The City's General Plan Land Use, Circulation, and Public
Facilities elements require that adequate public facilities be available
to accommodate increased population created by new development within
the City of Indian Wells.
The City Council has determined that new development will create
adverse impacts on the City's existing public facilities which
must be mitigated by the financing and construction of certain public
facilities which are subject to this Chapter. In addition, the City
Council has determined that new development creates the need to extend
to developing areas certain public facilities in order to ensure the
provision of adequate levels of service throughout the City. New development
contributes to the cumulative burden on these public facilities in
direct relationship to the amount of population generated by the development
or gross acreage of the commercial or industrial land in the development.
The further development of property within the City will require
the construction of transportation and general government improvements
and the City Council has determined that a reasonable means of financing
these public facilities is to charge a fee on all future development
within the City. Imposition of the Public Improvement Fee for transportation
and general government purpose improvements on all new development
for which building permits have not yet been issued is necessary in
order to protect the public safety and welfare and ensure effective
implementation of the City's General Plan.
(Ord. 373 § 1, 1996)
The City Council of the City of Indian Wells, California, hereby
makes the following findings and determinations:
(a)
A
report entitled, "City of Indian Wells Public Facilities Financing
Plan and Citywide Public Improvement Fee," (Report), dated January
8, 1996, and on file with the City Clerk, establishes the boundaries
of the area of benefit of the transportation and general purpose facilities,
the extent of the additional transportation and general purpose improvements
needed to accommodate new development in throughout the City, and
a proposed allocation of fees to pay for the transportation and general
purpose improvements. The report is hereby approved as the plan for
construction of planned transportation and general purpose improvements
for throughout the City.
(b)
The
report is consistent with the City's General Plan and will ensure
that adequate transportation and general purpose improvements attributable
to new development within the City will further the public health,
safety and welfare.
(c)
The
development of property within the City will require the construction
of those transportation and general purpose improvements (facilities)
described in the report. Properties within the City shown in the report
benefit by construction of the transportation and general purpose
improvements set forth in the report to the extent that payment of
the fee and construction of the facilities will allow the properties
to be developed according to the City's General Plan.
(Ord. 373 § 1, 1996)
(a)
The
public facilities which are the subject matter of the Citywide Public
Improvement Fee are detailed in the report on file with the City Clerk.
(b)
The
City Council may modify or amend the list of facilities contained
in the report by written resolution in order to maintain compliance
with the City's General Plan or the Capital Improvement Program.
(Ord. 373 § 1, 1996)
The area of the City of Indian Wells to which the fee herein
established shall be applicable shall be the territorial limits described
as the corporate boundaries of the City (Territory) in the City's
General Plan as they may from time to time be amended.
(Ord. 373 § 1, 1996)
A Citywide public improvement fee (fee), to be expressed on
a per equivalent dwelling unit (EDU) basis, is established to pay
for the facilities within the territory. The fee shall be paid upon
the issuance of building permits for each development project within
the Territory.
(Ord. 373 § 1, 1996)
Each new single-family detached dwelling, single-family attached
dwelling, or unit within a multi-family dwelling or mobile home dwelling
in a development project shall be considered one EDU for purposes
of this Fee.
(Ord. 373 § 1, 1996)
The fee for each development project shall be calculated at
the time of building permit issuance and shall be the amount as indicated
at that time.
(Ord. 373 § 1, 1996)
The fee collected shall be used by the City for the following
purposes at such time as determined by the City Council:
(a)
To
pay for such facilities that the City Council determine should be
constructed, installed, or purchased at that time, or to reimburse
the City for facilities funded by the City from other sources.
(b)
To
reimburse developers who have been required or permitted to construct,
install or purchase approved facilities, in such amounts as the City
Council deems appropriate.
(c)
To
repay the City for administration costs associated with administration
of the fee.
(Ord. 373 § 1, 1996)
(a)
The
fee shall be the amounts set forth in this Section. The City Council
may adjust the amount of this fee as necessary to reflect changes
in the costs of the facilities as may be reflected by such index as
the Council deems appropriate, such as the Engineering-News Record
Construction Index, or such other basis; changes in the type, size,
location or cost of the facilities to be financed by the fee, changes
in land use designation in the City's General Plan, and upon
other sound engineering, financing and planning information.
Adjustments to the fee may be made by resolution of the City
Council amending this Section.
(b)
The
fee shall be the following amount for each new dwelling unit, referred
to as "equivalent dwelling unit" (EDU), for which a City
building permit is required, depending on land use and pursuant to
the City's General Plan and Zoning Ordinance:
$2489.00 per EDU
(Ord. 373 § 1, 1996)
Development projects which are additions or expansions to existing
dwelling units or businesses, shall be exempt if the addition or expansion
does not result in a net increase in EDU's.
(Ord. 373 § 1, 1996)
There shall be established a separate interest bearing account
for the fees collected under this Chapter and from which to periodically
make expenditures from the account for the purposes set forth herein.
(Ord. 373 § 1, 1996)
This fee is in addition to the requirements imposed by other
City laws, policies or regulations relating to the construction or
the financing of the construction of public improvements within subdivisions
or developments.
(Ord. 373 § 1, 1996)
Any developer, who, because of the nature or type of uses proposed
for a development project, contends that application of this fee is
unconstitutional or unrelated to mitigation of the burdens of the
development, may apply to the City Council for a modification or reduction
of the fee. The application shall be made in writing and filed with
the City Clerk not later than ten days (10) after notice of the public
hearing on the development permit application for the project is given,
or if no development permit is required, at the time of the filing
of the building permit application. The application shall State in
detail the factual basis for the claim of modification or reduction.
The City shall make reasonable efforts to consider the application
within 60 days (60) after the filing. The decision of the City Council
shall be final. If a modification or reduction is granted, any change
in use within the project shall subject the development to payment
of the fee. The procedure provided by this Section is additional to
any other procedure authorized by law for protection or challenging
this fee.
(Ord. 373 § 1, 1996)
This ordinance is adopted pursuant to the City's constitutional
and taxing powers and pursuant to Government Code 66000 et seq.
(Ord. 373 § 1, 1996)
