Chapter 19.18 — FEES IN LIEU OF DEDICATION OR IMPROVEMENT

Parkland fees shall be paid as required by Chapter 19.42 of the Stanton Municipal Code. (Ord. 780 § 2, 1996)

• A. The city council may, from time to time after a public hearing and written notice to the owners of property therein, adopt master plans of drainage for various areas of the city. Such plans shall contain an estimate of the total costs of constructing the local drainage facilities required by the plan and a map of the area showing its boundaries and the location of the planned facilities.

• B. Upon filing of a final tract or parcel map and as a condition of approval of said final tract or parcel map, a drainage fee shall be paid to the city engineer for deposit in a local drainage facilities fund in the amount set forth in the legislative action adopting and establishing a master plan of drainage, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall hereinafter be referred to as drainage fees. In the event local drainage facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct local drainage facilities may be accepted in lieu of part or all payment of drainage fees.

• C. The funds derived from the drainage fees shall be used for purposes of defraying the cost of designing and constructing planned local drainage facilities for the removal of surface and stormwaters from the local drainage area described in such master plan of drainage.

• D. The city council, in adopting a master plan of drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in said master plan and that the drainage fees are fairly apportioned within the local drainage area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.

• E. The fee as to any property proposed for subdivision within an area covered by a master plan of drainage shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.

• F. Drainage fees required by this section shall be paid into a local drainage facilities fund. A separate fund shall be established within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain construction; engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.

blished within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain construction; engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.

• G. At the discretion of the city council, rights-of-way dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage facilities described in a duly adopted master plan of drainage may be accepted in lieu of the payment of drainage fees.

• H. Moneys may be advanced by the city from its general fund or other sources to pay the cost of local drainage facilities within a local drainage area having a duly adopted master plan of drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the master plan were constructed.

• I. When required for the implementation of a duly adopted master plan of drainage so as to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and city whereby the subdivider may advance funds for local drainage facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to a local drainage facilities fund for said local drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges.

• J. After completion of the facilities and the payment of all claims from any planned local drainage facilities fund, the city council shall determine by resolution the amount of surplus, if any, remaining in any of such funds. Any such surplus shall be used, in such amounts as the city council may determine, for one or more of the following purposes:

  1. For transfer to the general fund of the city, provided that the amount of such transfer shall not exceed five percent of the total amount expended from the particular fund;

  2. For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or

  3. As a refund in the manner provided in subsection K below.

• K. Any surplus remaining in a planned local drainage facilities fund shall be refunded as follows:

  1. There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area.

2. Where property for which a fee was previously collected has subsequently been subdivided into more than one lot each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

   3. There shall be transferred to the general fund of the city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the city council of a resolution declaring a surplus, whichever is later to occur.

• (Ord. 780 § 2, 1996)

• A. Establishment of Development Impact Fee Program. A development impact fee program shall be established by resolution of the city council based on the comprehensive capital improvement plan. The program shall set forth the basis for the fee as required by California Government Code Section 66001 . The program shall establish guidelines for payment,

accounting, and refund of the fees collected as required by California Government Code Sections 66001 , 66006 and 66007 .

• B. Development Projects to Which Impact Fee Applies. The development impact fee program shall apply to all projects which require a precise plan of development or a minor precise plan of development.

• C. Updates of Fee. On an annual basis, the city council shall review this fee program, as required by California Government Code Section 66002 , to determine whether the fee amounts are reasonably related to the impacts of development projects and whether the described public facilities are still needed, and to update the capital improvement plan.

• D. Limited Use of Fees. The revenues raised by payment through this fee program shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

  1. Pay for the city's future construction of facilities permitted under California Government Code Section 66002 or to reimburse the city for those facilities, described or listed in the program, constructed by the city with funds advanced by the city from other sources; or

  2. Reimburse developers who have been required or permitted to install such listed facilities to the extent the actual cost of the facilities installed by the developer exceeds the impact fee obligation of the development project.

• E. Developer Construction of Public Facilities. Whenever the conditions of approval of a development project require direct construction of a facility described or listed in the capital improvement plan, a credit or reimbursement, as applicable, shall be given against the development impact fee, which would have been charged to the development project under the program, for actual construction costs incurred by the developer. The reimbursement and/or credit amount shall not include any improvements the city can require from the development project under the Subdivision Map Act, or the portion of the improvement deemed to be an onsite improvement that is not included in the capital improvement plan.

• F. Fee Adjustments. A developer of any development project subject to the fee program provided in this chapter may apply to the city council for:

  1. A waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the impacts of that development project and either the amount of the fee charged or the type of facilities to be financed; or

  2. A reduction of the fee based upon the implementation of mitigation measures incorporated into the development project.

3. The application for a fee waiver shall be made in writing and filed with the city clerk not later than:

   • a. Ten days prior to the public hearing on the development permit application for the project; or

   • b. If no development permit is required, at the time of the filing of the request for a building permit.

   4. The application shall state in detail the factual basis for the claim of waiver. The city council shall consider the application at the public hearing on the permit application held within sixty days after the filing of the application. The decision of the city council shall be final. If a waiver or reduction is granted, any change in use or increase in building intensity within the development project shall invalidate the waiver or reduction of the fee, and the developer shall be obligated to pay the full amount of the fee attributed to the development project, including the change in use or increase in intensity, as provided by this section.

• G. Fee Payment. The impact fee shall be paid prior to the final sign off of building permits and occupancy of the structures in any development.

• H. Fees for Phased Development Projects. Where there is a requirement imposed upon a phased development project pursuant to this section for the payment of development impact fees, such fees may be payable on a pro rata basis as each phase of the project is completed, in conjunction with the improvements accomplished.

• (Ord. 977 § 1, 2011)