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 Highway 111 Corridor and throughout selected areas of the City will require the construction of landscape and lighting 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 Highway 111 Corridor and selected other areas of the City. Imposition of the Highway 111 Circulation Improvement Fee for landscape and lighting 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. 374 § 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, Highway 111 Circulation Improvement Fee Analysis Report," dated January 22, 1996, and on file with the City Clerk, establishes the boundaries of the Highway 111 Corridor, the areas of benefit of the landscape and lighting improvements, the extent of the additional landscape and lighting improvements needed to accommodate new development in the Highway 111 Corridor and elsewhere in the City, and a proposed allocation of fees to pay for the landscape and lighting improvements. The report is hereby approved as the plan for construction of planned landscape and lighting improvements.
(b) 
The report is consistent with the City's General Plan and will ensure that adequate landscape and lighting improvements attributable to new development within the City and Highway 111 Corridor will further the public health, safety and welfare.
(c) 
The development of property within the Highway 111 Corridor and in selected other areas of the City require the construction of those landscape and lighting improvements (facilities) described in the report. Properties within the Highway 111 Corridor and other areas of the City shown in the report benefit by construction of the landscape and lighting 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. 374 § 1, 1996)
(a) 
The public facilities which are the subject matter of the Highway 111 Circulation 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. 374 § 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 Highway 111 Corridor (Territory) and other areas of the City in the City's General Plan as they may from time to time be amended.
(Ord. 374 § 1, 1996)
A Highway 111 Circulation Improvement Fee (Fee), to be expressed on a per Equivalent Dwelling Unit (EDU) basis, is hereby 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. 374 § 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 determined to be constructed to accommodate new development.
(b) 
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.
(c) 
To reimburse developers who have been required or permitted to construct, install or purchase approved facilities listed in the report and referenced in Section 3.25.030 above, in such amounts as the City Council deems appropriate.
(d) 
To repay the City for administration costs associated with administration of the fee.
(Ord. 374 § 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 per EDU:
$975.00
(Ord. 374 § 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. 374 § 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 10 days 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. 374 § 1, 1996)