Chapter 15.44
PUBLIC SAFETY DEVELOPMENT IMPACT FEES
Sections:
15.44.050 Developer Construction.
15.44.010 Purpose.
A. To implement the goals and objectives of the capital improvement program for facilities and equipment of the City of Newport Beach and to mitigate the impacts to the City police and fire services caused by new development in the City, certain public facilities and equipment must be constructed and/or acquired. The public facilities and equipment are specifically identified in the City’s capital improvement program for facilities and equipment as adopted by the City Council and as amended from time to time. The list of police and fire service facilities may be added to or deleted from the approved program. The City Council has determined that a development impact fee is needed to finance these public improvements and to pay for the development’s fair share of the costs of these improvements.
B. In establishing the fees described in this chapter, the City Council has found the fees to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the general plan. (Ord. 2024-32 § 1 (Exh. A), 2024)
15.44.020 Definitions.
In this chapter, unless the context otherwise requires:
“Cost of improvements” means all costs related to acquisition, construction, repair and financing, but does not include costs of routine maintenance.
“Fire service facilities” means capital improvements related to buildings, furnishings, vehicles, equipment, software, and similar facilities utilized by the City’s fire department.
“New development” means any residential or nonresidential (nonresidential includes commercial, office, and industrial) construction project except as specifically exempted in this chapter or by resolution establishing the fee.
“Police service facilities” means capital improvements related to buildings, furnishings, vehicles, equipment, software, and similar facilities utilized by the City’s police department. (Ord. 2024-32 § 1 (Exh. A), 2024)
15.44.030 Established.
A. A police service facilities impact fee is established for development within the City to pay for buildings, furnishings, vehicles, software, and equipment as shown in the adopted capital improvement program for facilities and equipment.
B. A fire service facilities impact fee is established for development within the City to pay for buildings, furnishings, vehicles, software, and equipment as shown in the adopted capital improvement program for facilities and equipment.
C. The City Council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. (Ord. 2024-32 § 1 (Exh. A), 2024)
15.44.040 Use.
The revenues raised by payment of the fire service facilities fee and/or the police service facilities fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
A. Pay for the City’s future facilities described in the resolution enacted pursuant to this chapter, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources; or
B. Reimburse developers who have been required or permitted by this chapter to install such listed facilities which are oversized with supplemental size, length, or capacity. (Ord. 2024-32 § 1 (Exh. A), 2024)
15.44.050 Developer Construction.
A. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to this chapter which facility is determined by the City to have supplemental size, length, or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to the ordinance codified in this chapter on the development project, shall be offered to the developer.
B. 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. (Ord. 2024-32 § 1 (Exh. A), 2024)
15.44.060 Adjustments.
A. A developer of any new development subject to the fees described in this chapter may apply to the City Council for a reduction or adjustment to the fee(s), or a waiver of that fee(s), based upon the absence of any reasonable relationship or nexus between the police service and/or fire service impacts of that development and either the amount of the fee charged or the type of facilities to be financed.
B. A separate application shall be filed for each adjustment request made pursuant to this section. Such application shall be made on a form provided by the City Clerk and shall be filed with the City Clerk not later than:
1. Thirty (30) days prior to the first public hearing on the discretionary permit application for the development project; or
2. If no discretionary permit application is required, within thirty (30) days of filing for a building permit. A building permit for any phase of construction (including grading, demolition, or new construction) shall not be issued until a determination of base fees is final.
C. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the full development impact fee(s) pursuant to the chapter and applicable State law.
D. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final.
E. 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. (Ord. 2024-32 § 1 (Exh. A), 2024)