[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
(a)Â
The purpose of this chapter is to establish provisions for assessing
and collecting fees as a condition of a development approval. The
development impact fees in this chapter are established in accordance
with California Government Code § 66000 et seq.
(b)Â
The purpose of the fees is to recover from development projects
the costs of providing public facilities which are reasonably related
to the impacts of the development project. New development in the
City will require the provision of new and expanded public facilities
that are necessary to maintain the same standards of service now experienced
by the residents and businesses in the City of Avalon. The City Council
finds that it is in the interest of the public's health, safety
and welfare for new development to pay the proportional costs of providing
the public facilities reasonably related to the impacts of the new
development.
(c)Â
The fees shall be used for those purposes identified in § 9-18.107,
Use of Development Impact Fees.
(d)Â
The City Council finds that there is a reasonable relationship
between the use of the fees and the types of development projects
on which the fees are imposed. The public facilities for which the
fees are collected are reasonably related to the types of development
to which they apply.
(e)Â
The City Council finds that there is a reasonable relationship
between the need for the public facilities and the type of development
projects to which the fees apply.
(f)Â
The City Council finds that there is a reasonable relationship
between the amount of the fees and the costs of the public facilities
or portions thereof attributable to the development project on which
the fees are imposed.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings respectively ascribed
to them in this section:
The approval of an application required for the development
of a development project pursuant to the normal regulations, processes
and procedures of the City and approval of all plans by the City that
culminate in the authorization to an owner, or the owner's developer,
to proceed with the actual physical development of the development
project, including the issuance of all necessary permits and other
entitlements for the development of land, such as conditional use
permits, site approvals, variances, subdivision and parcel maps.
A monetary exaction, other than a tax or special assessment,
that is to be charged by the City to the applicant, either an owner
or a developer, in connection with development approval of a development
project for the purpose of defraying the estimated cost of the public
facilities related to the development project, but does not include
a fee specified in § 66477 of the California Government
Code, a fee specified in § 66013 of the California Government
Code, a fee for processing applications for regulatory actions or
approvals, or other fees collected under City development agreements.
Any parcel of land within the City to be developed or improved
by an owner or a developer for a purpose permitted by City regulations
applicable to such parcel for which a development approval is required.
All those public facilities, improvements and community amenities
described in § 9-18.103, Need for Public Facilities, and
the resolution or ordinance adopting the development impact fees,
or associated nexus study.
The resolution adopted from time to time that contains the
current schedule of development impact fees applicable to each type
of development project.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
In order to implement the goals and objectives of the City's
general plan and applicable specific plans by accommodating the need
for public facilities and mitigating the financial and physical impacts
for all development projects within the City, the following public
facilities must be provided and paid for or financed:
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
The City Council has determined that development impact fees
are needed in order to finance these public facilities and to allocate
the responsibility to pay each development project's fair share
of the costs of providing such public facilities.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
The basis for calculating development impact fees shall be approved
by the City Council and established by resolution or ordinance of
the City Council.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
The development impact fees shall be consistent with the City's
General Plan.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
Development impact fees shall be used for the purposes set forth
in the resolution or ordinance adopting such fees, and/or as provided
in any supporting material for such fees.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
(a)Â
The fees will be established by City Council resolution or ordinance,
and may be adjusted as set forth therein.
(b)Â
Fee Amount. The total amount of impact fees shall be calculated,
fixed and imposed as of the date specified in the City Council resolution
establishing the fees, excepting only those development projects that
are subject to an existing development agreement where such agreement
expressly provides for the amount and timing of development impact
fees.
(c)Â
The obligation to pay the fee shall inure to the benefit of
and be enforceable by the City.
(d)Â
Nothing contained herein or in the resolution or ordinance establishing
the development impact fees shall be deemed to limit the ability of
the City to enter into a development agreement with any developer,
and to provide for provision of necessary facilities in addition to
or in lieu of the fees adopted by the City Council.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
(a)Â
There hereby is created a development impact fee fund, within
the City's fund structure and accounting system, which shall
contain an account for each development impact fee collected pursuant
to this chapter and all interest accruing from the investment of such
fees contained within each account.
(b)Â
All development impact fees collected pursuant to this chapter
shall be deposited in the appropriate fee account within the development
impact fee fund. Funds within each account within the fund may be
encumbered, obligated or expended by appropriation or other action
of the City Council for specific projects which are of the same category
of public facilities as those for which the fees were collected.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
The fees shall be computed in accordance with the resolution
or ordinance adopting such fees.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
To the extent development impact fees have previously been paid
on behalf of a development project, and additional fees are required
as a result of new construction or redevelopment, rehabilitation,
renovation, expansion, change of use, or otherwise, the amounts previously
paid shall be credited against any additional development impact fees
owed. Nothing contained herein or in the resolution or ordinance establishing
any development impact fees shall be deemed to limit the ability of
the City to enter into development agreement with any developer, and
to provide for provision of necessary facilities in addition to or
in lieu of all of the fees adopted by the City Council.
[3-2-2020 by Ord. No.
1183-20, effective 5-1-2020]
An owner or developer of any development project may appeal
any determination of the City Manager or Director of Public Works
hereunder, including, but not limited to, those regarding the total
amount of development impact fees due, a project credit, actual project
cost and determination of project reimbursement, by filing a written
appeal to the City Council within 15 days of such determination. Such
written appeal shall contain all of the grounds for the appeal, and
the owner or developer shall be precluded from asserting any other
grounds in such appeal or in any action or proceeding thereafter.
