Chapter 16.23 — DEVELOPMENT IMPACT FEES

The City Council finds as follows:

(A) The provision of new and expanded facilities and infrastructure is necessary to protect and promote the health, safety, and welfare of all the citizens of Corona by reducing the adverse effects of urbanization and development.

(B) It is necessary to enact and implement certain development fees to assure that all development within the city pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development.

(C) A proper funding source for the costs associated with new development is a specific development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.

(D) The development impact report and the addendum thereto justify the imposition of each development fee on new construction by analyzing the Master Facility Plan, as defined herein, assigning the costs on a fair-share basis to the various types of development, and assigning the resulting fee per dwelling unit and/or commercial/industrial square footage, based on the anticipated burden of such new dwelling unit and/or commercial/industrial area on city facilities and infrastructure and the need created by such dwelling unit and/or commercial/industrial area for new and expanded facilities and infrastructure.

(E) The city anticipates that much of the funding for facilities and infrastructure attributable to commercial and industrial development will be provided through mechanisms such as property tax, sales tax, Measure A funds, community development block grants, gas tax, redevelopment tax increment, intergovernmental revenues, grants, planned local drainage fund, and conditions of entitlement approval. Nevertheless, the development impact report identifies that commercial and industrial development do generate a portion of the need for certain facilities and infrastructure.

(F) The primary purpose of the fees is to mitigate the impact on city facilities and infrastructure caused by increased demand for facilities and infrastructure from persons generated by new development.

(G) The fees will be used to finance public facilities and infrastructure, specifically streets, roadways and traffic signals, drainage facilities and infrastructure, law enforcement and fire protection facilities, library facilities, public meeting facilities, aquatic center facilities, and park and recreation facilities.

(H) The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts of residential development and other development, on the city as more fully described in the development impact report and the addendum thereto.

(I) The need for development fees to fund such public facilities is reasonably related to impacts on the city of residential development and other development as more fully described in the development impact report and the addendum thereto.

(J) To assure fair and legally sound implementation of the development fees established in this chapter, such fees shall be reviewed annually and shall be set by non-codified ordinance following notice and hearing.

(K) To assure fair implementation of the development fees established in this chapter, the city must have the latitude to phase the imposition of certain fees.

(L) To assure fair implementation of the development fees established in this chapter, the city must have the latitude to defer or waive such fees in special cases, after notice and hearing, where better or more fair financing arrangements would result from such deferral, or where imposition of such fees would cause inequities.

(M) To assure fair implementation of the development fees established by this chapter, provisions must be made for extending such fees to subsequently annexed land that benefits from the public facilities funded by these fees.

(N) The provisions of this chapter are in addition to all other provisions of the Corona Municipal Code and all new residential and other development, as defined in this chapter, and shall be subject to the provisions of this chapter and to all other provisions of the Corona Municipal Code.

(O) Notice of the public meeting adopting this chapter has been given in compliance with Cal. Government Code §§ 65091, 66484, and 66016 through 60018.

(Ord. 2552 § 3, 2001.)

(A) The City Council declares the purpose of this chapter is to provide for the means to finance adequate infrastructure and other public improvements and facilities made necessary by the impacts created by new development in the City of Corona in order to promote the health, safety, and welfare of the citizens of Corona. This chapter shall apply solely to construction of new dwelling units, or commercial or industrial square footage within the city that are not otherwise subject to the payment of fees imposed on a specific infrastructure category pursuant to Chapter 16.25 of the Corona Municipal Code, South Corona Development Fees and Credits.

(B) The following are specifically exempt from the provisions of this chapter:

(1) Projects for which a final map, as described in Chapter 16.16 of the Corona Municipal Code, has been duly approved by the City Council and recorded as of the effective date, provided the project is built in conformance with the final map and provided the project has paid all applicable development impact fees previously imposed.

(2) Secondary residential units, as defined herein, constructed on developed residential property meeting all state and city requirements for such units.

(3) Additions or improvements to dwelling units after construction is complete, unless such additions or improvements (a) increase the number of dwelling units on the property, as defined herein, and (b) are not secondary residential units, as defined herein.

(4) Government/public buildings, public schools, or other public facilities.

(5) The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit.

(6) The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage of the structure. Any increase in square footage of the structure shall pay the current applicable development impact fees for such increase.

(7) Development projects that are the subject of a Development Agreement entered into pursuant to Government Code Section 65864 et seq ., prior to the initial effective date of this chapter, wherein the imposition of new fees is expressly prohibited; provided, however, that if the term of such Development Agreement is extended after the initial effective date of this chapter, the development impact fees shall be imposed.

(8) Development projects with an approved tentative subdivision map(s) or recorded lots that are vested pursuant to California Government Code Sections 66498.1 through 66498.9 or other applicable law vesting the development project and affecting the collection of development impact fees.

(9) Guest dwellings, accessory living quarters, or guesthouses, as defined in Title 17 of the Corona Municipal Code.

(10) The sanctuary portion of a church building or other house of worship that is eligible for a property tax exemption.

(11) The moving of a historic residential structure from a lot in the city onto another lot in the city. For purposes of this subsection a “ historic residential structure ” shall be defined as a residential structure located in the city of

Corona that is listed on the National Register of Historic Places, the California Register of Historic Resources, the Corona Heritage Inventory List or the Corona Register.

(Ord. 2727 § 3, 2004: Ord. 2630 § 4, 2003: Ord. 2552 § 3, 2001.)

(A) " Affected territory " means the corporate boundaries of the City of Corona as these may be amended from time to time.

(B) " Commercial/retail/office or industrial/manufacturing development project " means the construction of new or additional gross square footage of building area for commercial, retail office, industrial or manufacturing

purposes.

(C) " Development impact report " is the "Development Impact Fee Calculation and Nexus Report" together with the addenda thereto and any subsequent modifications and/or updates including, but not limited to, the January 2003 amendments to Chapter 5. The original version of the document, dated July 31, 2000, was prepared by Revenue & Cost Specialists, and summarizes the needed facilities mentioned herein, their estimated costs and sets forth the required nexus findings.

(D) " Dwelling unit " means a building or portion thereof designed exclusively for residential occupancy by one family for living and sleeping purposes, including single-family dwellings, multiple-family dwellings, and manufactured housing.

(E) " Effective date " means the date that the fees in this chapter are eligible for collection, that date being 60 days after the adoption of this chapter.

(F) The " Master Facility Plan " together with and subsequent modifications and/or updates including, but not limited to, the January 2003 amendments to the Streets, Bridges, Roadways and Traffic Signal chapter. The original version of the document was prepared by Revenue & Cost Specialists and describes each of the facilities mentioned herein and their estimated costs.

(G) " Residential development project " means construction of one or more dwelling units.

(H) " Secondary residential unit " means a second dwelling unit on the same lot as an existing primary residential unit, as described in Chapter 17.85 of the Corona Municipal Code.

(I) " South Corona " is that property defined in § 16.25.020A. of the Corona Municipal Code.

(J) " Temescal Canyon " is that property defined as the "affected territory" in § 16.31.020A. of the Corona Municipal Code.

(Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential property in the affected territory will create a need for increased police protection services. As a result, additional officers will be needed to maintain the current level of service. The new officers will require, among other things, expanded station facilities and additional patrol or unmarked vehicles and additional police equipment.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The provision of expanded station facilities and vehicles is identified in the Law Enforcement Facilities section of the Master Facility Plan and is necessary to provide adequate law enforcement services within the affected territory.

(D) The development impact fee report and the addendum thereto describe in detail the number of calls for service that an average single-family or multiple-family residence generates, the law enforcement facilities required to service new development, and estimates of the costs for station facilities and vehicles to provide those services.

(E) The entire affected territory will derive benefit from the station facilities and vehicles and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report and the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum, and based thereon finds that new development in the affected territory will create law enforcement needs that the construction and acquisition of the public improvements funded by this chapter will meet.

(G) The City Council also finds that the costs of the law enforcement facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto. (I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

elationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto. (I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The law enforcement facilities fees collected pursuant to this chapter shall be used only to finance the law enforcement facilities described or identified in the Law Enforcement Facilities section of the Master Facility Plan. (K) The City Council also finds that it is necessary to exempt the affected areas described in Chapter 16.31 of the Corona Municipal Code, establishing development impact fees for the Temescal Canyon Public Safety Facility, since those fees have been adopted for the purpose of funding police and fire facilities necessary to serve the Temescal Canyon area, a separate and geographically distinct area, and it would be unfair to require properties in the Temescal Canyon area to pay additional fees for law enforcement facilities. (Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential property in the city will create increased calls for fire protection services. As a result, new equipment and expansion of existing facilities to house additional fire fighters and equipment will be needed to maintain current levels of service.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The acquisition of new equipment and expansion of existing fire protection facilities are identified in the Fire Protection Facilities section of the Master Facility Plan and are necessary to provide adequate fire protection services within the city.

(D) The development impact fee report and the addendum thereto describe in detail the number of calls for service that an average single-family or multiple-family residence generates, the expanded fire protection facilities required to service new development, and estimates of the costs of those facilities.

(E) The entire affected territory will derive benefit from the new equipment and expanded fire station facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report and the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new development in the city will create fire protection needs that the construction and acquisition of the public improvements funded by this chapter will meet.

(G) The Council also finds that the costs of the equipment and expanded fire protection facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto.

(I) The Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The fire protection fees collected pursuant to this chapter shall be used only to finance the fire protection facilities described or identified in the Fire Protection Facilities section of the Master Facility Plan.

(K) The City Council also finds that it is necessary to exempt the affected areas described in Chapter 16.31 of the Corona Municipal Code establishing development impact fees for the Temescal Canyon Public Safety Facility, since those fees have been adopted for the purpose of funding police and fire facilities necessary to serve the Temescal Canyon area, a separate and geographically distinct area, and it would be unfair to require properties in the Temescal Canyon area to pay additional fees for fire protection facilities.

(Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential and other property in the affected territory will generate additional vehicle travel. As a result, the addition of traffic signals and related facilities will be needed to maintain the current level of service on existing roadways.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The provision of traffic signals and related facilities is identified in the Traffic Signals Facilities section of the Master Facility Plan and is necessary to provide adequate traffic flow within the city.

(D) The development impact fee report describes in detail the additional vehicle trips generated by an average single-family or multiple-family residence, the additional vehicle trips generated by commercial/industrial development, the traffic signals and related facilities required to service new development, and estimates of the costs for those facilities.

(E) The entire affected territory will derive benefit from the traffic signals and related facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report and the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new residential and other development in the affected territory will create traffic impacts which the installation of traffic signals and related facilities funded by this chapter will offset.

(G) The City Council also finds that the costs of the traffic signals and related facilities funded by this chapter are apportioned relative to the anticipated impacts created by residential and other development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and/or commercial/industrial square footage throughout the affected territory on the basis of benefits conferred on property proposed for residential and other development and the need for such facilities created by the proposed development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto.

(I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The traffic signals facilities fees collected pursuant to this chapter shall be used only to finance the traffic signals and related facilities described or identified in the Traffic Signals Facilities section of the Master Facility Plan. (Ord. 2630 § 4, 2003; Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential and other property in the affected territory will generate additional vehicle travel. This traffic will create a need for expansion of existing streets, bridges, and roads to accommodate increased traffic from new residential development and commercial/industrial development.

(B) Pursuant to Cal. Government Code § 66484 and the city's police powers, the city may require payment of fees under Cal. Government Code § 66484 only when the streets and roadways are in addition to, or a reconstruction of any existing streets and roadways serving the area at the time of the adoption of the boundaries of the area of benefit. In addition, it is hereby determined that:

(1) The construction or reconstruction of these streets, bridges, and roadways is in compliance with the circulation element of the city's general plan and is for the primary purpose of carrying through traffic and providing a network connection to the state highway system; and

(2) The Master Facility Plan establishes the boundaries of the area of benefit, costs and a fair method for the allocation of costs and fee apportionment; and

(3) The method of apportionment does not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided with direct usable access; and

(4) The apportioned fees are applicable to all property within the affected territory and shall be payable as a condition to the issuance of a building permit.

(C) The provision of expanded streets, bridges and roadways is identified in the Streets and Roadways section of the Master Facility Plan and is necessary to provide adequate streets and roadways services within the city.

(D) The general plan of the city includes and identifies in the circulation element and the transportation provision thereof, among other things, streets, bridges and roadways within the city with the primary purpose of carrying through traffic and providing a network connecting to the state highway system.

(E) The entire affected territory will derive benefit from the construction or reconstruction of streets, bridges, and roadways and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum, and based thereon

finds that new development in the affected territory will create streets and roadways needs that the construction and acquisition of the public improvements funded by this chapter will meet.

(G) The City Council also finds that the cost of the streets, bridges, and roadways funded by this chapter is apportioned relative to the anticipated contribution to traffic created by residential and other development in the affected territory, and that the fees are fairly apportioned on individual dwelling units and commercial/industrial space throughout the affected territory on the basis of benefits conferred on property to be developed and the need for such streets and roadways created by such development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto.

(I) The cost estimates set forth in the development impact fees report are reasonable cost estimates for constructing or reconstructing the streets and roadways proposed therein and the fees collected from residential and other development will not exceed the reasonably estimated total of these costs.

(J) The streets, bridges, and roadways fees collected pursuant to this chapter shall be used only to finance the streets and roadways described or identified in the Streets and Roadways section of the Master Facility Plan.

(K) Notice of the hearing at which this chapter has been adopted has been properly given as required by Cal. Government Code §§ 65091 and 66484 and written protests, if any, filed and not withdrawn at the time of adoption of this chapter reflect less than one-half the owners of land in the area of benefit. As such, the boundaries of the area of benefit, the costs and the method of allocation and fee apportionment are hereby established and shall, upon adoption, be transmitted to the Riverside County Recorder's Office via certified copy. (Ord. 2630 § 4, 2003; Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential and other property in the affected territory will create a need for the construction of park, recreation, and open space facilities to maintain the current level of service.

(B) Pursuant to Cal. Government Code §§ 66000 et seq ., and the city's police powers, the city may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of constructing planned park, recreation, and open space facilities.

(C) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(D) Parks, recreation, and open space facilities are essential to Corona to mitigate the negative effects of increasing urban development and to promote the health and welfare of the citizens.

(E) The provision of additional parks, recreation, and opera space is identified in the Parkland Acquisition and Development section of the Master Facility Plan and is necessary to provide adequate parks and recreation facilities within the city.

(F) The development impact fee report and addendum thereto describe in detail the current city standards for park, recreation, and open space facilities, the cost for park, recreation, and open space facilities construction, and the cost thereof per new single-family, multiple-family, mobile home park residential unit, and commercial/industrial square footage.

(G) The entire affected territory will derive benefit from the parks and recreation facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(H) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new development in the affected territory will create needs for park, recreation, and open space facilities that the construction and acquisition of the public improvements funded by this chapter will meet.

(I) The costs of the park, recreation, and open space facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and commercial/industrial square footage throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by such proposed development.

apter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and commercial/industrial square footage throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by such proposed development.

(J) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto.

(K) The cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(L) The park, recreation, and open space facilities fees collected pursuant to this chapter shall be used only to finance the park, recreation, and open space facilities described or identified in the Parkland Acquisition and Development Facilities section of the Master Facility Plan. (Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential property in the affected territory will create a need for increased library services. As a result, additions to the library collection will be needed to maintain the current level of service.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The provision of additions to the library collection is identified in the Library Facility and Collection section of the Master Facility Plan and is necessary to provide adequate library services within the city.

(D) The development impact fee report and the addendum thereto describe in detail the current city standard for number of library books per person, the number of persons an average single-family, multiple-family or mobile home park residence generates, the library collection required to service new development, and estimates of the costs of additions to the library collection to maintain the current level of service.

(E) The entire affected territory will derive benefit from the library collection and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new development in the affected territory will create needs for additions to the library collection that the acquisition of the public improvements funded by this chapter will meet.

(G) The City Council also finds that the costs of additions to the library collection funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is

a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto.

(I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The library collection fees collected pursuant to this chapter shall be used only to finance additions to the library collection described or identified in the Library Facility and Collection section of the Master Facility Plan. (Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential property in the affected territory will create a need for increased community (public use) meeting facilities. As a result, additional community (public use) meeting facilities will be needed to maintain the current level of service.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The provision of community (public use) meeting facilities is identified in the Community (Public Use) Meeting Facilities section of the Master Facility Plan and is necessary to provide adequate community (public use) meeting facilities within the city.

(D) The development impact fee report and the addendum thereto describe in detail the current city standard for number of community (public use) meeting facilities per person; the number of persons an average single-family, multiple-family or mobile home park residence generates, the community (public use) meeting facilities required to service new development, and estimates of the costs of community (public use) meeting facilities to maintain the current level of service.

(E) The entire affected territory will derive benefit from the community (public use) meeting facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new development in the affected territory will create needs for community (public use) meeting facilities that the acquisition of the public improvements funded by this chapter will meet.

(G) The City Council also finds that the costs of community (public use) meeting facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto.

(I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The community (public use) meeting facilities fees collected pursuant to this chapter shall be used only to finance additions to the community (public use) meeting facilities described or identified in the Community (Public Use) Meeting Facilities section of the Master Facility Plan.

(Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential property in the affected territory will create a need for increased aquatic center facilities. As a result, additional aquatic center facilities will be needed to maintain the current level of service.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The provision of aquatic center facilities is identified in the Aquatic Center Facilities section of the Master Facility Plan and is necessary to provide adequate aquatic center facilities within the city.

(D) The development impact fee report and the addendum thereto describe in detail the current city standard for aquatic center facilities per person, the number of persons an average single-family, multiple-family or mobile home park residence generates, the aquatic center facilities required to service new development, and estimates of the costs of aquatic center facilities to maintain the current level of service.

(E) The entire affected territory will derive benefit from the aquatic center facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new development in the affected territory will create needs for aquatic center facilities that the acquisition of the public improvements funded by this chapter will meet.

(G) The City Council also finds that the costs of aquatic center facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto.

(I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The aquatic center facilities fees collected pursuant to this chapter shall be used only to finance additions to the community's aquatic center facilities described or identified in the Aquatic Center Facilities section of the Master Facility Plan.

(Ord. 2552 § 3, 2001.)

The City Council finds as follows:

(A) The development of residential and other property in the affected territory will generate the need for additional storm drainage structures and improvements to handle urban runoff from surface and storm waters. As a result, the addition of storm drainage facilities will be needed to maintain the current level of service.

(B) Pursuant to Article 11, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The provision of storm drainage facilities is identified in the Storm Drainage Facilities section of the Master Facility Plan and is necessary to provide adequate storm drainage facilities within the city.

(D) The development impact fee report describes in detail the additional storm drainage facilities needed for the affected territory and estimates of the costs for those facilities.

(E) The entire affected territory will derive benefit from the storm drainage facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.

(F) After consideration of the development impact fee report and the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new residential and other development in the affected territory will create storm drainage impacts which the installation of storm drainage facilities funded by this chapter will offset.

(G) The City Council also finds that the costs of the storm drainage facilities funded by this chapter are apportioned relative to the anticipated impacts created by residential and other development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and/or commercial/industrial square footage, throughout the affected territory on the basis of benefits conferred on property proposed for residential and other development and the need for such facilities created by the proposed development.

(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto. (I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.

(J) The storm drainage facilities fees collected pursuant to this chapter shall be used only to finance the storm drainage facilities described or identified in the Storm Drainage Facilities section of the Master Facility Plan. (Ord. 2552 § 3, 2001.)

(A) Each owner of a lot or parcel of property within the affected territory, excluding owners of lots or property in the Temescal Canyon area, shall pay to the city prior to the issuance of a building permit for the construction of any residential and/or commercial/retail/office or industrial/manufacturing development project as defined herein, the following fees:

(1) The law enforcement facilities, vehicles, and equipment fee, as established by non-codified ordinance of the City Council, to fund the cost of additional building space, patrol or unmarked vehicles and other facilities and equipment described in the Master Facility Plan.

(2) The fire facilities, vehicles, and equipment fee, as established by non-codified ordinance of the City Council, to fund the cost to expand existing fire stations, personnel and equipment described in the Master Facility Plan.

(B) Each owner of a lot or parcel of property within the affected territory, excluding owners of lots or property in the South Corona area, shall pay to the city prior to the recordation of the final map for any lot with respect to the streets, bridges, and roadways fee and prior to the issuance of a building permit for the construction of any residential and/or commercial/retail/office or industrial/manufacturing development project as defined herein with respect to the traffic signal fee, the following fees:

(1) The streets, bridges, and roadways fee, as established by non-codified ordinance of the City Council to fund the cost of additional street, bridge, and roadway improvements described in the Master Facility Plan.

(2) The traffic signal fee, as established by non-codified ordinance of the City Council to fund the cost of traffic signals and related equipment and facilities described in the Master Facility Plan.

(C) Each owner of a lot or parcel of property within the affected territory shall pay to the city prior to the issuance of a building permit for the construction of any residential and/or commercial/retail/office or industrial/manufacturing

development project as defined herein with respect to the parkland acquisition and development fee, the library facility and collection fee, the community (public use) meeting facilities fee and the aquatic center facilities fee, and prior to the recordation of the final map for any lot with respect to the storm drainage facilities fee, the following fees:

(1) The parkland acquisition and development fee, as established by non-codified ordinance of the City Council to fund the cost of additional parks, recreation areas, open space, and related improvements described in the Master Facility Plan.

(2) The library facility and collection fee, as established by non-codified ordinance of the City Council, to fund the cost of library facilities, equipment, book and materials as described in the Master Facility Plan.

(3) The community (public use) meeting facilities fee, as established by non-codified ordinance of the City Council to fund the costs of additional community meeting facilities and related equipment as described in the Master Facility Plan.

(4) The aquatic center facilities fee, as established by non-codified ordinance of the City Council to fund additional aquatic facilities and equipment described in the Master Facility Plan.

(5) The storm drainage facilities fee, as established by non-codified ordinance of the City Council to fund additional storm drainage facilities described in the Master Facility Plan.

(D) The fees authorized by this section shall be cumulative such that each owner of a lot or property shall be charged each applicable fee. Moreover, the amount of each of these fees shall not exceed the fair share of the estimated cost of constructing and/or acquiring the corresponding facilities described in the development impact fee report. The amount of each fee shall be reviewed and revised annually by non-codified ordinance of the City Council.

(E) Notwithstanding divisions (A), (B) and (C) of this section, the streets, bridges, and roadways fee, traffic signal and the storm drainage fees shall be collected prior to the approval of a final subdivision map or parcel map for the applicable property, or as a condition to the issuance of a building permit, whichever occurs first, for any improvement on land for which no streets, bridges, and roadways fee and/or storm drainage fee has been paid.

(F) Notwithstanding any provision of this § 16.23.120 to the contrary, from March 7, 2008 through June 30, 2014, the timing for the payment of the fees described in this § 16.23.120 shall be as described in § 16.04.050 of this code. (Ord. 3112 § 5, 2012; Ord. 3080 § 4, 2011; Ord. 2990 § 4, 2009;Ord. 2924 § 4, 2008; Ord. 2552 § 3, 2001.)

(A) Each of the fees paid pursuant to this section shall be placed in a separate fund, each of which may be further segregated by specific projects. These funds shall be known, respectively, as:

• (1) The Law Enforcement Development Fee Fund;

• (2) The Fire Protection Development Fee Fund;

• (3) The Traffic Signals Development Fee Fund;

• (4) The Streets, Bridges, and Roadways Development Fee Fund;

• (5) The Parkland Acquisition Development Fee Fund;

• (6) The Library Collection and Materials Development Fee Fund;

• (7) The Community Meeting Development Fee Fund;

• (8) The Aquatic Center Development Fee Fund;

• (9) The Storm Drainage Development Fee Fund.

(B) These funds, and interest earned thereon, shall be expended solely for construction and/or acquisition of the corresponding public facilities as shown in the Master Facility Plan, or for reimbursement for construction and/or acquisition of those public facilities.

• (Ord. 2552 § 3, 2001.)

(A) The owner of a parcel of property otherwise required to pay a fee under § 16.23.120 shall receive a credit for the corresponding development fee when that owner constructs or donates a facility, or a portion thereof, identified in the Master

Facility Plan, regardless of how it may be financed, that serves the owner's parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant to this chapter. The facility must be built in compliance with all applicable laws governing the construction of public improvements.

(B) The amount of the development fee credit shall equal the city's most recent estimated cost of constructing and/or furnishing the facility, or the portion of the facility actually completed or purchased, by contract or utilizing city forces.

(C) The owner of a parcel of property may be further entitled to a development fee credit where the city determines, on a case-by-case basis, that the construction of the facility, or a portion thereof, will be necessary to provide basic services to the entire city even though it does not directly serve the owner's project or is of greater capacity than that required to serve the owner's project adequately.

(D) The amount of the development fee credit shall be determined after inspection and acceptance of the facility at the time of payment of the corresponding facilities fee.

(E) If an owner pays the facilities fee assessed under § 16.23.120 and later elects, after city approval, to accelerate the development by constructing or purchasing facilities for the project, the owner may apply for and receive a refund, up to the amount of the facilities fee, for such facilities after those facilities are certified by the city engineer as complying with the appropriate Master Facility Plan, city ordinances, and applicable law.

(F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to a future reimbursement for such facility except as provided in § 16.23.150.

(G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.

(H) A developer shall also be entitled to a credit if the city and developer have executed an agreement or there is a preexisting ordinance which specifically exempts the developer from the payment of one or more of the fees enacted under this chapter. The availability of the credit and its amount shall be determined by the city on a case-by-base basis based on the provisions of the applicable agreement.

(Ord. 2552 § 3, 2001.)

(A) The owner of a parcel of property otherwise required to pay a facilities fee under § 16.23.120 will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected development fees the direct and verifiable costs of installing or furnishing public improvements, or portions thereof, identified in the appropriate Master Facility Plan where all of the following conditions are satisfied:

(1) The owner has constructed a public improvement, or portion thereof, that is identified in the appropriate Master Facility Plan.

(2) The city required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner's project.

(3) The city approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable.

(4) The public improvement, or portion thereof, has been dedicated to the public.

(5) The public improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works.

(B) The city shall not reimburse the owner for costs related to financing any public facility.

(C) An owner shall only be entitled to reimbursement to the extent that any public facility project benefits property not within the owner's project. Thus, an owner may receive a development fee credit as provided in § 16.23.140 for the portion of a public facility that serves the owner's project and reimbursement for the oversized or extra-capacity or extended portion of a public facility that benefits subsequently developed property.

(D) In no event shall an owner receive a development fee credit and/or reimbursement in excess of the city's most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or by utilizing city forces.

(E) Any reimbursement agreement entered into under this section shall require the city, for a period of up to 15 years, to reimburse the owner from the proceeds of the facilities fees collected from new projects that directly benefit from the facilities financed by the facilities fee or fees and which are the subject of the reimbursement agreement. Reimbursement shall only be made from fees collected to fund improvements which are of the same type as the improvement constructed by the owner, and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement.

(Ord. 2552 § 3, 2001.)

(A) The Board of Zoning Adjustment is empowered to implement § 16.23.140. Findings regarding credits must be based on evidence submitted by the property owner substantiating the owner's contention that a credit should be given. (B) The Planning Director shall prescribe the form and scope of applications under this section and the necessary accompanying data.

(C) The Board of Zoning Adjustment may adopt rules to implement procedures and establish processing fees to carry out its responsibilities under this section.

(D) Appeals of decisions by the Board of Zoning Adjustment shall be made pursuant to the procedures set forth in Chapter 17.95 of the Corona Municipal Code. An appeal shall be accompanied by the filing fee established by City Council resolution.

(Ord. 2552 § 3, 2001.)

The City Council is empowered to grant deferral, waiver or reduction of any fee imposed by this chapter upon request. Such deferral, waiver or reduction may only be granted after notice and hearing if, in the opinion of the City Council, properly supported by specific findings, deferral would allow a better or fairer financing arrangement to be developed and imposed, or where waiver or reduction is required because imposition of such fee or fees in full would cause inequities. Findings must be based on written and other evidence submitted by the property owner, substantiating the owner's contention that the fee should be deferred, waived or reduced. Findings must include facts supporting deferral, waiver or reduction including, without limitation, findings that in the case of deferral (1) other properties to be benefited by any fee will not be burdened by the review and delay in fee imposition, or, (2) alternative financing methods involving more than one owner have been proposed for review, or (3) delay will result in a more fair funding arrangement; and, in the case of waiver or reduction, the owner will receive insufficient or no benefit from the fee imposed and would therefore be required, if the fee were imposed in full, to pay more than his or her fair share for the benefit received.

(Ord. 2552 § 3, 2001.)

As areas not presently situated within the city boundaries seek to annex to the city, the City Council shall determine the benefit to such land areas of the public facilities and infrastructure funded by this chapter. The City Council shall impose development fees, in whole or in part, as established by this chapter, upon such annexed areas to the extent necessary to assure that such areas pay their fair share of the actual costs of all necessary public facilities and infrastructure benefitting their projects, unless the City Council determines that such an imposition would cause inequities or that a better or fairer financing arrangement can and should be developed and imposed. (Ord. 2552 § 3, 2001.)