A. 
The purpose of this chapter is to implement the goals and objectives of the capital improvement program for public facilities of the city of Buena Park, and specifically to mitigate the impacts of new development on the city's water facilities, sewer collection and treatment facilities, transportation facilities, and park and recreation facilities recognizing that development will require corresponding new or expanded public facilities for adequate service. The public facilities to be funded by each fee levied by this chapter are specifically identified in the city's capital improvement program for the associated public facility as adopted by the city council and as amended from time to time. The city council has determined that the development impact fees established by this chapter are needed to finance these public facilities and improvements and to allocate a fair share of the cost of these public facilities and improvements to the development necessitating them.
B. 
In establishing the fees described in this chapter, the city council has found the fees to be consistent with the General Plan for the city of Beuna Park and, pursuant to Government Code Section 65913.2 has considered the effects of the fee with respect to the city's housing needs as established in the Housing Element of the General Plan.
(Ord. 1747, 1/28/2025)
For the purpose of this chapter, the following words and phrases are defined and shall have the meaning given in this section:
"City"
means the city of Buena Park.
"City council"
means the city council for the city.
"Cost of improvements"
means all costs related to acquisition, construction, repair and financing, but does not include costs of routine maintenance.
"Development"
means any new residential or nonresidential project undertaken for the purpose of development. "Development" includes a project involving the issuance of a permit for construction or reconstruction, but does not include a permit to operate or any development that is specifically excluded by this chapter or by the applicable fee resolution.
"Director"
means the director of community development for the city.
"Fee resolution"
means the resolution adopted by the city council establishing the amount of a fee.
"Nonresidential"
includes office, retail, commercial, industrial, or any other use of developed land that is not residential.
"Park and recreation facilities"
means the acquisition of real property for park and recreation facilities, and capital improvements and equipment for park and recreation facilities.
"Sewage collection and treatment facilities"
means capital improvements related to the collection, treatment and disposal of sewage, including, but not limited to, collection systems and sewage treatment plant facilities.
"Transportation facilities"
means capital improvements related to streets, roads, public rights-of-way, and other transportation infrastructure and equipment.
"Water facilities"
means capital improvements related to the distribution, treatment and storage of potable water for public health and safety.
(Ord. 1747, 1/28/2025)
The development impact fees outlined in this section are established for development within the city.
A. 
Water Facilities Impact Fee. A water system impact fee is established for development within the city to pay for the water facilities improvement and expansion as shown in the city's adopted capital improvement program for said facilities.
B. 
Sewer Collection and Treatment Facilities Impact Fee. A sewage collection and treatment facilities impact fee is established for development within the city to pay for the sewage collection and treatment facilities improvements and expansion as shown in the city's adopted capital improvement program for said facilities.
C. 
Transportation Facilities Impact Fee. A transportation facilities impact fee is established for nonresidential development within the city to pay for the transportation facilities improvements and expansion as shown in the city's adopted capital improvement program for said facilities.
D. 
Parks and Recreation Facilities Impact Fee. A parks and recreation impact fee is established for residential development within the city to pay for parkland acquisition the parks and recreational facility improvements and expansion as shown in the adopted capital improvement program for said facilities. A residential development that is subject to and complies with the requirements Section 18.64.080 (Park and recreation facilities dedication — Use of land and fees) of this code shall be exempt from this impact fee.
(Ord. 1747, 1/28/2025)
A. 
Fee Resolution. For each development impact fee established by this chapter, the city council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment.
B. 
Annual Review of Impact Fees. On an annual basis, the city council shall review each development impact fee in this chapter to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.
C. 
Determining Assessable Space. Development impact fees for residential development shall be based upon the square footage of dwelling units constructed, and development impact fees for nonresidential development shall be based upon the square footage of buildings. The development land use type will be determined with reference to the land uses in the Land Use Element of the city of Buena Park General Plan, and if a land use is not listed the Director shall determine the fee based on an analysis of the impacts of the proposed use on public facilities in relation to other uses listed in the Land Use Element.
D. 
Authority. The director, or if appealed the city council, shall interpret and calculate the total amount of fees owned in connection with any development.
(Ord. 1747, 1/28/2025)
A. 
The revenues generated by the fees established by this chapter shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely as follows:
1. 
Pay for the city's future facilities described in the applicable fee resolution, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or
2. 
Reimburse developers who have been required or permitted by this chapter to install such listed facilities which are oversized with supplemental size, length or capacity.
(Ord. 1747, 1/28/2025)
A. 
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a fee resolution adopted pursuant to this chapter which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter and applicable fee resolution on the development project, shall be offered to the developer.
B. 
The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.
(Ord. 1747, 1/28/2025)
A. 
A developer of any new development subject to any fee described in this chapter may apply to the city council for an adjustment to that fee, or a waiver of that fee, based upon evidence that there is not a reasonable relationship, proportionality or nexus between the facilities and/or impacts of that development and the amount of the fee charged.
B. 
A separate application shall be filed for each adjustment or waiver request made pursuant to this section. Such application shall be made on a form provided by the city clerk and shall be filed with the city clerk not later than:
1. 
30 days prior to the first public hearing on a discretionary permit application for the development project; or
2. 
If no discretionary permit application is required, within 30 days of filing for a building permit. A building permit for any phase of construction (including grading, demolition, or new construction) shall not be issued until a determination of the base fees is final.
C. 
The application shall state in detail the factual basis for the adjustment or waiver. The burden of proof shall be on the applicant to establish that the development is not subject to the imposition of the development impact fee(s) pursuant to the applicable development impact fee ordinance or applicable law.
D. 
The city council shall consider the application at the public hearing on the development permit application, if applicable, or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final.
E. 
If an adjustment or waiver is granted by the city council, any change in use within the project shall invalidate the waiver or adjustment of the fee.
F. 
The fee for a request for adjustment or waiver of a development impact fee shall be equal to 75% of the discretionary permit application fee(s) or, if no discretionary permit application is required, shall be equal to 75% of the building permit fee.
(Ord. 1747, 1/28/2025)