact area on which the fees are imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities and the reasonable relationship between the fees and the various types of new development on which the fees are imposed, and set forth the time and terms of payment of the fees.
C. On an annual basis, the city council shall review the development impact fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the described public facilities are still needed. [Ord. 260 § 1, 2007; Code 1990 § 6.7.03.]
18.115.040 Automatic adjustment of fees.
Each fee authorized by this chapter shall be adjusted automatically on July 1st of each year, beginning July 1, 2007, by a percentage equal to the McGraw-Hill Construction Index for Southern California for the preceding 12 months. This automatic adjustment shall not apply to fees which are based on variable factors, which result in automatic adjustments or those which specifically indicate otherwise. [Ord. 260 § 1, 2007; Code 1990 § 6.7.04.]
18.115.050 Increase by resolution.
The amount of each fee authorized pursuant to this chapter may be more specifically set and revised periodically by resolution of the city council, with this section being considered as enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.05.]
18.115.060 Creation of special accounts.
Each development impact fee collected pursuant to this chapter shall be deposited in a special account created to hold the revenue generated by each such fee. Monies within each such account may be expended only by appropriation by the city council for specific projects, which are of the same category as that for which the fee was collected. [Ord. 260 § 1, 2007; Code 1990 § 6.7.06.]
18.115.070 General plan land use to compute fee.
The approved comprehensive general plan land use designation for the property to be developed shall be used in the computation of the development impact fees required to be paid by any development project or property. If a parcel contains more than one land use, then the applicable fees shall be prorated by acreage or square footage attributable to each land use. Public properties shall be classified into the category of use as between residential, commercial or industrial, and shall pay the fee pursuant to that classification, as determined by the director of community development. [Ord. 260 § 1, 2007; Code 1990 § 6.7.07.]
18.115.080 Payment of fees.
A. The development impact fees authorized pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of application for any required permit.
B. The fees created pursuant to this chapter shall be calculated on the basis of net acreage or square footage, as determined in the city’s study or report, which forms the basis and justification for the fees. [Ord. 260 § 1, 2007; Code 1990 § 6.7.08.]
18.115.090 Exemptions established by resolution.
The city council shall, by resolution, set forth any exemptions to the development impact fee authorized by this chapter. These exemptions may be reviewed from time to time, and may be revised periodically by resolution of the city council to conform with the law or city policy, with this section being considered enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.09.]
18.115.100 Discretionary fee adjustments.
A. The developer of a project subject to the development impact fees established pursuant to this chapter may apply to the city council for a reduction or adjustment to the fee(s), or a waiver of the fee(s), based upon the lack of any reasonable relationship or nexus between the impacts of that development and the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing as follows:
1. Filed with the city clerk not later than 10 days prior to the public hearing on the development permit application for the project; or
2. If no development permit or public hearing is required, at the time of the filing of the request for a building or other applicable use permit.
B. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application, or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
C. The city council may, from time to time, as the need may arise, and in the city council’s discretion, set forth, by council resolution, specific limitations which will apply to reductions, adjustments, waivers or deferrals of development impact fees which may be made pursuant to his section. [Ord. 260 § 1, 2007; Code 1990 § 6.7.10.]
18.115.110 Developer construction of capital facilities.
Whenever a developer is or has been required, as a condition of approval of a development permit, to construct a public facility which is the subject of this chapter, and which facility is determined by the city council to have supplemental size, length or capacity over that needed for the impact of that development, and when such construction is necessary to ensure efficient and timely construction of the city’s capital facilities network, a reimbursement and/or development impact fee credit agreement shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development project. The specific procedures for reimbursement and/or credit agreements shall be adopted by resolution of the city council, with this section being considered as enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.11.]