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.
Imposition of Fees.
Occurs when they are imposed or levied on a specific development.
Multifamily Residential Development.
Development or use of land for residential purposes involving more than one dwelling unit in a single structure.
Public Facilities.
Public improvements, public services or community amenities.
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)
A. 
This chapter establishes development impact fees which are imposed as a condition of approval upon all development projects for which a building permit is issued on or after the effective date of the ordinance codified in this chapter. Those impact fees are established for the following public facilities:
1. 
Wastewater/sewer collection, treatment and disposal facilities.
B. 
These impact fees are established in order to pay for the capital costs of public facilities reasonably related to the needs of new development in the city. At least once every five years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development.
C. 
In establishing these fees, the council has considered the effects of the fees with respect to the city's housing needs as established in the housing element of the general plan.
(Ord. 19-0338, 2019)
A. 
From time to time, the council shall, by resolution, set forth the specific amount of the impact fees, the specific public facilities to be paid for by the fees and the estimated cost of those facilities, and describe the reasonable relationship between the fees and the developments on which they will be imposed.
B. 
Due to the increases in costs of construction, developing and designing the projects to be financed by the development impact fees set forth herein, such fees shall be automatically adjusted annually commencing July 1, 2019, and every July 1st thereafter. The fee adjustments shall be determined by averaging the annual increases, if any, in the: (1) Engineering News Record's U.S. 20 city average construction cost index; and (2) Engineering News Record's Los Angeles construction cost index, for the preceding 12 month period ending in May. The resultant fee shall be rounded to the nearest dollar.
(Ord. 19-0338, 2019)
A. 
Except as otherwise provided in California Government Code section 66007, impact fees shall be paid to the city at the time a building permit is issued.
B. 
Whenever fees are imposed pursuant to this chapter, the city shall provide the project applicant with a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, a statement of the amount of the fees and notification of the 90 day approval period in which the applicant may protest the imposition of the fees. Said notice shall be in substantially the following form.
The conditions of project approval for your project, identified as __________, include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as. (identification of the amount of the fee and description of the dedications, reservation, or other exactions). The applicant is hereby notified that the 90 day protest period to challenge such items has begun as of the date of the project approval or the date of the fee imposition, which date was __________. If the applicant fails to file a protest regarding any of the fees, dedication, reservation, or other exaction requirements as specified in California Government Code § 66020, the applicant shall be legally barred from later challenges.
(Ord. 19-0338, 2019)
A. 
Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following requirements:
1. 
Tendering any required payment in full;
2. 
Serving written notice of protest on the city council which notice shall contain all of the following information:
a. 
A statement that the required payment is tendered under protest,
b. 
A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis for the protest;
3. 
Serving the written notice of protest no later than 90 days after the date of the imposition of the fees.
B. 
The city council shall consider that protest at a hearing, the date of which shall be set by the city council within 60 days after the filing of the protest. The decision of the city council shall be final.
(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)
A. 
If the applicant for approval of any development project is required by the city, as a condition of approval, to construct facilities whose cost has been used in the calculation of impact fees which apply to that project, the applicant shall receive a credit against those impact fees, up to the amount charged for the same type of facility. If the cost of the improvements constructed by the applicant exceeds the amount of the impact fees charged to the development project for the same type of facility, the excess cost shall be reimbursed to the applicant from other impact fee revenues within a reasonable time. To qualify for reimbursement, the applicant must enter into a reimbursement agreement with the city, and any such agreement must specify the amount to be reimbursed and the approximate schedule of the reimbursement.
B. 
An applicant converting an existing use from one use category (residential, commercial, industrial) to another use category shall pay a sewer impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in the resolution adopted by the city council under section 10-5-6. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category, nor shall reductions to development impact fees be transferable to another development.
(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)
A. 
The city treasurer shall establish a separate fund or account for each type of facility listed in section 10-5-5. All impact fees collected by the city shall be deposited in the fund or account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account.
B. 
Funds deposited in those accounts shall be used only to pay for design and construction, including construction administration, of projects identified in resolutions adopted pursuant to section 10-5-6 as the basis for the impact fees, or for reimbursements as provided in section 10-5-10.
(Ord. 19-0338, 2019)
A. 
If impact fees collected by the city have not been expended for the intended purpose within five years following their collection, the city shall either refund those fees as provided in California Government Code section 66001, or make findings as required by that section to retain the fees.
B. 
The refund provisions of this chapter shall apply only to monies in possession of the city and need not be made with respect to any bonds, letters of credit or other items given to secure payment at a future date.
(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)