This chapter shall be known and cited as the "Deferral of Development Impact Fees."
(Prior code § 6B-010)
The City Council of the City of Woodland desires to encourage the construction of residential and nonresidential development projects within the City. The City Council finds that the existing requirements for payment of certain development impact fees for new development create a barrier to such development by requiring developers to retain a significant amount of cash or in-kind funds to pay certain development impact fees upon issuance of a building permit. Pursuant to the foregoing, the City Council desires, by the adoption of this chapter, to ease this barrier by deferring the payment of certain development impact fees.
(Prior code § 6B-020)
B.
The development impact fees/capacity charges set forth in this section shall be further defined in the guidelines. This section provides the exclusive list of fees which may be deferred pursuant to this chapter. Any fees not provided in this section shall be paid pursuant to applicable Federal, State or local regulations, including, without limitation, fees related to the California Environmental Quality Act.
(Prior code § 6B-030; Ord. 1690 § 2, 2022)
means the owner or owners of record for the real property on which an approved project is to be located.
means a development project that has received final discretionary action by the City and which is in compliance with all Federal, State and local requirements, including, without limitation, environmental requirements due prior to issuance of a building permit.
means any development impact fees or capacity charges, as set forth in Section 15.20.030, that the City has agreed to defer pursuant to a fee deferral agreement.
means a standardized agreement satisfactory to the City and approved by the City Attorney, executed by and between the applicant and the City for the purpose of approving the deferral of certain deferred fees. The fee deferral agreement shall require the applicant to indemnify, defend and hold harmless the City and its officials, officers, agents and employees for any claims, causes of action or damages/cost arising from the City's temporary deferral of the deferred fees. A fee deferral agreement is specific to an approved development project and is nontransferable to another applicant or another approved development project.
means the Public Facilities Fee Program Administrative Guidelines created by the Engineering Division of the City Community Development Department, as amended from time to time.
means a development project in which at least 51% of the occupiable square footage is used for nonresidential purposes including, without limitation, commercial or industrial uses.
means the 24-month period from the date of issuance of the building permit in which any deferred fees may remain unpaid for any nonresidential development. The nonresidential maximum deferral period for any building permit may be extended at the discretion of the City Council prior to the expiration of the nonresidential maximum deferral period.
means an approved development project consisting of single-family or multifamily residential units built on vacant or underutilized parcels within existing urbanized areas (see map in the Guidelines).
means the maximum period in which any deferred fees may remain unpaid for any residential development, which shall be determined by the Community Development Director or designee and set forth in the fee deferral agreement; provided, however, that the residential maximum deferral period shall not exceed 12 months from the date of issuance of the building permit. The residential maximum deferral period for any building permit may be extended at the discretion of the City Council prior to the expiration of the residential maximum deferral period.
(Prior code § 6B-040; Ord. 1690 § 2, 2022)
A.
Residential Infill Development.
1.
An applicant must enter into a fee deferral agreement to qualify for a deferral of development impact fees for a residential infill development. The fee deferral agreement shall explicitly provide for the recordation of a lien against the real property on which the approved development project is to be located, which shall be removed upon payment in full of all deferred fees.
2.
Deferred fees for a single-family infill residential development shall be due and payable in full for each individual lot within the approved development project upon the earlier of: (a) a request for final inspection under a building permit; or (b) the close of the residential maximum deferral period for the applicable building permit.
3.
Deferred fees for a multifamily infill residential development shall be due and payable in full for each building within the approved development project upon the earlier of: (a) request for final inspection under a building permit; or (b) the close of the residential maximum deferral period for the applicable building permit.
B.
Nonresidential Development.
1.
A nonresidential project fee deferral is only available for projects whose total impact fee requirement does not exceed $2,000,000.00.
2.
An applicant must enter into a fee deferral agreement to qualify for a deferral of development impact fees for a nonresidential development. The fee deferral agreement shall explicitly provide for the recordation of a security instrument, to be mutually agreed upon by the applicant and the City, against the real property on which the approved development project is to be located, which shall be removed upon payment in full of all deferred fees.
3.
Deferred fees for nonresidential developments shall be due and payable in full upon the earliest of: (a) the date set forth in the fee deferral agreement entered into for the subject property; (b) a request for final inspection under a building permit and/or a certificate of occupancy; or (c) the close of the nonresidential maximum deferral period for the applicable building permit.
(Prior code § 6B-050; Ord. 1690 § 2, 2022)
A.
No project shall be eligible for execution of a fee deferral agreement unless all of the following conditions are met:
1.
The project shall be located on property within the City of Woodland.
2.
The project shall have received the final discretionary approval by the City Council, Planning Commission, or staff as deemed appropriate.
3.
The project shall have undergone all required environmental review and shall be in compliance with all requirements established by the environmental document prepared for the project.
4.
All conditions of approval, as applicable at the time of permit issuance, shall have been met.
5.
All payments of taxes and assessments on the property on which the project is located shall be current.
6.
The applicant shall have no unpaid balances due to the City for the project or any other project or purpose.
7.
The applicant and/or his, her, or its partners and affiliates on the project shall have been deemed by the City to present a low risk of non-payment of fees, if the City opts to conduct a risk assessment, which may include meeting the following criteria and any others the City deems necessary:
a.
The applicant and/or his, her, or its partners and affiliates on the project have not had a foreclosure on any of its or their properties in the last four years.
b.
The applicant and/or his, her, or its partners and affiliates on the project, and any companies in which any such person has held a controlling interest, have not filed for bankruptcy within the past four years.
c.
The applicant and/or his, her, or its partners and affiliates on the project have no outstanding civil judgments.
8.
All fees imposed by a government agency other than the City either shall have been paid or shall have been the subject of a fee deferral agreement between the applicant and the agency imposing the fees.
B.
The fee deferral agreement shall be approved and executed by the City Manager or designee. All such approvals shall be based on the criteria in subsection A of this section, and may be withheld if the approval criteria are not met, or if the approval criteria are met and if the approving person or body finds that it is not in the City's interest to approve a fee deferral agreement.
C.
Upon execution of a fee deferral agreement, the City shall record the fee deferral agreement and any related security documents, if applicable, against the real property subject to the fee deferral agreement in the amount of the deferred fees. Upon payment in full of the deferred fees, the City shall remove the lien from the subject property.
(Prior code § 6B-060; Ord. 1690 § 2, 2022)
An application for deferral of development impact fees may be submitted concurrently with or in advance of any application for building permits for the approved development project. Notwithstanding any other provision of this code, in no event shall a building permit be issued until either of the following occurs:
(Prior code § 6B-070; Ord. 1690 § 2, 2022)
An estimate of the amount of the deferred fees shall be calculated at the time of building permit issuance and shall be attached to the recorded docs (lien, etc.). The actual fee amount shall be calculated and paid at the time of payment which shall occur no later than the date set forth in the fee deferral agreement.
(Prior code § 6B-090; Ord. 1690 § 2, 2022)
The City Council may, by resolution, establish a processing and administration fee to cover the reasonable costs of administering the fee deferral program established by this chapter. This processing and administration fee shall be placed in the general fund and shall provide a revenue source to cover the costs of preparing the fee deferral agreement and tracking the deferred fees.
(Prior code § 6B-100; Ord. 1690 § 2, 2022)