In order to implement the goals and objectives of the general plan of the city of Placentia and to mitigate the impacts caused by new development within the transit oriented development area ("TOD area"), certain public improvement projects must be or had to be constructed. The city council determines that development impact fees are needed to finance these public improvements and to pay for development's fair share of the construction costs of these improvements. In establishing the fees described in the following sections, the city council finds the fees adopted to be consistent with state law (California Government Code Section 66000 et seq.) and with the city's general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fees and determines that the fees are not material with respect to the city's housing needs as established in the housing element of the Placentia general plan.
(Ord. O-2017-09 § 3, 2017)
(a) 
Development impact fees are hereby established on new development or conversions within the TOD area of the city of Placentia to pay for public improvements related to civic improvement projects, public safety, sewer projects, traffic mitigation, and parks. In the following sections, the city council sets forth the specific amount of the development fee for each type of public improvement project.
(b) 
At least every five years, the city council shall review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the public improvement projects described in the city's capital improvement projects list are still needed. Failure to undertake this review shall not invalidate the imposition of the fees.
(Ord. O-2017-09 § 3, 2017)
The revenues raised by payment of these development impact fees shall each be placed in separate and special impact fund accounts, and such revenues, along with any interest earnings on each separate account, shall be used solely to:
(a) 
Pay for the city's future construction of those public improvement projects at least partially allocable to new development or conversions as described in the city's capital improvement projects list and general plan for the TOD area; or
(b) 
Reimburse the city for those described or listed projects constructed by the city with funds advanced by the city from other sources; or
(c) 
Reimburse developers who have been required or permitted by Section 5.03.110 to install such listed facilities which are oversized with supplemental size, length or capacity.
(Ord. O-2017-09 § 3, 2017)
(a) 
Development impact fees shall be imposed on:
(1) 
New development; and
(2) 
Conversions, as provided in this chapter.
(b) 
Development impact fees shall be paid by the owner of the property on which new development or conversion is to occur. The fees for a new development or conversion shall be collected by the city in full prior to the issuance of the first building permit(s) for such development or conversion, unless payment at a later time is mandated by Government Code Section 66007. If a building permit(s) is not required for a new development or conversion, payment of development impact fees shall be collected in full by the city prior to the issuance of the first development permit(s) for such development or conversion, unless payment at a later time is mandated by Government Code Section 66007. Development impact fees for new developments that include a subdivision map with multiple buildings approved as part of the development shall be allowed to pay city development impact fees in phases prior to the issuance of the first building permit of each phase if requested in writing by the developer. This arrangement shall require either a development agreement or a fee deferral agreement on a form approved by the director of development services or designee. Payment of said fees in phases concurrent with the issuance of the first building permit of each phase pursuant to a development agreement of fee deferral agreement must be requested by the owner or developer concurrently with the entitlement(s) being considered by the same approval body that is considering the development (e.g., city council or planning commission).
(c) 
Except as otherwise provided herein, square footage of residential and nonresidential buildings shall be measured by exterior dimensions. Unfinished attics, crawlspaces, and basements shall not be assessed until converted and finished as usable floor space.
(d) 
A building or structure consisting of non-usable floor space, e.g., a garage, carport or storage shed, shall not be deemed to be part of the residential building for the purpose of determining the square footage of the residential building. Such ancillary structures shall require the payment of storm drainage and public safety impact fees; additional impact fees shall not be required until converted to usable floor space.
(e) 
Each single-family residential unit within a multifamily residential building or development project shall be deemed to be a separate building for which a fee is imposed and shall be paid.
(f) 
Additions to an existing building shall be deemed to occur whenever the amount of usable floor space is increased, or whenever new building space is constructed where no structures existed as part of the existing building, whether or not the total building floor area is increased by the new construction.
(g) 
The first 70 square feet of additions or conversions to an existing building in a two year period shall be exempt from all fees except public safety impact fees and storm drainage impact fees.
(h) 
No development impact fee shall be imposed more than once for the same floor space.
(Ord. O-2017-09 § 3, 2017; Ord. O-2021-02 § 2, 2021; Ord. O-2021-08 § 2, 2021)
(a) 
Findings. The city council finds:
(1) 
Streetscape infrastructure encompasses a wide range of right-of-way facilities that play an important role in the city's creation of public realm and non-motorized transportation for the TOD area. Constructing sidewalks with street trees, street lighting, benches, and street furniture, impacts safety, sidewalk space as social space, pedestrian aesthetic, and active transportation.
(2) 
The costs for these streetscape infrastructure projects should be shared across the buildout service population within the TOD area since both residents and employees use sidewalk facilities to walk, commute and travel. The TOD streetscape infrastructure impact fee shall be charged within the TOD area only, as all streetscape infrastructure in the TOD area is a local amenity that serves development in the TOD area.
(3) 
The facts and evidence presented in the city's impact fee study establish that there exists a reasonable relationship between the need for streetscape infrastructure and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development or conversions for which the fee is charged.
(b) 
Schedule of TOD Streetscape Infrastructure Impact Fees. A streetscape infrastructure impact fee shall be imposed on all new development or conversions in the TOD area and shall apply to all residential construction within the TOD area of the city of Placentia. See Section 5.03.180 "Schedule of TOD area development impact fees."
(c) 
There is hereby established and created a fund of the city entitled "TOD streetscape infrastructure impact fund" and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The TOD streetscape infrastructure impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of sidewalks with street trees, street lighting, benches, and street furniture, impacts safety, sidewalk space as social space, pedestrian aesthetic, means of active non-motorized transportation and other capital purposes needed for providing streetscape infrastructure and services.
(Ord. O-2017-09 § 3, 2017)
(a) 
Findings. The city council finds:
(1) 
Placentia has a sewer system that consists of a collection system including public sewers and interceptors leading to the disposal system.
(2) 
New development or conversions in the TOD area of the city of Placentia have a significant impact on the sewer system.
(3) 
The city must continue to fund capital improvements to its sewer system. These capital improvements include updating or replacing sewer lines. These additional capital expenditures are necessary to maintain an acceptable level of sewer service within the next 15 years.
(4) 
New development or conversions within the TOD area of the city result in increased usage of residential, commercial, industrial, and other affected properties, which thereby increases the service requirements and the capital equipment requirements for the city's sewage treatment and disposal system. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.
(5) 
In the absence of the imposition of a sewer impact fee upon new development or conversions, the additional capital expenses necessary to maintain an acceptable level of sewer service for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the TOD area of the city of Placentia.
(6) 
New development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the TOD area of the city of Placentia.
(7) 
Part of the costs associated with the capital improvements to the sewer system are apportioned to new development and conversions to accommodate increased usage of the sewer system by new residents and businesses.
(8) 
The facts and evidence presented in the city's impact fee study establish that there exists a reasonable relationship between the need for the sewer system improvements and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development or conversions for which the fee is charged.
(b) 
Schedule of Sewer Impact Fees.
(1) 
Every person connecting to the city's sewer system or converting unusable to usable floor space in or adding to existing buildings which are already connected to the city's sewer system shall pay to the city a sewer impact fee. See Section 5.03.180 "Schedule of TOD area development impact fees."
(2) 
Every person converting an existing use from one use category (residential, commercial, industrial or office) to another use category shall pay a sewer impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in Section 5.03.180 "Schedule of TOD area development impact fees."
(3) 
No sewer impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
(c) 
In addition to the above charges, all expenses and costs of making a sewer connection shall be borne by the person making the connection. No connection shall be made to a public sewer except by the city or by written permission from the city.
(d) 
There is hereby established and created a fund of the city entitled "TOD sewer impact fund" and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The TOD sewer impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of sanitation and sewage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such sanitary or sewage facilities, and to repay federal and state loans or advances made to the city for the construction or reconstruction of sanitary or sewage facilities and infrastructure.
(Ord. O-2017-09 § 3, 2017)
(a) 
Findings. The city council finds:
(1) 
New development or conversions within the TOD area of the city of Placentia result in increased usage of residential, commercial, industrial, and other affected properties, which thereby generates additional traffic within the TOD area of the city and will contribute to the usage and degradation of the existing street infrastructure in the TOD area of the city of Placentia.
(2) 
The purpose of this fee is to finance circulation improvements to reduce the impacts of traffic generated by new development within the city.
(3) 
The city must continue to fund capital improvements to its traffic circulation system. These additional capital expenditures are necessary to maintain an acceptable level of traffic circulation and the city's roadway system within the next 15 years.
(4) 
In the absence of the imposition of a traffic mitigation impact fee upon new development or conversions, the additional capital expenses necessary to maintain acceptable traffic circulation for the entire city would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the TOD area of the city of Placentia.
(5) 
The construction of new development or conversions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the TOD area of the city of Placentia.
(6) 
The facts and evidence presented in the city's impact fee study establish that there exists a reasonable relationship between the need for the traffic improvements and the impacts of the types of new development or conversions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development or conversions for which the fee is charged.
(b) 
Schedule of Traffic Mitigation Impact Fees.
(1) 
A traffic mitigation impact fee shall be imposed on new development or conversions within the TOD area of the city of Placentia. See Section 5.03.180 "Schedule of TOD area development impact fees."
(2) 
Every person converting an existing use from one use category (residential, commercial, industrial or office) to another use category shall pay a traffic mitigation impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth Section 5.03.180 "Schedule of TOD area development impact fees."
(3) 
No traffic mitigation impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
(c) 
There is hereby established and created a fund of the city entitled "TOD traffic mitigation impact fund" and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The traffic mitigation impact fund is established for the sole purpose of providing monies for the construction and reconstruction of facilities and equipment and other capital purposes needed for traffic circulation improvements in and around the city of Placentia.
(Ord. O-2017-09 § 3, 2017)
(a) 
Whenever a developer is required, as a condition of approval of a subdivision, development permit or building permit, to construct a public facility described in the capital improvement projects list, which facility is determined by the city to have supplemental size, length or capacity over that needed to address the impacts of that development, and when construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the applicable impact fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.
(b) 
A developer who installs an off-site improvement as a special mitigation measure for a project which is identified on the capital improvement projects list to be funded at least partially by impact fees may claim credit on such a fee not to exceed the impact fee payable for the development project. The city's public works director is authorized to allow such credit.
(c) 
If a developer is dissatisfied with the decision of the city's public works director regarding a reimbursement agreement or a credit of development impact fees, the developer shall appeal for relief to the city council by filing a written appeal with the city clerk within 15 days after the disputed decision. The appeal shall state in sufficient detail the basis for the claimed credit. The decision of the city council shall be final.
(Ord. O-2017-09 § 3, 2017)
(a) 
A developer of any project, including any new building or addition to or conversion of any existing building, subject to the fees described in Sections 5.03.050 through 5.03.100 may apply to the city council for a reduction or adjustment of the fee(s), or a waiver of the fee(s), based upon the absence of any reasonable relationship between the nature of the impact of the development and either the amount of the fee charged or the type of facilities to be financed.
(b) 
The application for a fee reduction, adjustment, or waiver shall be made in writing and filed with the city clerk not later than 20 days after the filing of the application for a building permit.
(c) 
The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at a hearing held within 30 days after the filing of the fee adjustment application. The decision of the city council shall be final.
(d) 
If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. O-2017-09 § 3, 2017)
"Building permit"
shall mean the permit required or issued by the city of Placentia for the construction, improvement or remodeling of any structure pursuant to the city of Placentia's building codes.
"City"
shall mean the governmental body managing the administrative operations of the city of Placentia.
"City of Placentia"
shall mean all property located within the geographical area within the TOD area of the city of Placentia's city limit line.
"City of Placentia TOD area impact fee study"
shall mean "TOD Development Impact Fee Nexus Study Report" which is the study, including any amendments or revisions thereto, for the financing of facilities and services designated under the capital improvement projects list for the city of Placentia. This study includes, but is not limited to, a designation of those facilities to be constructed with the impact fees collected under this chapter, the estimated costs of constructing those facilities or providing the services designated therein, and the total use factors or other criteria utilized to arrive at an allocation of the cost of the facilities to the different types of land uses and to new development. Specifically, it means the document and addendum prepared by city staff and SCI Consulting Group ("SCI") entitled "Development impact Fees Nexus Study for the Transit Oriented Development Area" dated June 2017.
"Conversion"
shall mean converting from unusable to usable floor space, or converting the existing use to another use.
"Developer"
shall mean any person who is the owner or authorized agent of an owner of any new development within the TOD area of the city of Placentia.
"Development permit"
shall mean the permit required or issued by the city of Placentia for the grading, site improvement, construction, or improvement of property associated with new development and conversions.
"Dwelling unit"
shall mean a residential dwelling within the TOD area of the city of Placentia. Each single-family residential unit within a multifamily residential building or development project shall be deemed to be a separate dwelling unit.
"New development"
shall mean the original construction of residential, commercial, industrial or other nonresidential buildings, or the addition of usable floor space within existing residential or nonresidential buildings, or the construction of new accessory buildings.
"Owner"
shall mean the legal owner(s) or the authorized agent(s) for any owner of property being developed.
"TOD area"
shall mean the transit oriented development area of the city of Placentia.
"Usable floor space"
shall mean any interior space constructed or converted to be used for human occupancy in accordance with the Uniform Building Code.
(Ord. O-2017-09 § 3, 2017; Ord. O-2021-02 § 2, 2021)
The terms of any development approvals or building permit(s) may be negotiated as part of a development agreement which may require a developer to provide or finance any public projects deemed agreeable to both the developer and the city council. Development constructed under the terms of an approved development agreement may be exempted from the payment of any of the impact fees required under this chapter.
(Ord. O-2017-09 § 3, 2017)
The fees established in this chapter shall be automatically adjusted annually commensurate with changes in construction costs. Therefore, the fees shall be automatically adjusted annually effective every July 1 by an amount equal to the percentage change in the Construction Cost Index for Los Angeles as published by the Engineering News-Record, or its successor publication for the preceding 12 months. The annual fee adjustment shall be based on April to April Construction Cost Index for Los Angeles as published by the Engineering News-Record for the preceding 12 months, with the exception of the 2022 fee update which shall be based on February 2021 to April 2022 Construction Cost Index for Los Angeles as published by the Engineering News-Record.
(Ord. O-2017-09 § 3, 2017; Ord. O-2021-02 § 2, 2021)
The schedule of the TOD area development impact fees imposed by this chapter shall be established and adjusted from time to time by resolution of the city council. The impact fees shall not exceed the cost of mitigating the impact of development projects in the TOD area.
(Ord. O-2021-02 § 2, 2021)