This chapter shall be known as the "Public Use Facilities Development
Impact Fee Ordinance."
(Ord. 5820, § 1, 1-28-2014)
The city council finds and declares that the ordinance codified
in this chapter is passed to achieve the following, among other, purposes,
and directs the provisions of this chapter be interpreted in order
to accomplish these purposes:
A.
New
residential subdivisions and new development generally increase the
demand for public facilities and affects the quality of the community's
infrastructure. The public interest, convenience, health, welfare
and safety require neighborhood, community, regional park and recreational
facilities, and library facilities be provided for the maintenance
and enhancement of the quality of life of the city's residents.
B.
Pursuant
to Article 11, Section 7 of the California Constitution, the city
is empowered to enact measures that protect the health, safety, and
welfare of its citizens, and specifically, the California Government
Code Section 66477, commonly known as the Quimby Act, permits cities
to adopt an ordinance requiring the dedication of land or the imposition
of a fee in lieu thereof or a combination of both, for park or recreational
purposes as a condition to the approval of a tentative map or parcel
map.
C.
The
public interest necessitates, and AB 1600 also permits cities to impose
Development Impact Fees on new residential, commercial and industrial
development, not involving the subdivision of land, in order to provide
for park, recreation and library facilities to the community.
D.
The
city has determined that there currently is a deficiency in the city's
park and recreational facilities and land because the requisite three
acres per 1,000 persons is not provided, which deficiency is caused,
in significant part, by residential, commercial and industrial construction
without adequate community park and recreational facilities and land
for the residents.
E.
The
developer of residential units, and/or commercial and industrial facilities
who does not subdivide the land upon which the units or facilities
are constructed increases the population of the city and adds to the
need for public recreational facilities to the same extent as the
subdivider of land for residential construction.
F.
Development
of new and rehabilitation of existing park and recreational facilities
should be financed by applicants for developments which are served
by public recreational facilities.
G.
Establishment
of residential, commercial, office, and industrial development park
dedication and in-lieu fees, and/or payment of AB 1600 Mitigation
Fee Act Development Impact Fees as provided for in this chapter, will
promote the general welfare by requiring all developers of new residential
units and commercial, office or industrial facilities to pay a fair
share of the cost of developing new, and rehabilitating existing,
park and recreational facilities which will serve the residents and
users of the development.
H.
The
City of Glendale Public Facilities Fee Study (June 2007) describes
the city standard for parks and recreation facilities, the cost for
parks and recreation facilities construction and the cost thereof
per new residential development per unit and for new industrial and/or
commercial square footage.
I.
The
whole city will derive benefit from the parks and recreation facilities
and should be assessed per the provisions of this chapter to pay a
fair share, or appropriate proportion thereof, as determined by the
city council, based on the benefit derived therefrom.
J.
New
development also affects the city's ability to meet increasing needs
for library service, and additions to the library collections will
be needed to maintain the current levels of service.
K.
The
need for additional library facilities and collections is identified
in the Glendale Public Library Service Area Study and is necessary
to maintain adequate library services within the city.
L.
The
City of Glendale Public Facilities Fee Study describes the city standard
for the number of library books per person, the number of persons
new development generates, the library collection required to service
new development, and estimates of the costs of additions to the library
collection to maintain the current level of service.
M.
New
residential, commercial and industrial development will derive benefit
from the library facilities and collections and should be assessed
per the provisions of this chapter to pay a fair share of the cost
thereof based on the benefit derived therefrom.
N.
After
consideration of the City of Glendale Public Facilities Fee Study
and the development impact fee staff report, and testimony at the
public hearing, the city council finds that new development will create
needs for park and recreation facilities and for library facilities
and collections, and that the development impact fees authorized by
this chapter will provide the funding necessary for these facilities.
(Ord. 5820, § 1, 1-28-2014)
For purposes of this chapter and any resolution adopted to implement
development fees imposed by this chapter, the words and terms defined
herein shall have the meanings stated, unless another meaning is plainly
intended, or expressly provided. To the extent that terms utilized
in this chapter are not defined herein, but are defined elsewhere
in the Glendale Municipal Code, such terms shall have the meanings
stated therein.
are defined in subsection 4.10.050.G.
means, based on California Vehicle Code Section 285, any
person or entity who is engaged wholly or in part in the business
of selling vehicles or buying or taking in trade, vehicles (as defined
by Section 415 of the California Vehicle Code) for the purpose of
resale, selling or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not such vehicles are owned
by such person.
means to determine the amount of development impact fees
(as defined herein) to be collected based on the need for capital
improvements (as defined herein) related to a particular development
project.
means the plan for capital improvements adopted and updated
annually, or otherwise updated by the city council, describing the
approximate location, size, time of availability and estimated cost
of and appropriating money for capital improvement projects.
means public improvements, such as land and/or facilities
for parks and recreation, and library facilities identified in the
city's master plans and/or capital improvement plans (as defined herein).
means the official city certification that all or a portion
of a building, structure or addition is suitable for use or occupancy.
For purposes of this chapter, certificate of occupancy shall refer
to the earlier of, issuance of a certificate of occupancy or temporary
certificate for use or occupancy of all, or a portion of a building
by a tenant, owner or occupant.
collectively mean the studies prepared by, or for, the parks,
recreation and community services, development services and planning
departments of the city which form the basis for collecting development
impact fees (defined herein) for public facilities improvements and
plans for library, and parks and recreation facilities related to
new development.
means the point at which the development impact fee due is
actually paid over to the city.
as defined by the general plan recreation element means those
facilities that consist of 10 to 30 acres of usable land area. Community
parks should provide active recreational uses which include facilities
such as athletic fields and swimming pools. A community park should
also provide for passive recreational opportunities, such as waling,
viewing, sitting or picnicking as well as community center or facility
for group uses. A community park should serve a population living
within a one mile radius and should be easily accessible to the neighborhoods
served. Community parks can also encompass specialized facilities
appropriate for use by all the city's residents.
means the addition of new dwelling units and/or new nonresidential
gross floor area (as defined in this section) added to an undeveloped
portion of a building, the permit or certificate of occupancy for
such construction, reconstruction or use, but not including: (i) a
permit to operate; (ii) a permit for the internal alteration, remodeling,
rehabilitation, or other internal improvements or modifications to
an existing structure, so long as no additional dwelling units or
gross floor area is added; (iii) an accessory use, so long as no additional
dwelling units or gross floor area is added, or (iv) parking facilities.
means a monetary exaction imposed as a condition of or in
connection with the issuance of an approval of a development project
(defined herein) for the purpose of defraying all or a portion of
the cost of certain capital improvements related to the development
project.
means any project undertaken for the purpose of development,
including a project involving the issuance of a permit for construction
of a building or structure. However, "development project" does not
include the issuance of a permit to operate.
shall mean the total horizontal area of all floors beneath
the roof of a building. The computation excludes the columns, permanent
interior walls, stair shafts, and mechanical equipment rooms that
serve the building as a whole (offices only) and that are actually
occupied by parking. The computation includes corridors, bathrooms,
interior partitions which are not permanent or anything else not excluded
above.
means any structure or any portion of any structure which
is occupied, or intended or designed for occupancy by transients for
dwelling, lodging, or sleeping purposes, at a fixed location or other
similar structure or portion thereof.
means the determination that a particular development project
is subject to the condition of payment of development impact fees
and the attachment of such requirement to the project as a condition
of development approval.
means a monetary exaction imposed as a condition of development
approval in order to fund and to assure the provision of library space
and collections needed to serve additional residents caused by new
development.
as defined by the general plan recreation element means those
facilities that consist of anywhere from 1/3 to one acre containing
a tot lot, picnic area or other facility. Mini-parks are intended
to serve a limited population or specific group such as young children
or senior citizens, and should be located within a service area of
one-quarter (¼) mile and should be located in proximity to
multiple-family developments or housing for the elderly.
as defined by the general plan recreation element means those
facilities consisting of two to 10 acres of developed land area. Neighborhood
parks are typically facilities that are used for intense recreational
facilities such as game fields, court games, playground apparatus,
walking trails, viewing and sitting areas, picnic grounds and wading
pools. The neighborhood park should be located within a service area
of one-half (½) mile and should be centrally located within
walking and bicycling distance to the neighborhood it serves.
means any of the following: net new construction intended
to be occupied, in whole or in part, as a residence, including, but
not limited to, subdivisions, single-family dwelling units, multi-family
dwelling units, live/work units, and any other form of residence,
regardless of the zoning designation for the property. This term shall
exclude remodeling of any residence which does not create an entirely
new living unit. This term shall only apply to the construction of
net new residences, including the addition of new residences to preexisting
construction, and the conversion of a non-residential structure to
residences.
means a monetary exaction imposed as a condition of development
approval in connection with a development project in order to fund
and to assure the provision of park land and recreation improvements
needed to serve such development at established city service level
standards within a reasonable period of time.
means any development project for which the department of
community development or its predecessor has issued a written determination
that a Stage I design review or equivalents design review application
has been deemed complete or where a project has received a Stage I
or final design review approval or a building permit. Pipeline development
project status is not indefinite and shall expire if not acted upon
within the time frames established in this title or Title 30 of the
Glendale Municipal Code.
means any area of privately owned real property that is preserved
as open space, that is free from habitable structures, and or set
aside for park or recreational facilities within a private development.
means those fees collected pursuant to California Government
Code Section 66477 (Quimby Act).
as defined by the general plan recreation element means those
facilities that consist of more than 30 acres of usable land area.
A regional park should promote a wide variety of activities and should
service a broad geographic area. Specifically, the site should incorporate
two or more major specialized facilities that will attract people
of all age groups residing within an hour drive of the city. The regional
park should also assist in providing a city identity and should promote
the conservation of the environment.
means any development undertaken for the purpose of creating
a new dwelling unit, or units and involving the issuance of a building
permit for construction.
(Ord. 5820 § 1, 2014)
A.
This
division applies to all development impact fees imposed by the city
and as set forth in this chapter as a condition of issuance of certain
permits required for development approval for the purpose of financing
capital improvements, the need for which is attributable to such development,
including, without limitation:
B.
Development
impact fees shall be imposed as a condition of the issuance of permits
for new development or as a map condition for subdivisions/parcel
maps for new residential development pursuant to Government Code Section
66477, unless expressly exempted by this chapter. Development impact
fees shall be assessed in the amount established by the city council
by resolution.
C.
Changes
in Fee Schedule. The fees shall be reviewed no less than once every
two years. Such review shall be based upon increases or decreases
in construction costs based upon the Engineering News Record, Construction
Cost Index for the calendar year as of December 1st (the "cost report"),
and may include a survey of land values in the city (the "land values
survey"). Nothing in this section shall prevent the city council from
making fee adjustments greater or less than indicated by the cost
report and land values survey. Any action adopting a fee or charge
or increasing a fee or charge shall not become effective until the
sixtieth (60th) day after action by the city council to change the
fee schedule.
D.
Pipeline
Projects. In order to maintain pipeline development project status,
building plan check must be completed and a validly issued building
permit must be obtained within three years from the date the development
project plans are deemed a complete submission to building plan check.
Pipeline development projects that fail to complete building plan
check within this three year timeframe will lose the pipeline development
project status and will pay the full development impact fee then currently
applicable.
E.
Quimby
Fee Calculation Method. The method for calculating the Quimby fees
shall be based on the number of units in the new residential development.
A studio or a loft shall each be considered one unit. Quimby fees
shall be imposed as a condition of approval for a tentative tract
map or tentative parcel map, the subdivider shall pay into the residential
impact fund a fee established by resolution and as set forth in the
fee schedule. Payment of fees required by this section shall be made
prior to the approval of the final map. Quimby fees do not apply to
commercial or industrial subdivisions or to condominium projects or
stock cooperative projects which consist of the subdivision of airspace
in an existing building when no new residences are added. Any person
seeking a building permit for a new residential development, which
was not required to pay a Quimby fee, shall pay the development impact
fee as set forth in the fee schedule in this section.
(Ord. 5820 § 1, 2014)
The provisions of this chapter do not apply to the following:
A.
Taxes
for special assessments.
B.
Fees
for processing development applications or approvals.
C.
Fees
for enforcement of or inspections pursuant to regulatory ordinances.
D.
Fees
collected under development agreements adopted pursuant to California
Government Code Section 65864 et seq., except for development agreements
which required development impact fees as enacted by this chapter.
However, in the event the aforementioned development agreements contain
specific provisions which conflict with this chapter, the specific
provisions in the development agreement shall be applied.
E.
Fees
imposed pursuant to a reimbursement agreement by and between the city
and a property owner or developer for that portion of the cost of
a capital improvement paid by the property owner or developer which
exceeds the need for the capital improvement attributable to and reasonably
related to the development.
F.
Fees
imposed for the reconstruction of any residential, commercial, or
industrial development project that is damaged or destroyed as a result
of a natural disaster, as declared by the governor. Any reconstruction
of real property, or portion thereof, which is not substantially equivalent
to the damaged or destroyed property, shall be deemed to be new construction
and only that portion which exceeds substantially equivalent construction
may be assessed a fee. The term substantially equivalent, as used
herein, shall have the same meaning as the term in Subdivision (c)
of Section 70 of the Revenue and Taxation Code, and as amended.
G.
Fees
imposed on any new residential development project that provides 100%
of the units as affordable units.
H.
Fees
imposed on any new ownership residential development project that
provides affordable units as follows:
1.
Any
new ownership residential development project that provides affordable
units within the new residential development ("affordable ownership
housing project") shall be exempt from development impact fees as
to the affordable units only.
2.
As
used herein, "affordable units" means: (a) for rental housing, the
units shall be made available, rented and restricted to "lower income
households" (as defined in Health and Safety Code Section 50079.5)
at an "affordable rent" (as defined in Health and Safety Code Section
50053); or (b) for for-sale housing, the units shall be sold to "persons
or families of low or moderate income" (as defined in Health and Safety
Code Section 50093) at a purchase price that will not cause the purchaser's
monthly housing cost to exceed "affordable housing cost" (as defined
in Health and Safety Code Section 50052.5). Affordable units that
are rental housing shall be made available, rented, and restricted
to lower income households at an affordable rent for a period of at
least 55 years after the issuance of a temporary certificate of occupancy
or certificate of occupancy (whichever is issued first) for new residential
development. Affordable units that are for-sale housing units shall
be restricted to ownership by persons and families of low or moderate
income for at least 45 years after the issuance of a temporary certificate
of occupancy or certificate of occupancy (whichever is issued first)
for the new residential development, provided, however, that during
such period an affordable unit may be sold at market rate if the affordable
unit is subject to an equity sharing agreement consistent with the
provisions of Government Code Section 65915(c)(2), or any successor
provision, and the city retains an equity share pursuant to said agreement.
Prior to the issuance of a building permit for an affordable housing
project, the owner of the real property on which the affordable housing
project will be constructed shall execute and cause to be recorded
a covenant in favor of the city agreeing to the affordable housing
provisions required by this subsection.
I.
Fees
imposed on unique land uses primarily devoted to hospitals, churches,
educational facilities, youth and recreational facilities, and other
community uses which serve the public, similar to those listed, as
determined by the director of community development.
J.
Fees
imposed on applicants who have a valid building permit on the effective
date of the ordinance codified in this chapter, except those who were
required to pay development impact fees as a condition of approval
to build, and except where a validly issued building permit has expired.
K.
Nominal
Square Footage Additions. All non-residential uses, excluding auto
dealers and hotel uses, when the total additional square footage is
1,250 square feet or less. This exemption shall apply only when the
additional square footage of new development does not exceed 1,250
square feet. New nonresidential development that is larger than 1,250
square feet shall pay a fee for all square footage, including the
first 1,250 square feet.
L.
Fees
imposed on auto dealers.
M.
Fees
imposed on hotels.
(Ord. 5820 § 1, 2014; Ord. 5928 § 1, 2019)
When the Quimby fee assessed to the residential development
project equals or exceeds one million dollars ($1,000,000.00), the
developer may request to dedicate land, either on-site or off-site,
and develop a park in lieu of payment of said fee. Such dedication
of land shall be subject to acceptance of the dedication by the city
council. The dedication of land and development of a park shall be
in conformity with the conditions, provisions, standards, and formulas
contained in this chapter.
A.
Procedure.
1.
A
developer who requests to dedicate land and develop a park shall submit
a written proposal describing the property to be dedicated and the
park development plans to the director of community services and parks.
The proposal shall include an appraisal of the property to be dedicated.
2.
The
director of community services and parks shall determine whether the
proposal complies with existing park standards and requirements. If
the director of parks, recreation and community services determines
the proposal meets the standards and requirement, the director of
community services and parks shall prepare a report to the city council
regarding the proposed dedication.
3.
The
city council may accept or decline the dedication and determine the
amount of the Quimby fee to be waived. If the property being dedicated
and the park development are accepted by the city council in lieu
of the Quimby fee or any portion thereof, the city council shall,
by resolution, waive the fee or any portion thereof upon the dedication
of the property to the city. The resolution shall also indicate the
time for completion of the park development.
4.
Real
property dedicated to the city shall be conveyed in fee by grant deed,
free and clear of encumbrances. Deeds in a form acceptable to the
city shall be executed and delivered to the city at the time the first
building permit is issued. The grantor shall provide all instruments
required to convey the land and shall also provide a preliminary title
report and title insurance in favor of the city in an amount equal
to the value of the property being conveyed. The developer dedicating
land in fee by grant deed shall develop and construct the park to
current safety standards.
5.
Real
property dedicated to the city by way of an easement for park purposes
shall be conveyed free and clear of encumbrances that would impede
the use of the property for park purposes. The conveyance of the easement
shall be in a form acceptable to the city and shall be executed and
delivered at the time the first building permit is issued. The developer
dedicating land by way of an easement for park purposes shall construct
and maintain a park on the dedicated land in accordance with current
safety standards. The developer shall assume all liability for the
dedicated land and shall maintain liability insurance in an amount
acceptable to the city and wherein the city, its officers, agents
and employees shall be named as additional insureds. Any such insurance
documentation shall be in a form acceptable to the city.
(Ord. 5820, § 1, 1-28-2014)
B.
The
city council shall grant credit for land dedicated and/or fees paid
pursuant to this chapter under a previously approved final subdivision
map or parcel map in the event a new map is submitted for approval.
Such credit shall be subtracted from the dedication and/or fees required
under this chapter for the new map; provided, that in no event shall
the city be required to return any fees paid or any land dedicated
as a condition of a previously approved final map pursuant to this
section.
(Ord. 5820, § 1, 1-28-2014)
Development impact fees shall be established by resolution or
ordinance of the city council from time to time, and to be paid into
each development impact fee account, as applicable. Before establishing
or changing any development impact fee, the city council shall hold
a public hearing as part of a regularly scheduled meeting and pursuant
to notice published in accordance with Section 6062 of the Government
Code, at which oral or written presentations may be made by interested
parties. An ordinance or resolution establishing a new development
impact fee, or increasing the fees shall take effect no sooner than
60 days following the final action by the city on the ordinance or
resolution. Development impact fees shall not exceed the estimated
reasonable cost of providing the facility for which the fee or exaction
is imposed.
(Ord. 5820, § 1, 1-28-2014)
A.
Imposed
on Development Projects. Development impact fees established in accordance
with this chapter shall be imposed on all development projects which
require a building permit or subdivision of land for residential development
projects.
B.
Calculation
and Collection.
1.
Non-Residential
Projects: The city requires the payment of fees prior to the issuance
of a building permit where the city has established an account for
collection of said fees and where funds have been appropriated and
for which the city has adopted a proposed construction schedule or
plan (e.g. capital improvement plan) for use of the fees, or where
the fees or charges are to reimburse the city of expenditures previously
made. Said payment of fees shall be based on the development impact
fee rate in effect at the time of collection, unless:
B.
The applicant has made an irrevocable offer to dedicate land which has been accepted by the city pursuant to section 4.10.060; or
E.
The applicant has requested the city council to approve a payment
plan pursuant to subsection 4.10.150.K., and a cash deposit, letter
of credit, bond or other surety in the amount of the development impact
fee, as calculated by the building official, has been posted with
the city. In order to have a payment plan considered, the applicant
shall submit the request pursuant to subsection 4.10.150.K.
2.
Residential Projects: The city requires the payment of fees prior to the issuance of a building permit where the city has established an account for collection of said fees and where funds have been appropriated and for which the city has adopted a proposed construction schedule or plan (e.g. capital improvement plan) for use of the fees, or where the fees or charges are to reimburse the city of expenditures previously made. For purposes of residential subdivision, Fees shall be calculated and collected prior to final tract or parcel map approval pursuant to chapter 16.32. Said payment of fees shall be based on the development impact fee rate in effect at the time of collection.
(Ord. 5820, § 1, 1-28-2014)
Fees imposed by this chapter shall be adjusted pursuant to subsection
4.10.040.C.
(Ord. 5820, § 1, 1-28-2014)
A.
Separate
Account. The city shall deposit development impact fees received with
other fees for the same type of capital improvement in separate capital
improvement accounts for parks and recreation (parks fund) and libraries
(library fund) in a manner to avoid any commingling of the fees with
other city revenues and funds, except for temporary investments, and
shall expend the fees solely for the purpose for which they were collected.
B.
Use
of Funds. The funds of each account shall be expended within the city
and shall be used exclusively for the capital improvements for which
the development impact fees were collected.
C.
Annual
Statement of Account Balances by Finance Director. For each separate
development impact fee account, the director of finance shall, within
120 days of the close of each fiscal year, make available to the public
the amount of the fee, the beginning and ending balance for the fiscal
year, any interest, earned income and the amount of expenditure by
capital improvement and the amount of refunds made during the fiscal
year. The required annual statement of account balances may be incorporated
into the city's comprehensive annual financial report.
D.
Annual Review of Statement by City Council. The city council shall review the annual statement of account balances information contained in the city's comprehensive annual financial statement referred to in subsection C. of this section, at the next regularly scheduled public meeting held not less than 15 days after the information is made available to the public.
E.
Audits.
The applicant or property owner may request an audit of any sub-fund
by submitting a request for audit with the city clerk, to determine
whether the development impact fee imposed exceeds the amount reasonably
necessary to finance capital improvements to serve new development
at established city service levels. The city council may then retain
an independent auditor who shall determine whether the fee is reasonable.
The city may require, and it shall be a condition to the right to
such audit, that the applicants or property owners deposit with the
city a sum equal to the reasonable estimated cost of the audit. The
decision of the independent auditor shall be final unless duly appealed
to the city council by the property owner or applicant.
(Ord. 5820, § 1, 1-28-2014)
A.
Permitted
Expenditures. Development impact fees shall be expended only for the
type of capital improvement for which they were imposed, calculated,
and collected and shall be expended or committed in accordance with
the time limits and procedures established in this chapter. Development
impact fees may be used to pay the principal sum and interest and
other finance costs on bonds, notes or other obligations issued by
or on behalf of the city to finance such capital improvements; and
any administrative costs incurred by the city in accordance with this
chapter.
B.
Restrictions
on Use of Fee. Development impact fees shall not be expended to maintain,
repair or operate capital improvements, however, subject to specified
limitations; Quimby fees may be used to repair existing facilities.
(Ord. 5820, § 1, 1-28-2014)
A.
Unspent
Funds—Automatic Refund. If development impact fees are unexpended
or uncommitted five or more years after deposit in a development impact
fee account, the city council shall make findings to identify the
purpose to which the fee was put; to demonstrate a reasonable relationship
between the fee and the purpose for which it was charged; to identify
all sources and amounts of funding anticipated to complete the financing
of incomplete improvements; and to designate the approximate dates
on which this funding is expected to be deposited into the appropriate
account or fund. Such findings need be made only for money in possession
of the city, and not for letters of credit, bonds or other instruments
taken to secure payment of the fees at a future date.
B.
Refunds. If the city council cannot make the aforementioned findings, the city shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis, the unexpended or uncommitted portion of the fee, and any interest accrued thereon, which has been on deposit over five years and for which need cannot be demonstrated pursuant to subsection A. of this section.
C.
Finding
by Council Not to Refund. If the city council finds that the administrative
costs of refunding unexpended or uncommitted development impact fees
exceed the amount to be refunded, the city council, after a public
hearing, notice of which shall be published in accordance with Government
Code Section 6061 and posted in three prominent places within the
area of each development project subject to a refund, may determine
that the revenues shall be allocated for other capital improvements
for which development impact fees are collected and which serve the
development projects on which the fee was originally imposed.
D.
Method
of Refund. The city may refund the unexpended or uncommitted portions
of development impact fees by direct payment, by temporarily suspending
fees, by offsetting the refunds against other development fees due
for development projects on the property, or by other means agreed
to by the property owner. The property owner shall provide as evidence
of ownership a title report issued by a licensed title insurer. If,
in the view of the city attorney there is doubt as to whom such refund
shall be made, the city attorney may interplead the possible claimants
and deposit the amount of refund with the Superior Court.
E.
Other
Refunds. In the event that an applicant requests a refund due to reasons
not set forth in this section, the applicant shall submit a claim
for refund with the city clerk who then shall forward the request
to the city department responsible for administering the development
impact fee program. The finance director shall not issue a refund
unless the project building permit for which fees were paid has been
terminated or has expired. In the event an applicant seeks renewal
of any building permit for any project for which a refund was issued,
then prior to the issuance of any such building permit new development
impact fess shall be assessed at the rate then in effect. The time
period to file a claim pursuant to this provision shall be limited
to 180 days after payment of the fee. No refund shall be issued if
the administrative cost of making the refund will exceed the amount
to be refunded.
(Ord. 5820, § 1, 1-28-2014)
A.
Appeal to City Council. The applicant may appeal any decision of a city official under this chapter to the city council or seek a reconsideration by the city council of a refund issue, including, but not limited to, calculation of the amount of the development impact fee, the number of development units and/or gross square footage, reimbursement due, applicability of an exemption, and eligibility for and amount of a credit or refund. Any request for special financing of the development impact fees may be made to the city council by filing a notice of appeal with the city clerk in accordance with this chapter. As part of the request for financing process, the applicant shall be required to provide adequate security in the amount of the development impact fees required for the development project. An appeal of a hearing officer decision shall be subject to the Glendale Municipal Code chapter 2.88, Uniform appeal procedure.
B.
Fee
Not Stayed Pending Appeal or Request for Financing. If the development
impact fee has been paid in full or if the notice of appeal or request
for financing is accompanied by a cash deposit, letter of credit,
bond or other surety acceptable to the city attorney, in an amount
equal to the development impact fee calculated to be due, the application
for development project approval shall be processed. The filing of
a notice of appeal shall not stay the imposition or the collection
of the development impact fee calculated by the city to be due unless
sufficient and acceptable surety has been provided.
C.
Waiver or Reduction of Fee. If, as a result of an appeal pursuant to this section or judicial review pursuant to section 4.10.160, a development impact fee is reduced or waived, the city council may determine whether and how such reduction or waiver may affect the development impact fee calculation methodology. If the city council determines that capital improvement needs are correspondingly reduced or increased, the city council may amend the capital improvement plan, the applicable master plan, the development impact fee calculation methodology, the applicable development impact fee, or take such other action as it may deem appropriate. If the city council determines that capital improvement needs remain the same, the city council shall appropriate funds in an amount equal to the reduction, waiver or increase of the development impact fee and shall deposit same to the applicable development impact fee account or take such other action as it may deem appropriate.
(Ord. 5820, § 1, 1-28-2014)
A.
Judicial
Review. An applicant may seek judicial review of:
2.
The
adoption, by resolution or ordinance, of a new development impact
fee or the amendment of an existing development impact fee or the
automatic adjustment of the development impact fee if such adjustment
results in a fee increase, pursuant to this section and Government
Code Section 66022.
3.
The
imposition of a development impact fee as a condition of development
approval, pursuant to this section and Government Code Section 66020.
B.
Time
Periods. The applicable time periods for and conditions precedent
to the filing of an action for judicial review are:
1.
Appeal
from a final decision of the city council: not later than the ninetieth
(90th) day following the date on which the decision becomes final.
2.
Adoption
of development impact fee ordinance or amendment: not later than the
one hundred twentieth (120th) day following the effective date of
the ordinance or resolution. However, if the development impact fee
has been directly imposed as a condition of development approval and
is challenged as a special tax, the appellant must, at least 30 days
prior to initiating legal action, request that the city provide the
documents which establish that the development impact fee does not
exceed the cost of the capital improvements for which it is imposed.
The requirement for this request is a condition precedent to an action
challenging the development impact fee as a special tax, but does
not alter the applicable time period for filing an action for judicial
review of the fee ordinance or amendment, pursuant to Government Code
Section 66024.
3.
Imposition
of the development impact fee as a condition of development approval:
if a protest is timely filed pursuant to this section and Government
Code Section 66020, not later than the one hundred eightieth (180th)
day after the date of imposition; if a protest is not timely filed
pursuant to this section and Government Code Section 66020, not later
than the ninetieth (90th) day following imposition.
C.
Protests
of Fee Imposition. Any party may protest the imposition of a development
impact fee pursuant to Government Code Sections 66020 and 66021.
1.
If
payment of the development impact fee has been imposed as a condition
of development project approval, the protest shall be filed at the
time of such approval or conditional approval of the proposed project.
2.
If
the development impact fee has been calculated and payment is now
required, the protest shall be filed within 90 days after the date
of collection.
3.
A
valid protest must meet both of the following requirements:
a.
The applicant must tender any required payment in full or provide
evidence satisfactory to the city attorney of arrangements to ensure
performance of the conditions necessary to meet the requirements of
the imposition.
b.
The applicant must serve written notice on the city council, which
notice shall contain: (i) a statement that the required payment is
tendered, or that any conditions which have been imposed are provided
for or satisfied, under protest; and (ii) a statement informing the
city council of the factual elements of the dispute and the legal
theory forming the basis of the protest.
4.
If
a valid and timely protest is filed by an applicant, the city council
shall schedule a hearing date, at a regular or special meeting, not
more than 45 days after the filing of the protest. The city shall
notify the protestant of the hearing date by certified mail, return
receipt requested, at the address listed on the protest petition at
least 20 days prior to the hearing date. However, if it is determined
from the protest petition or from relevant city documents that the
protest is improper, the city, within 20 days after receipt of the
protest petition, shall reject the protest petition, stating the grounds
therefor and notifying the protestant by certified mail, return receipt
requested.
5.
The
hearing of the protest shall is [be] administrative. Evidence may
be submitted by the protestant and by the city. Testimony shall be
under oath. The city council shall make written findings of fact and
conclusions of law after the close of the hearing.
6.
A
request for continuance of the hearing may be made by the city council
on its own motion or at the request of the protestant. If requested
by the protestant, the city council shall determine whether a continuance
should be granted.
7.
Within
30 days after the close of the administrative hearing, the city council
shall render its decision, in writing, and notify the applicant of
such decision by certified mail, return receipt requested at the address
listed on the protest petition.
8.
The
findings of fact and conclusions of law shall be completed no later
than 15 days following the decision of the city council and shall
be filed with the city clerk. Upon the request of the applicant, the
findings of fact and conclusions of law shall be sent to the applicant.
9.
Upon
the filing of the findings of fact and conclusions of law with the
city clerk, the decision of the city council shall be deemed to be
final.
10.
Any petition for judicial review of the city council's final decision
on the protest shall be filed not later than the ninetieth day following
the date on which the decision becomes final, and shall be made in
accordance with Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
(Ord. 5820, § 1, 1-28-2014)
This chapter shall not affect in any manner the permissible
uses of property, density or intensity of development, design and
improvement standards and public improvement requirements or any other
aspect of the development of land or construction of building, which
may be imposed by the city pursuant to zoning ordinances, subdivision
ordinance or other ordinances or regulations of the city.
(Ord. 5820, § 1, 1-28-2014)
Specific development impact fees imposed by section 4.10.040 reflect a development's proportionate share, or percentage thereof, of the cost of providing improvements necessary to meet demands created by such development at established city service level standards. As such, development impact fees are additional and supplemental to, and not in substitution of, either on-site improvement requirements or off-site improvement requirements imposed by the city pursuant to zoning, subdivision or other ordinances and regulations.
(Ord. 5820, § 1, 1-28-2014)
