The city council finds and declares as follows:
A. 
The cost of providing public facilities occasioned by development projects within the city far exceeds the revenue generated by fees exacted from the development projects.
B. 
The city hereby adopts the report from Kadie-Jensen, Johnson & Bodnar, dated October, 1990, entitled “Development Impact Fee Study for the City of Yucaipa,” which establishes the costs for providing public facilities occasioned by development projects within the city.
C. 
The development impact fees authorized by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally, by new development within the city.
D. 
The fees authorized by this chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the city.
E. 
The fees authorized by this chapter relate rationally to the reasonable cost of providing public facilities occasioned by development projects within the city, which capital facilities and development projects are expected to be consistent with the future general plan and the housing element of the general plan of the city.
F. 
There is little probability that the capital facilities and development projects to which the fees authorized by this chapter relate will be ultimately inconsistent with the future general plan of the city, and the facilities and anticipated development are based upon an analysis of existing land use and zoning.
G. 
The fees authorized by this chapter are consistent with what is anticipated to be the goals and objectives of the city’s general plan and are designed to mitigate the impacts caused by new development throughout the city. A development impact fee is necessary in order to finance these public improvements and to pay for the development’s fair share of the construction costs of these improvements.
H. 
Imposition of fees to finance public facilities and services improvements, including fire services and facilities for the city, is necessary in order to protect the public safety and welfare.
I. 
The city has pending before it subdivision maps and other applications for residential, commercial and industrial development approval which the city must act upon.
It is necessary for the provisions of this chapter to apply to those developments in order to protect the public health, safety and welfare by the provision of adequate public facilities, to afford developers certainty with regard to their financial obligations, and to ensure that the new development will not create a burden on the interrelated public facilities and services networks of the city.
(Ord. 50 § 1, 1990)
For purposes of this chapter, the following terms, phrases, words and their derivation shall have the meanings respectively ascribed to them by this section:
“Development project”
means any project undertaken for the purpose of development. Development project shall include 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, including the provisions of Title 8 of the San Bernardino Development Code as it may have been adopted and amended from time to time by the city.
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 the 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, but does not include fees specified in Section 66477 of the Government Code, nor fees for processing applications for regulatory actions of approvals, nor fees collected under development agreements.
“Public facilities”
includes public improvements, public services and community amenities.
“Small dwelling unit”
means any attached residential dwelling unit, Accessory Dwelling Unit pursuant to Section 84.0570, or multifamily dwelling unit with fewer than three bedrooms. Each loft, study, home office space, and similar bedroom-sized rooms shall be counted as bedrooms.
(Ord. 50 § 2, 1990; Ord. 369 § 1, 2017)
A development impact fee is authorized on the issuance of all building permits for development within the city to finance the cost of public facilities and improvements required by new development.
The city council shall, by council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact 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 the time for payment.
On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of development and whether the described public facilities are still needed.
(Ord. 50 § 3, 1990)
Each fee authorized by this chapter shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 1991, by a percentage equal to the McGraw-Hill Construction Index for Southern California for the preceding twelve (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.
(Ord. 50 § 4, 1990)
The amount of each fee authorized pursuant to this chapter may be more specifically set and revised periodically by resolution of the city council, with this chapter being considered as enabling and directive.
(Ord. 50 § 5, 1990)
Each fee collected pursuant to this chapter shall be deposited in a special account created to hold the revenue generated by each such fee. Moneys within each such account 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.
(Ord. 50 § 6, 1990)
The approved zoning for the property to be developed shall be used in the computation of the fees required to be paid by any property. If a parcel contains more than one zone, then the applicable fees shall be prorated by acreage attributable to each zone. Public properties shall be classified into the category of use as between residential, commercial or industrial, and shall pay the fee pursuant to that classification, as determined by the director of planning services.
(Ord. 50 § 7, 1990)
The dwelling unit size for the development shall be used in the computation of the fees required to be paid by any property. Small dwelling units shall pay a fee to finance public facilities and services improvements based on a reasonable relationship between the impacts of that development pursuant to dwelling unit size, as determined by the city.
(Ord. 369 § 2, 2017)
The fees authorized pursuant to this chapter may be paid on the date of issuance of the building permit for the property on which the development project is proposed and shall become due and payable on the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs first. If any fee authorized pursuant to this chapter is not fully paid on the date of issuance of the building permit, the developer subject to the fee, as a condition of issuance of the building permit, shall execute a deferral agreement to pay the fee, or applicable portion thereof, at the time the fee becomes due and payable. The fee secured by the deferral agreement shall be calculated on the basis of the fee in effect at the time the fee becomes due and payable. The deferral agreement shall contain the legal description of the property on which a development project is proposed, shall be recorded in the office of the county of San Bernardino auditor/controller recorder and, from the date of recordation, shall constitute a lien for payment of the fees. Furthermore, the fees created pursuant to this chapter shall be calculated on the basis of net acreage. For development projects containing less than one net acre, the fee shall be calculated on the fraction of an acre involved in the development project.
(Ord. 50 § 8, 1990; Ord. 279 § 2, 2008)
The city council shall, by council resolution, set forth any exemptions to the development impact fee. These exemptions may be reviewed from time to time and may be revised periodically by resolution of the city council, with this chapter being considered as enabling and directive.
(Ord. 50 § 9, 1990)
A. 
A developer of any project subject to a fee established pursuant to this subchapter may apply to the director of public works for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, based upon the absence of an "essential nexus" between the fees and the city's land-use interests or the absence of "rough proportionality" between the impacts of the project and the amount of the fee charged or the type of public infrastructure to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the developer deems appropriate in support of the application.
B. 
The application shall be made in writing and filed with the director at or before the time required for the filing of protests under Government Code Sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of fees under this subchapter shall be the date of the earliest discretionary approval by the city of the subject development project. In the case of a development project where no discretionary approval is granted by the city, the date of the imposition of the fees under this subchapter shall be the date of the earliest ministerial approval by the city of the subject development project. The application shall be accompanied by the payment of a filing fee in an amount established by the City Council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of development impact fees to be due or owing from the applicant, as the case may be.
C. 
Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the developer shall pay the development impact fees originally determined by the city in a timely manner. Such payment shall be deemed to be a payment under protest pursuant to Government Code Sections 66020 and 66021.
D. 
An application for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, shall be reviewed by the director of public works. The director of public works shall approve a fee adjustment application only if he or she determines that there is the absence of an "essential nexus" between the fees and the city's land-use interests or the absence of "rough proportionality" between the impacts of the project and the amount of the fee charged or the type of public infrastructure to be financed, or both. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a fee adjustment application. The decision of the director of public works shall be final unless appealed in the manner and within the time limits established by subsection F.
E. 
The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the city council shall be made under Code of Civil Procedure Section 1094.5 and shall be filed by or before: (1) 90 days following the date of which such decision is mailed to the applicant; or (2) the expiration of the limitation period set forth in subsection (d) of Government Code Section 66020, whichever occurs later.
F. 
Any person aggrieved by determination of the director of public works under this subchapter may appeal to the city council as provided in Section 1.04.130 of this code.
G. 
When a project application is filed, a developer of any project subject to a fee established pursuant to this chapter may apply to the director of public works for a project-specific determination of such fees. As part of the application, the developer shall: (1) agree to be bound by the results of the project-specific determination, notwithstanding that such determination may result in an increase in some or all of the fees due under this chapter; and (2) agree to pay the actual costs of such project-specific determination.
(Ord. 447 § 1, 2024; Ord. 50 § 10, 1990)
Whenever a developer is or has been required, as a condition of approval of a development permit, to construct a public facility which is the subject of this chapter, and which facility is determined by the city to have supplemental size, length or capacity over that needed for the impact 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 on the development project, shall be offered. 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. The specific procedures for reimbursements and credits shall be adopted by resolution of the city council, with this chapter being considered as enabling and directive.
(Ord. 50 § 11, 1990)