29.1.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for transportation facilities.
b) Failure to enhance the ability of the City’s transportation system to accommodate increased traffic by improving traffic flow will make it more difficult for residents, employers, and employees to access residences and places of employment and could cause unacceptable harm to the quality of life in the City.
c) Sources of City revenue other than transportation facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on transportation facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s transportation system. The City may therefore require developers to mitigate transportation impacts caused by their development and to pay transportation facilities impact fees that will be used to mitigate those impacts by constructing transportation facilities pursuant to the most current Transportation Facilities Plan.
e) The amount of transportation facilities impact fees collected pursuant to this Chapter shall be limited to the cost of transportation impact mitigation attributable to new development. The amount of transportation facilities impact fees collected shall not include the cost of transportation impact mitigation measures made necessary by existing development.
29.1.2 RESIDENTIAL TRANSPORTATION FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.1.4, the required transportation facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required transportation facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the transportation facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the transportation facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.1.3 NON-RESIDENTIAL TRANSPORTATION FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.1.4, the required transportation facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required transportation facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the transportation facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the transportation impact fee. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.1.4 TRANSPORTATION FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of transportation facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units or accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the transportation facilities impact fees requirements of Sections 29.1.2 and 29.1.3 if the developer enters into a development agreement with the City pursuant to which transportation facilities impact fees are assessed to the developer, or equivalent or comparable transportation improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the transportation facilities impact fees required by Sections 29.1.2 and 29.1.3 if the developer constructs transportation improvements pursuant to the most current Transportation Facilities Plan. The transportation facilities impact fees may be reduced by the amount of transportation improvement costs that would be reasonably incurred by the City in building those same transportation improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the transportation improvement.
d) A developer may be entitled to a reduction in the amount of the transportation facilities impact fees required by Sections 29.1.2 and 29.1.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Transportation Facilities Plan. The transportation facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of transportation improvements. The amount of such reduction shall not exceed the amount of the transportation facilities impact fees required by Sections 29.1.2 and 29.1.3.
e) The Community Development Director may grant a reduction in the amount of the transportation facilities impact fees required by Sections 29.1.2 and 29.1.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the transportation facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.1.5 APPEALS.
a) A developer subject to the transportation facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the traffic level of service, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant. The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
d) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
e) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
f) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the transportation facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
g) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.1.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all transportation facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing transportation improvements pursuant to the most current Transportation Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use transportation facilities impact fees collected pursuant to this Chapter for the purpose of constructing transportation improvements in accordance with the most current Transportation Facilities Plan as altered or amended.
29.1.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of transportation facilities impact fees required by Section 29.1.2 or 29.1.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.1.2(a) for residential transportation facilities impact fees or Section 29.1.3(a) for non-residential transportation facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.1.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the transportation facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Transportation Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
29.2.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for utility improvements.
b) Utility undergrounding benefits future residents and employees by providing safe and aesthetic vehicular access to properties. An increase in traffic volume generated by new development increases the probability of vehicular accidents with above-ground utilities. The undergrounding of utilities will reduce vehicular accidents, electrical fires, network maintenance costs and tree trimming costs.
c) Sources of City revenue other than utility undergrounding facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens of undergrounding utilities necessitated by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s utility system. The City may therefore require developers to mitigate utility undergrounding impacts caused by their development and to pay utility undergrounding facilities impact fees that will be used to mitigate those impacts by undergrounding utility facilities pursuant to the most current Utility Undergrounding Facilities Plan.
e) The amount of utility undergrounding facilities impact fees collected pursuant to this Chapter shall be limited to the cost of utility undergrounding impact mitigation attributable to new development. The amount of utility undergrounding facilities impact fees collected shall not include the cost of utility undergrounding impact mitigation measures made necessary by existing development.
29.2.2 RESIDENTIAL UTILITY UNDERGROUNDING FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.2.4, the required utility undergrounding facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required utility undergrounding facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the utility undergrounding facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the utility undergrounding facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.2.3 NON-RESIDENTIAL UTILITY UNDERGROUNDING FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.2.4, the required utility undergrounding facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required utility undergrounding facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the utility undergrounding facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the utility undergrounding facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.2.4 UTILITY UNDERGROUNDING FACILITIES IMPACT FEES -EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of utility undergrounding facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units or accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the utility undergrounding facilities impact fees requirements of Sections 29.2.2 and 29.2.3 if the developer enters into a development agreement with the City pursuant to which utility undergrounding facilities impact fees are assessed to the developer, or equivalent or comparable utility improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the utility undergrounding facilities impact fees required by Sections 29.2.2 and 29.2.3 if the developer constructs utility improvements pursuant to the most current Utility Undergrounding Facilities Plan. The utility undergrounding facilities impact fees may be reduced by the amount of utility improvement costs that would be reasonably incurred by the City in building those same utility improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the utility improvement.
d) A developer may be entitled to a reduction in the amount of the utility undergrounding facilities impact fees required by Sections 29.2.2 and 29.2.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Utility Undergrounding Facilities Plan. The utility undergrounding facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of utility improvements. The amount of such reduction shall not exceed the amount of the utility undergrounding facilities impact fees required by Sections 29.2.2 and 29.2.3.
e) The Community Development Director may grant a reduction in the amount of the utility undergrounding facilities impact fees required by Sections 29.2.2 and 29.2.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the utility undergrounding facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.2.5 APPEALS.
a) A developer subject to the utility undergrounding facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the level of service, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.
d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the utility undergrounding facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.2.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all utility undergrounding facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing utility improvements pursuant to the most current Utility Undergrounding Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use utility undergrounding facilities impact fees collected pursuant to this Chapter for the purpose of constructing utility improvements in accordance with the most current Utility Undergrounding Facilities Plan as altered or amended.
29.2.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of utility undergrounding facilities impact fees required by Section 29.2.2 or 29.2.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.2.2(a) for residential utility undergrounding facilities impact fees or Section 29.2.3(a) for non-residential utility undergrounding facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.2.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the utility undergrounding facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Utility Undergrounding Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
29.3.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for storm drain facilities.
b) Failure to enhance the ability of the City’s storm drain system to accommodate increased storm water could cause unacceptable harm to the quality of life in the City by increasing the risk of flooding in various portions of the City, thereby decreasing accessibility to various portions of the City by residents.
c) Sources of City revenue other than storm drain facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on storm drain facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s storm drain system. The City may therefore require developers to mitigate storm drain impacts caused by their development and to pay a storm drain facilities impact fee that will be used to mitigate those impacts by constructing storm drain facilities pursuant to the most current Storm Drain Facilities Plan.
e) The amount of storm drain facilities impact fees collected pursuant to this Chapter shall be limited to the cost of storm drain impact mitigation attributable to new development. The amount of storm drain facilities impact fees collected shall not include the cost of storm drain impact mitigation measures made necessary by existing development.
29.3.2 RESIDENTIAL STORM DRAIN FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.3.4, the required storm drain facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required storm drain facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the storm drain facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the storm drain facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.3.3 NON-RESIDENTIAL STORM DRAIN FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.3.4, the required storm drain facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required storm drain facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the storm drain facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the storm drain facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.3.4 STORM DRAIN FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of storm drain facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units or accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the storm drain facilities impact fees requirements of Sections 29.3.2 and 29.3.3 if the developer enters into a development agreement with the City pursuant to which storm drain facilities impact fees are assessed to the developer, or equivalent or comparable utility improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the storm drain facilities impact fees required by Sections 29.3.2 and 29.3.3 if the developer constructs storm drain improvements pursuant to the most current Storm Drain Facilities Plan. The storm drain facilities impact fees may be reduced by the amount of storm drain costs that would be reasonably incurred by the City in building those same storm drain improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the storm drain improvement.
d) A developer may be entitled to a reduction in the amount of the storm drain facilities impact fees required by Sections 29.3.2 and 29.3.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Storm Drain Facilities Plan. The storm drain facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of storm drain improvements. The amount of such reduction shall not exceed the amount of the storm drain facilities impact fees required by Sections 29.3.2 and 29.3.3.
e) The Community Development Director may grant a reduction in the amount of the storm drain facilities impact fees required by Sections 29.3.2 and 29.3.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the storm drain facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.3.5 APPEALS.
a) A developer subject to the storm drain facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the storm drain level of service, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.
d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the storm drain facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.3.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all storm drain facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing storm drain improvements pursuant to the most current Storm Drain Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use storm drain facilities impact fees collected pursuant to this Chapter for the purpose of constructing storm drain improvements in accordance with the most current Storm Drain Facilities Plan as altered or amended.
29.3.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of storm drain facilities impact fees required by Section 29.3.2 or 29.3.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.3.2(a) for residential storm drain facilities impact fees or Section 29.3.3(a) for non-residential storm drain facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.3.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the storm drain facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Storm Drain Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
29.4.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for sewer facilities.
b) Failure to enhance the ability of the City’s sewer system to accommodate increased waste water could cause unacceptable harm to the quality of life in the City by causing a reduction in the planned rate of flow in existing sewer lines, the potential for waste water to back up into private property sewer lines, and result in property damage.
c) Sources of City revenue other than sewer facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on sewer facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s sewer system. The City may therefore require developers to mitigate sewer impacts caused by their development and to pay sewer facilities impact fees that will be used to mitigate those impacts by constructing sewer facilities pursuant to the most current Sewer Facilities Plan.
e) The amount of sewer facilities impact fees collected pursuant to this Chapter shall be limited to the cost of sewer impact mitigation attributable to new development. The amount of sewer facilities impact fees collected shall not include the cost of sewer impact mitigation measures made necessary by existing development.
29.4.2 RESIDENTIAL SEWER FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.4.4, the required sewer facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required sewer facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the sewer facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the sewer facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.4.3 NON-RESIDENTIAL SEWER FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.4.4, the required sewer facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required sewer facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the sewer facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the sewer facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.4.4 SEWER FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of sewer facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units or accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the sewer facilities impact fees requirements of Sections 29.4.2 and 29.4.3 if the developer enters into a development agreement with the City pursuant to which sewer facilities impact fees are assessed to the developer, or equivalent or comparable utility improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the sewer facilities impact fees required by Sections 29.4.2 and 29.4.3 if the developer constructs sewer improvements pursuant to the most current Sewer Facilities Plan. The sewer facilities impact fees may be reduced by the amount of sewer costs that would be reasonably incurred by the City in building those same sewer improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the sewer improvement.
d) A developer may be entitled to a reduction in the amount of the sewer facilities impact fees required by Sections 29.4.2 and 29.4.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Sewer Facilities Plan. The sewer facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of sewer improvements. The amount of such reduction shall not exceed the amount of the sewer facilities impact fees required by Sections 29.4.2 and 29.4.3.
e) The Community Development Director may grant a reduction in the amount of the sewer facilities impact fees required by Sections 29.4.2 and 29.4.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the sewer facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.4.5 APPEALS.
a) A developer subject to the sewer facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the sewer level of service, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.
d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the sewer facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.4.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all sewer facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing sewer improvements pursuant to the most current Sewer Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use sewer facilities impact fees collected pursuant to this Chapter for the purpose of constructing sewer improvements in accordance with the most current Sewer Facilities Plan as altered or amended.
29.4.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of sewer facilities impact fees required by Section 29.4.2 or 29.4.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.4.2(a) for residential sewer facilities impact fees or Section 29.4.3(a) for non-residential sewer facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.4.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the sewer facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Sewer Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
29.5.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for fire facilities.
b) Failure to enhance the ability of the City’s fire facilities to accommodate increased demand of fire facilities will make it more difficult for residents, employers, and employees to access residences and places of employment and could cause unacceptable harm to the quality of life in the City.
c) Sources of City revenue other than fire facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on fire facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s fire facilities. The City may therefore require developers to mitigate fire facilities impacts caused by their development and to pay fire facilities impact fees that will be used to mitigate those impacts by constructing fire facilities pursuant to the most current Fire Facilities Plan.
e) The amount of fire facilities impact fees collected pursuant to this Chapter shall be limited to the cost of fire facilities impact mitigation attributable to new development. The amount of fire facilities impact fees collected shall not include the cost of fire facilities impact mitigation measures made necessary by existing development.
29.5.2 RESIDENTIAL FIRE FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.5.4, the required fire facilities impact fee for a residential building shall be paid in an amount established by resolution of the City Council. The required fire facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the fire facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the fire facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.5.3 NON-RESIDENTIAL FIRE FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.5.4, the required fire facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required fire facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the fire facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the fire facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.5.4 FIRE FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of fire facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units or accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the fire facilities impact fees requirements of Sections 29.5.2 and 29.5.3 if the developer enters into a development agreement with the City pursuant to which fire facilities impact fees are assessed to the developer, or equivalent or comparable fire facilities improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the fire facilities impact fees required by Sections 29.5.2 and 29.5.3 if the developer constructs fire facilities improvements pursuant to the most current Fire Facilities Plan. The fire facilities impact fees may be reduced by the amount of fire facilities improvement costs that would be reasonably incurred by the City in building those same fire facilities improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the fire facilities improvement.
d) A developer may be entitled to a reduction in the amount of the fire facilities impact fees required by Sections 29.5.2 and 29.5.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Fire Facilities Plan. The fire facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of fire facilities improvements. The amount of such reduction shall not exceed the amount of the fire facilities impact fees required by Sections 29.5.2 and 29.5.3.
e) The Community Development Director may grant a reduction in the amount of the fire facilities impact fees required by Sections 29.5.2 and 29.5.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the fire facilities impact fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.5.5 APPEALS.
a) A developer subject to the fire facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the fire facilities level of service, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant. The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
d) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
e) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
f) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the fire facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
g) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.5.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all fire facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing fire facilities improvements pursuant to the most current Fire Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use fire facilities impact fees collected pursuant to this Chapter for the purpose of constructing fire facilities improvements in accordance with the most current Fire Facilities Plan as altered or amended.
29.5.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of fire facilities impact fees required by Section 29.5.2 or 29.5.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.5.2(a) for residential fire facilities impact fees or Section 29.5.3(a) for non-residential fire facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.5.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the fire facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Fire Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
29.6.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for police facilities.
b) Failure to enhance the ability of the City’s police facilities to accommodate increased demand of police facilities will make it more difficult for residents, employers, and employees to access residences and places of employment and could cause unacceptable harm to the quality of life in the City.
c) Sources of City revenue other than police facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on police facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s police facilities. The City may therefore require developers to mitigate police facilities impacts caused by their development and to pay police facilities impact fees that will be used to mitigate those impacts by constructing police facilities pursuant to the most current Police Facilities Plan.
e) The amount of police facilities impact fees collected pursuant to this Chapter shall be limited to the cost of police facilities impact mitigation attributable to new development. The amount of police facilities impact fees collected shall not include the cost of police facilities impact mitigation measures made necessary by existing development.
29.6.2 RESIDENTIAL POLICE FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.6.4, the required police facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required police facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the police facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the police facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.6.3 NON-RESIDENTIAL POLICE FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.6.4, the required police facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required police facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the police facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the police facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.6.4 POLICE FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of police facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units or accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the police facilities impact fees requirements of Sections 29.6.2 and 29.6.3 if the developer enters into a development agreement with the City pursuant to which police facilities impact fees are assessed to the developer, or equivalent or comparable police facilities improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the police facilities impact fees required by Sections 29.6.2 and 29.6.3 if the developer constructs police facilities improvements pursuant to the most current Police Facilities Plan. The police facilities impact fees may be reduced by the amount of police facilities improvement costs that would be reasonably incurred by the City in building those same police facilities improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the police facilities improvement.
d) A developer may be entitled to a reduction in the amount of the police facilities impact fees required by Sections 29.6.2 and 29.6.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Police Facilities Plan. The police facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of police facilities improvements. The amount of such reduction shall not exceed the amount of the police facilities impact fees required by Sections 29.6.2 and 29.6.3.
e) The Community Development Director may grant a reduction in the amount of the police facilities impact fees required by Sections 29.6.2 and 29.6.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the police facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.6.5 APPEALS.
a) A developer subject to the police facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the police facilities level of service, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant. The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
d) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
e) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
f) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the police facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
g) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.6.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all police facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing police facilities improvements pursuant to the most current Police Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use police facilities impact fees collected pursuant to this Chapter for the purpose of constructing police facilities improvements in accordance with the most current Police Facilities Plan as altered or amended.
29.6.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of police facilities impact fees required by Section 29.6.2 or 29.6.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.6.2(a) for residential police facilities impact fees or Section 29.6.3(a) for non-residential police facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.6.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the police facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Police Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
ARTICLE 7 - COMMUNITY SERVICES FACILITIES IMPACT FEES
(Added by O-3872)
29.7.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for community services facilities.
b) Failure to enhance the ability of the City’s community services facilities to accommodate increased demand on these facilities could cause unacceptable harm to the quality of life in the City.
c) Sources of City revenue other than community services facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on community services facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s community services facilities. The City may therefore require developers to mitigate community services facilities impacts caused by their development and to pay community services facilities impact fees that will be used to mitigate those impacts by constructing community services facilities pursuant to the most current Community Services Facilities Plan.
e) The amount of community services facilities impact fees collected pursuant to this Chapter shall be limited to the cost of community services facilities impact mitigation attributable to new development. The amount of community services facilities impact fees collected shall not include the cost of community services facilities impact mitigation measures made necessary by existing development.
29.7.2 RESIDENTIAL COMMUNITY SERVICES FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.7.4, the required community services facilities impact fees for a residential building shall be paid in an amount established by resolution of the City Council. The required community services facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the community services facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the community services facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.7.3 NON-RESIDENTIAL COMMUNITY SERVICES FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.7.4, the required community services facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required community services facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the community services facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the community services facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.7.4 COMMUNITY SERVICES FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of community services facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units and accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or C) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the community services facilities impact fees requirements of Sections 29.7.2 and 29.7.3 if the developer enters into a development agreement with the City pursuant to which community services facilities impact fees are assessed to the developer, or equivalent or comparable community services facilities improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3 if the developer constructs community services facilities improvements pursuant to the most current Community Services Facilities Plan. The community services facilities impact fees may be reduced by the amount of community service facilities improvement costs that would be reasonably incurred by the City in building those same community services facilities improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the community services facilities improvement.
d) A developer may be entitled to a reduction in the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Community Services Facilities Plan. The community services facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of community services facilities improvements. The amount of such reduction shall not exceed the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3.
e) The Community Development Director may grant a reduction in the amount of the community services facilities impact fees required by Sections 29.7.2 and 29.7.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the community services facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.7.5 APPEALS.
a) A developer subject to the community services facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the community services facilities, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.
d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the community services facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.7.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all community services facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing community services facilities improvements pursuant to the most current Community Services Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use community services facilities impact fees collected pursuant to this Chapter for the purpose of constructing community services facilities improvements in accordance with the most current Community Services Facilities Plan as altered or amended.
29.7.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of community services facilities impact fees required by Section 29.7.2 or 29.7.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.7.2(a) for residential community services facilities impact fees or Section 29.7.3(a) for non-residential community services facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.7.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the community services facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Community Services Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
ARTICLE 8 - GENERAL SERVICES FACILITIES IMPACT FEES
(Added by O-3874)
29.8.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for general services facilities.
b) Failure to enhance the ability of the City’s general services facilities to accommodate increased demand on these facilities could cause unacceptable harm to the quality of life in the City.
c) Sources of City revenue other than general services facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on general services facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s general services facilities. The City may therefore require developers to mitigate general services facilities impacts caused by their development and to pay a general services facilities impact fee that will be used to mitigate those impacts by constructing general services facilities pursuant to the most current General Services Facilities Plan.
e) The amount of general services facilities impact fees collected pursuant to this Chapter shall be limited to the cost of general services facilities impact mitigation attributable to new development. The amount of general services facilities impact fees collected shall not include the cost of general services facilities impact mitigation measures made necessary by existing development.
29.8.2 RESIDENTIAL GENERAL SERVICES FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.8.4, the required general services facilities impact fee for a residential building shall be paid in an amount established by resolution of the City Council. The required general services facilities impact fee shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the general services facilities impact fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the general services facilities impact fee. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.8.3 NON-RESIDENTIAL GENERAL SERVICES FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.8.4, the required general services facilities impact fee for a non-residential development shall be paid in an amount established by resolution of the City Council. The required general services facilities impact fee shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the general services facilities impact fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the general services facilities impact fee. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.8.4 GENERAL SERVICES FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of general services facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units and accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the general services facilities impact fees requirements of Sections 29.8.2 and 29.8.3 if the developer enters into a development agreement with the City pursuant to which general services facilities impact fees are assessed to the developer, or equivalent or comparable general services facilities improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the general services facilities impact fees required by Sections 29.8.2 and 29.8.3 if the developer constructs general services facilities improvements pursuant to the most current General Services Facilities Plan. The general services facilities impact fees may be reduced by the amount of general service facilities improvement costs that would be reasonably incurred by the City in building those same general services facilities improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the general services facilities improvement.
d) A developer may be entitled to a reduction in the amount of the general services facilities impact fees required by Sections 29.8.2 and 29.8.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current General Services Facilities Plan. The general services facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of general services facilities improvements. The amount of such reduction shall not exceed the amount of the general services facilities impact fees required by Sections 29.8.2 and 29.8.3.
e) The Community Development Director may grant a reduction in the amount of the general services facilities impact fees required by Sections 29.8.2 and 29.8.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the general services facilities impact fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.8.5 APPEALS.
a) A developer subject to the general services facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the general services facilities, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.
d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the general services facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.8.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all general services facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing general services facilities improvements pursuant to the most current General Services Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use general services facilities impact fees collected pursuant to this Chapter for the purpose of constructing general services facilities improvements in accordance with the most current General Services Facilities Plan as altered or amended.
29.8.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of general services facilities impact fees required by Section 29.8.2 or 29.8.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.8.2(a) for residential general services facilities impact fees or Section 29.8.3(a) for non-residential general services facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.8.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the general services facilities impact fee may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new General Services Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.
ARTICLE 9 - LIBRARY FACILITIES IMPACT FEES
(Added by O-3875)
29.9.1 FINDINGS AND INTENT.
a) New residential and non-residential development in the City of Torrance (the "City") has attracted and will continue to attract employees and residents to the City, and there is a causal connection between such development projects and the increased need for library facilities.
b) Failure to enhance the ability of the City’s library facilities to accommodate increased demand on these facilities could cause unacceptable harm to the quality of life in the City.
c) Sources of City revenue other than library facilities impact fees, including tax revenues which will be paid by new residential and non-residential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on library facilities created by new development.
d) It is the intent of the City to require every person or organization that develops land to mitigate the impacts of that development on the City’s library facilities. The City may therefore require developers to mitigate library facilities impacts caused by their development and to pay library facilities impact fees that will be used to mitigate those impacts by constructing library facilities pursuant to the most current Library Facilities Plan.
e) The amount of library facilities impact fees collected pursuant to this Chapter shall be limited to the cost of library facilities impact mitigation attributable to new development. The amount of library facilities impact fees collected shall not include the cost of library facilities impact mitigation measures made necessary by existing development.
29.9.2 RESIDENTIAL LIBRARY FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.9.4, the required library facilities impact fee for a residential building shall be paid in an amount established by resolution of the City Council. The required library facilities impact fees shall be due and paid on a lump-sum basis on the date the first dwelling in the development or development phase receives its final building inspection, or certificate of occupancy, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the library facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the library facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "final building inspection" shall mean the physical inspection of the building by the Building and Safety Division of the Community Development Department of the City of Torrance for compliance with all applicable building codes and the issuance by all applicable City, county, regional, State and federal agencies of their respective clearances for occupancy.
d) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of the Torrance Municipal Code, ordinances and conditions of approval.
29.9.3 NON-RESIDENTIAL LIBRARY FACILITIES IMPACT FEES REQUIRED.
a) Except as provided in Section 29.9.4, the required library facilities impact fees for a non-residential development shall be paid in an amount established by resolution of the City Council. The required library facilities impact fees shall be due and paid on a lump-sum basis on the date of the final building inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first.
b) The Community Development Director, or his or her designee, shall be responsible for calculating the amount of the library facilities impact fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution which adopts the library facilities impact fees. In calculating such fee, the Community Development Director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project.
c) For the purposes of this Section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable building codes, the Torrance Municipal Code, and conditions of approval.
29.9.4 LIBRARY FACILITIES IMPACT FEES - EXEMPTION OR REDUCTION.
a) The following uses and types of developments may be exempted from the payment of library facilities impact fees:
1) Any residential development that does not increase the number of permanent housing units and accessory dwelling units on the parcel where the construction takes place, such as remodeling or rebuilding existing units.
2) The development of residential units which have a covenant deed restriction to provide affordable housing for moderate and low income households as defined by State law.
3) The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following: A) increase the square footage of the structure above that of the previously existing structure; B) increase the building footprint above that of the previously existing structure; C) change the use to which the property or structure is to be put; or D) increase the average daily trips generated from the property above the amount generated by the prior use of the property.
4) Publicly owned facilities, including but not limited to public libraries, public administration facilities, public parks, public utilities, schools, and related facilities.
5) Facilities serving the health and safety of the public, including but not limited to hospitals, police, fire and safety facilities.
b) A developer may be exempted or allowed a reduction in fees from the library facilities impact fees requirements of Sections 29.9.2 and 29.9.3 if the developer enters into a development agreement with the City pursuant to which library facilities impact fees are assessed to the developer, or equivalent or comparable library facilities improvements are implemented by the developer.
c) A developer may be entitled to a reduction in the amount of the library facilities impact fees required by Sections 29.9.2 and 29.9.3 if the developer constructs library facilities improvements pursuant to the most current Library Facilities Plan. The library facilities impact fees may be reduced by the amount of library facilities improvement costs that would be reasonably incurred by the City in building those same library facilities improvements. The amount of such reduction shall be subject to the approval of the Community Development Director prior to construction of the library facilities improvement.
d) A developer may be entitled to a reduction in the amount of the library facilities impact fees required by Sections 29.9.2 and 29.9.3 if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current Library Facilities Plan. The library facilities impact fees may be reduced by the amount of the total assessment placed upon the development for the costs of library facilities improvements. The amount of such reduction shall not exceed the amount of the library facilities impact fees required by Sections 29.9.2 and 29.9.3.
e) The Community Development Director may grant a reduction in the amount of the library facilities impact fees required by Sections 29.9.2 and 29.9.3 if the Community Development Director determines that the development will contribute extraordinary sales tax revenue to the City and thereby confer an extraordinary financial benefit upon the City.
f) If a fee exemption or a fee reduction is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the library facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
29.9.5 APPEALS.
a) A developer subject to the library facilities impact fees required by this Chapter for a particular project may apply to the Community Development Director for: 1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the library facilities, or 2) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the Community Development Director prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
b) The Community Development Director shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant.
c) The decision of the Community Development Director may be appealed to the Planning Commission by filing an application for appeal with the Community Development Director. The application must be filed within fifteen (15) calendar days after notice of the Director’s decision has been mailed to the applicant.
d) The Planning Commission shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. Notice of the Planning Commission’s decision shall be mailed to the applicant.
e) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen (15) calendar days after notice of the Commission’s decision has been mailed to the applicant.
f) The City Council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.
g) If a fee exemption, a fee reduction or a land use category adjustment is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the library facilities impact fees requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.
h) If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this Section, then upon the payment of the required fees, the City shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety (90) day protest period has begun.
29.9.6 USE OF FUNDS.
Pursuant to California Government Code Section 66006, all library facilities impact fees paid and collected pursuant to this Chapter shall be placed into one (1) or more separate account(s) established for such fee and used solely for the purpose of constructing library facilities improvements pursuant to the most current Library Facilities Plan; provided, however, that if the Community Development Director authorizes minor alterations to such plan, then those alterations shall not affect the ability of the City to use library facilities impact fees collected pursuant to this Chapter for the purpose of constructing library facilities improvements in accordance with the most current Library Facilities Plan as altered or amended.
29.9.7 FEE AMOUNT APPLICABLE TO PENDING PROJECTS.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of library facilities impact fees required by Section 29.9.2 or 29.9.3 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 29.9.2(a) for residential library facilities impact fees or Section 29.9.3(a) for non-residential library facilities impact fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
29.9.8 PERIODIC ADJUSTMENT TO FEE AMOUNT.
The amount of the library facilities impact fees may be annually adjusted for inflation as specified in the resolution which adopts the fee amount or by the periodic preparation of a new Library Facilities Plan and required studies prepared and adopted pursuant to the Mitigation Fee Act.