This chapter shall be known as the "Solvang Development Impact
Fee Ordinance."
(Ord. 19-0338, 2019)
The council declares that the fees required to be paid hereby
are established for the purpose of protecting the public health, safety
and general welfare, and implementing the policies of the general
plan, by providing for the provision of adequate public facilities
to support orderly development.
(Ord. 19-0338, 2019)
Unless otherwise required by the context, the following definitions shall govern the construction of this chapter and any resolutions adopted by the city council pursuant to section
10-5-6:
Commercial Development.
The development or use of land for any retail, office, service
commercial or other business purpose.
Council.
The city council of the city of Solvang.
Development or Development Project.
Any project undertaken for the purpose of development, and
includes a project involving the issuance of a permit for construction
or reconstruction, but not a permit to operate.
Dwelling Unit.
A structure, or portion of a structure, which is used for
separate residential occupancy by an individual, a family or a group
of unrelated individuals.
EDU.
An equivalent dwelling unit. The single-family residence
has been designated as the basic unit for calculation of the fees
under this chapter, with other land use parcels receiving varying
levels of proportionate fees based on parcel usage and size. One EDU
represents an equivalency factor relative to a single-family residential
parcel.
Hotel or Motel.
Any development or use of land for temporary lodging purposes.
Impact Fee.
A monetary exaction charged to the applicant in connection
with approval of a development project for the purpose of defraying
all or a part of the cost of public facilities related to the development
project.
Restaurant.
Any establishment whose principal business is the sale of
meals, including food and/or beverage, consumed on or off the premises.
Single-Family Residential.
Development or use of land for residential purposes involving
no more than one dwelling unit in a single structure.
(Ord. 19-0338, 2019)
All projects with vesting tentative maps at the time of the
effective date of the ordinance codified in this chapter will be subject
to prior fee ordinances and resolutions, unless such fees, in total,
are higher than those imposed by this chapter's implementing resolution;
or, unless otherwise determined due to maximum time limits having
expired on said vesting tentative maps.
(Ord. 19-0338, 2019)
The fees imposed under this chapter shall not apply to the following:
A. The United
States or to any agency or instrumentality thereof, the state or any
county or other political subdivision of the state.
B. Remodeling
or alteration of an existing residential building, but only if the
number of dwelling units is not increased, or the use changed or intensified.
C. That portion
of a structure, which existed before the addition of dwelling units
or the enlargement of floor area in a nonresidential structure. If
a structure is destroyed or demolished, and building permits are issued
to replace the structure within one year from the date of demolition,
the impact fees shall be based on the service requirements of the
new development less the service requirements of the development which
it replaced.
(Ord. 19-0338, 2019)
Upon the request of the developer, all or a portion of the fees
set forth in this chapter may be waived for the development of housing
for low income and very low income households, as defined by California
Health and Safety Code sections 50079.5 and 50105 respectively, when
such housing is guaranteed affordability by deed restriction or other
encumbrance on the property for a minimum period of 30 years. The
request for such a waiver shall be submitted in writing and shall
be processed with the development permit application for the project.
Such waiver shall be memorialized in the form of a development agreement.
(Ord. 19-0338, 2019)
The provisions of this chapter shall not be construed to limit
the power of the city council to impose any other fees or exactions
or to continue to impose existing ones on development within the city,
but shall be in addition to any other requirements which the city
council is authorized to impose, or has previously imposed within
the city. In particular, individual property owners shall remain obligated
to fund, construct, and/or dedicate the improvements, public facilities
and other exactions required by the city, including, without limitation,
those required by the municipal code, city standard details and specifications
and other applicable public works standards. Any credits or reimbursements
shall not include the funding, construction or dedications described
in this division.
(Ord. 19-0338, 2019)