Chapter 9.46
DEVELOPMENT IMPACT FEE

Sections:

9.46.010    Scope.

9.46.020    Community development department.

9.46.030    Public interest agreements.

9.46.040    Development impact fee fund.

9.46.010 Scope.

The provisions of this chapter provide for the assessment and collection of development impact fees on development activity within the city development impact fees:

(1)    Shall only be imposed for public water system improvements that are reasonably related to new development;

(2)    Shall not exceed a proportionate share of the cost of the public water system improvements (including the costs of previously constructed public water system improvements) reasonably related to new development; and

(3)    Shall not be imposed to make up for deficiencies in any previously constructed public water system improvements.

(Ord. 2247 § 1 (part), 3-25-08)

9.46.020 Community development department.

(1)    The development impact fees imposed by this chapter shall be assessed by the department of community development, on behalf of the city, at the time of application for the building permit, and shall be due and payable, in whole, at the time of issuance without interest.

(2)    Failure to pay the development impact fee for a given development activity at the time of assessment shall result in the denial of the building permit for which the owner has applied.

(Ord. 2247 § 1 (part), 3-25-08)

9.46.030 Public interest agreements.

(1)    Where the city manager determines that the public interest would be served by such an agreement, he or she is hereby authorized to execute agreements on behalf of the city with applicants in order to provide a credit to the applicant against certain development impact fees in exchange for the applicant’s construction and dedication of oversized public water system improvements that equal the normal impact fee from the impact fee schedule.

(2)    The city manager is empowered to negotiate and execute agreements to defer, waive or reduce any development impact fees upon an applicant for a particular development project, but only if the city manager determines, upon evidence presented by the applicant, that (i) the development project will provide a general benefit to the health, safety, and welfare of the citizens of the city of South Gate, and will not only be of special benefit to an applicant by increasing revenue to the city of South Gate through sales tax measures that equal the expense of the impact fee in a two-year time frame after business begins operation or if the new development project employs one hundred full-time employees in the intended operation of the new development project.

(Ord. 2247 § 1 (part), 3-25-08)

9.46.040 Development impact fee fund.

(1)    There is hereby created in the city treasury a special fund designated the Service Area No. 1 development impact fee fund (the “impact fee fund”). The finance director is hereby directed to establish a separate account within the impact fee fund for each type of public facility for which development impact fees are imposed, and to deposit all development impact fees into the appropriate account in the impact fee fund upon receipt. The money in the accounts of the impact fee fund shall be invested in any investment authorized for the investment of city funds. All interest and profits derived from the investment of money in each account in the impact fee fund shall be retained in such account.

(2)    The development impact fees deposited in each account in the impact fee fund, and the interest and profit received from the investment thereof, shall be expended only for public water facilities of the type for which such development impact fees were collected.

(3)    The city shall prepare an annual report on the impact fee fund, which shows the source and amount of all moneys collected, earned or received, and the public facilities that were financed in whole or in part by development impact fees.

(4)    The development impact fees shall be established by resolution of the city council.

(Ord. 2247 § 1 (part), 3-25-08)