This article is established under the authority of Article 11, Section 7 of the California Constitution and the Mitigation Fee Act.
(Ord. 93 § 1, 2014)
Development projects impose increase demands on public infrastructure and facilities. The City Council may establish development impact fees to finance infrastructure and other public improvements and facilities needed as a result of new development projects, and adjust the amount of those development impact fees as needed. This article provides the structure by which the City shall administer those development impact fees established by the City Council.
(Ord. 93 § 1, 2014)
means the permit required or issued by the City for the construction, improvement, or remodeling of any structure pursuant to the City's building codes.
means any public facility or infrastructure improvement, including acquisition of land, design and construction, equipping and installing, and related costs, which are to be financed in whole or in part by development impact fees.
means a monetary exaction that is charged to an owner in connection with approval of a development project for the purpose of defraying all or a portion of the cost of the public improvements, public services, and community amenities related to the development project.
means the construction of a new residential dwelling unit or the construction of new nonresidential gross floor area square footage.
means Title 7, Division 1, Chapter 5 of the Government Code, beginning with Section 66000.
means the legal owner(s) of real property upon which a development project is proposed, or their authorized representative(s).
(Ord. 93 § 1, 2014)
The City Council may establish and set the amount of development impacts fees by resolution conforming to the requirements of the Mitigation Fee Act. The City Council may periodically adjust the amount of development impact fees.
(Ord. 93 § 1, 2014)
The provisions of this article apply to all development impact fees established by resolution of the City Council pursuant to Section 3.44.040 unless the resolution establishing said fee expressly exempts the fee from some or all of the provisions of this article. The provisions of this article do not apply to taxes, assessments, fees for processing applications, regulatory fees, fees imposed and collected under a development agreement (unless the agreement expressly requires compliance with this article), and fees imposed by other governmental agencies and collected by the City.
(Ord. 93 § 1, 2014)
A.
Determination of Amount. The City Manager, or designee, shall determine the amount of development impact fees to be paid by each development project in a manner that is consistent with the resolution of the City Council establishing the development impact fees.
B.
Payment Required. No certificate of occupancy shall be issued by the City for a development unless and until the owner of the real property pays to the City all development impact fees applicable to the development project.
C.
Exceptions. The following types of development projects are not subject to development impact fees:
1.
Reconstruction of a structure damaged or destroyed by fire or other natural causes, provided the structure contains the same number of dwelling units and/or the same or less gross floor area as the damaged or destroyed structure.
2.
Rehabilitation or remodeling of an existing residential structure provided no new dwelling units are added to the structure.
3.
Rehabilitation or remodeling of an existing nonresidential structure provided no additional gross floor area is added to the structure and there is no change in use that would generate more traffic.
D.
Agreement for Deferral of Payment of Development Impact Fees. Notwithstanding any other provision of this Code, the City may, in its sole discretion, defer payment of City-imposed development impact fees applicable to a development project and issue a certificate of occupancy for a development project if the owner of the real property enters into an agreement for deferral of payment of development impact fees with the City. Nothing in this subsection shall entitle any development project to a deferral of development impact fees. Development impact fees imposed on development projects by other agencies and collected by the City, including, but not limited to, school fees, MSHCP fees and TUMF fees, may not be deferred.
(Ord. 93 § 1, 2014; Ord. 141 § 1, 2017)
The City shall establish separate accounts for each category of development impact fee established by the City Council and deposit development impact fees collected into the appropriate account. The money deposited into these accounts, and any interest earnings thereon, shall be used solely for the public improvements, public services, and community amenities for which the development impact fees were imposed. Development impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such improvements, services and amenities.
(Ord. 93 § 1, 2014)
A.
Credits. If an owner of a development project constructs a capital improvement the owner may receive a credit against the corresponding development impact fee for the development project. The owner and the City must enter into a credit agreement prior to the issuance of a building permit for the development project for the owner to receive a credit against the applicable development impact fees. The agreement must estimate the cost of constructing the capital improvement, the schedule for the completion of the capital improvement, a requirement that the capital improvement be constructed to City standards, and such other terms and conditions as deemed necessary by the City.
B.
Reimbursements. If an owner of a development project constructs a capital improvement the City may reimburse the owner for the costs of the capital improvement in excess of what is needed to provide services to or mitigate the impacts of the development project. The owner and the City must enter into a reimbursement agreement for the owner to receive a reimbursement. The reimbursement agreement shall require the City, for a period of up to 10 years, to reimburse the owner from the development impact fees collected to fund capital improvements of the same type as the capital improvement constructed by the owner. The City shall not reimburse an owner out of the City's general fund or any other City funds.
C.
Maximum Credit and Reimbursement. In no event shall an owner receive a credit and/or reimbursement in excess of the City's most recent estimated cost of constructing the capital improvement, or the portion of the capital improvement actually completed, by contract or by the City's own forces.
D.
Credit and Reimbursement Policy. The City Council may, from time to time, adopt by resolution a development impact fee credit and reimbursement policy implementing the provisions of this section.
(Ord. 93 § 1, 2014)
All protests, appeals, and audits shall be conducted in accordance with the procedures contained in the Mitigation Fee Act (Government Code Section 66020 et seq.).
(Ord. 93 § 1, 2014)