For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings respectively ascribed
to them by this section:
“Dedications”
means a dedication of land for parks and recreation or other
public facilities.
“Development project”
means and includes a project involving the issuance of a
permit for construction or reconstruction, remodeling, or any work
requiring any permit under the ordinances of the City, as the same
presently exist or may be amended from time to time hereafter. The
term “development project” shall also include permits
for erection of manufactured housing or structures, and structures
moved into the City.
“Fee”
means a monetary exaction, other than a tax or special assessment,
which is charged by the City to an applicant in connection with approval
of a development project for the purpose of defraying all or a portion
of the cost of public facilities related to the development project,
and includes fees specified in Section 66477 of the California Government
Code (in lieu of land dedication for parks), but does not include
fees for processing applications for governmental regulatory actions
or approvals.
“General facilities”
means general office or work buildings and equipment used
by City staff to undertake their daily duties.
“Public use facilities”
includes public improvements, public services, and community
amenities, including library facilities, public meeting facilities
and aquatic center facilities.
(Prior code § 155.10)
Each fee imposed by this chapter shall be adjusted automatically
on July 1st of each fiscal year, beginning on July 1, 2003, by a percentage
equal to the Engineering Cost Index as published by Engineering News
Record for the preceding 12 months. This automatic adjustment shall
not apply to fees, which are based on variable factors, which result
in automatic adjustments or those which specifically indicate otherwise.
(Prior code § 155.20)
Each fee collected pursuant to this chapter shall be deposited
in a special fund created to hold the revenue generated by each such
fee. Moneys within each such fund may be expended only by appropriation
by the City Council for specific projects, which are of the same category
as that for which the money was collected. In this regard, the following
special funds are created and established for the purposes indicated:
A. A
law enforcement facilities, vehicles and equipment fund is established.
Said fund is for payment of the actual or estimated costs of constructing
and improving law enforcement facilities and purchasing and improving
law enforcement equipment and training, including any required acquisition
of land.
B. A
fire suppression facilities and response vehicles fund is established.
Said fund is for payment of the actual or estimated costs of constructing
and improving fire facilities and purchasing and improving fire fighting
equipment and training, including any required acquisition of land.
C. A
streets, bridges and traffic signals fund is established. Said fund
is for payment of the actual or estimated costs of constructing and
improving streets, traffic signals and bridges, including any required
acquisition of land.
D. A
storm drainage facilities fund is established. Said fund is for payment
of the actual or estimated costs of constructing and improving storm
drainage, including any required acquisition of land.
E. A
general facilities, vehicles and equipment fund is established. Said
fund is for payment of actual or estimated costs of constructing and
improving general facilities, vehicles and equipment, including any
required acquisition of land.
F. A
community (public use) center facilities fund is established. Said
fund is for payment of actual or estimated costs of constructing and
improving library facilities, public meeting facilities and aquatic
facilities, including any required acquisition of land.
G. An
aquatic center facilities fund is established. Said fund is for payment
of actual or estimated costs for construction of additional aquatic
centers that will benefit Desert Hot Springs residents and shall not
be spent in rehabilitation of the existing aquatic center.
H. A
park acquisition and development fund is established. Said fund is
for payment of actual or estimated costs of constructing and improving
recreation facilities, and the required acquisition of land, as well
as grading, irrigation and turfing costs associated therewith.
(Prior code § 155.30)
The approved zoning for the property to be developed shall be
used in the computation of the fees required to be paid with respect
to any property. If a parcel contains more than 1 zone, then the applicable
fees shall be prorated by acreage or units, as appropriate, attributable
to each zone. Public properties shall be classified into the category
of use as between residential, commercial, or industrial, and shall
pay fees pursuant to that classification, as determined by the Community
Development Director or his/her duly authorized designee. All fees
due hereunder shall be calculated and determined by the City Engineer
or his/her duly authorized designee.
(Prior code § 155.40)
Any claim of exemption with respect to any 1 or more of the fees referenced in Section
17.144.010 must be made no later than the time of application for a building permit. The following shall be exempted from payment of the development impact fees referenced in Section
17.144.010:
A. Alterations,
renovations, or expansion of an existing building or structure where
no additional dwelling units are created and the use is not changed;
provided, however, that expansion of an existing commercial or industrial
building or structure shall not be exempt from the fee for streets
or thoroughfares; and
B. The
replacement of a destroyed or partially destroyed or damaged building
or structure with a new building or structure of the same size and
use, unless otherwise agreed to by the developer in a development
agreement or other legally binding agreement.
(Prior code § 155.90)
A. In-Lieu
Fee Credits for Construction of Improvements.
1. A developer that has been required by the City to construct any facilities or improvements (or a portion thereof) described in Section
17.144.010 as
a condition of approval of a Development Permit may request an in-lieu credit of the specific development impact fee(s) involved for the same development. Upon request, an in-lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development.
2. Only costs proportional to the amount of the improvement or facility
that mitigates the need therefor attributable to and reasonably related
to the given development shall be eligible for in-lieu credit, and
then only against the specific relevant fee(s) involved to which the
facility or improvement relates.
3. Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to said fees, as demonstrated by the applicant and reviewed and approved by the City Engineer, all consistent with the provisions of subsections
(A)(1) and
(2) of this section. Subject to the applicable provisions of subsection
B of this section, if the cost of the facilities or improvements is greater than required relevant fees, this chapter does not create an obligation on the City to pay the applicant the excess amount.
4. An amount of in-lieu credit that is greater than the specific fee(s)
required under this chapter may be reserved and credited toward the
fee of any subsequent phases of the same development, if determined
appropriate by the City Engineer. The City Engineer may set a time
limit for reservation of the credit.
5. Credits shall be calculated by the City Engineer in accordance with
the Development Impact Fee Schedule.
B. Developer
Construction of Facilities Exceeding Needs Related to Development
Project. Whenever an applicant is required, as a condition of approval
of a Development Permit, to construct any facility or improvement
(or a portion thereof) described in the Development Impact Fee Schedule
which facility or improvement is determined by the City to exceed
the need therefor attributable to and reasonably related to the given
development project, a reimbursement agreement with the applicant
and a credit against the specific relevant fee which would otherwise
be charged pursuant to this chapter on the development project, shall
be offered. The credit shall be applied with respect to that portion
of the improvement or facility which is attributable to and reasonably
related to the need therefor caused by the development, and shall
be determined, administered and processed in accordance with and subject
to the provisions of this section. The amount to be reimbursed shall
be that portion of the cost of the improvement or facility which exceeds
the need therefor attributable to and reasonably related to the given
development. The reimbursement agreement shall contain terms and conditions
mutually agreeable to the developer and the City, and shall be approved
by the City Council.
C. Site-Related
Improvements. Credit shall not be given for site-related improvements,
including, but not limited to, traffic signals, right-of-way dedications,
or providing paved access to the property, which are specifically
required by the project in order to serve it and do not constitute
facilities or improvements specified in the Development Impact Fee
Schedule.
D. Determination
of Credit. The developer seeking credit and/or reimbursement for construction
of improvements or facilities, or dedication of land or rights-of-way,
shall submit such documentation, including without limitation, engineering
drawings, specifications, and construction cost estimates, and utilize
such methods as may be appropriate and acceptable to the City Engineer
to support the request for credit or reimbursement. The City Engineer
shall determine credit for construction of improvements or facilities
based upon either these cost estimates or upon alternative engineering
criteria and construction cost estimates if he or she determines that
such estimates submitted by the developer are either unreliable or
inaccurate. The City Engineer shall determine whether facilities or
improvements are eligible for credit or reimbursement.
E. Time
for Making Claim for Credit. Any claim for credit must be made no
later than the application for a building permit. Any claim not so
made shall be deemed waived.
F. Transferability
of Credit—Council Approval. Credits shall not be transferable
from 1 project or development to another without the approval of the
City Council.
G. Appeal of Determinations of City Engineer. Determinations made by the City Engineer pursuant to the provisions of this section may be appealed by filing a written request with the City Clerk, together with a fee established by resolution of the City Council, within 10 calendar days of the determination of the City Engineer. The appeal shall be conducted in accordance with the applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
(Prior code § 155.110; Ord. 695 10-15-19)
The provisions of this chapter and any resolution adopted pursuant hereto, shall at all times be subject and subordinate to the provisions of Chapter
5 (commencing with Section 66000), Division 1, of Title 7 of the California
Government Code, as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of conflict between the provisions of this chapter and said State law, the latter shall control.
(Prior code § 155.130)
The provisions of this chapter and any resolution adopted pursuant
hereto, shall supersede any previous ordinance or resolution to the
extent the same is in conflict herewith.
(Prior code § 155.140)