Arvin Municipal Code Ch. 14.03 Benefit-Related Fees for Reimbursement of the Cost of Land Use And…

In addition to such other benefit-related fees or assessments as may be provided for by state law, the city council may by resolution adopt and establish from time to time benefit-related fees to be paid by owners and/or developers of land in designated benefit areas of the city as may be necessary to reimburse the city for services and expenses incurred by the city, or by others on behalf of the city, for land use and planning programs, including, but not limited to, environmental evaluations, specific plans and other related or similar services or expenses which are found to provide a common benefit with regard to the development of properties within a designated area of the city.

(Ord. No. 494, § 3, 7-9-2024)

Prior to passing a resolution establishing any fee pursuant to this chapter, the city manager or designee shall prepare and submit to the city council a report which shall contain the following information:

A. A statement defining the authorized purpose for which the proposed benefit-related fee is being assessed.

B. A description of the services and/or expenses for which the fees are proposed to be assessed and the total amount of the proposed assessment.

C. A statement identifying the land areas which benefited and against which the fees are proposed to be assessed.

D. A statement identifying the method or system by which the total amount of the assessment will be allocated fairly among all of the properties which are included in the benefit area.

(Ord. No. 494, § 3, 7-9-2024)

The city council shall hold a public hearing to consider the report of the city managers or designee and the establishment of the proposed fees. Notice of the public hearing shall be given by publication at least once in a newspaper of general circulation within the city at least ten (10) days prior to the public hearing.

(Ord. No. 494, § 3, 7-9-2024)

At the public hearing the city council shall hear all comments from those people wishing to be heard concerning the matter.

Following the public hearing, if the city council finds that the proposed assessment properly reflects the reasonable cost of the services and/or expenses incurred by the city, or by others on behalf of the city; and that the total assessment has been fairly and reasonably allocated among the properties designated in the benefit area according to the benefit provided to such properties, the city council may by majority vote pass a resolution establishing the proposed fees.

(Ord. No. 494, § 3, 7-9-2024)

The resolution establishing fees pursuant to this chapter shall contain the following:

A. A description of the services and/or expenses for which the fees are being assessed and the total amount of the assessment.

B. A description of the specific parcels of land which are benefited and against which the fees are assessed.

C. A statement indicating the amount of the total assessment that is allocated against each parcel of property which is included in the benefit area and the method of allocation.

D. A statement that the fees imposed are imposed upon new development only within the benefited area, and that the fees established by the resolution shall be paid to the city upon development of the property benefited by the then owners of the property prior to the issuance by the city of any ministerial or non-ministerial permit or approve for any development of or construction on said parcel within the area benefited.

(Ord. No. 494, § 3, 7-9-2024)

If the initial cost and/or expenses of the planning programs or environmental evaluations for which assessments have been made pursuant to this chapter are paid by others, then the city may, in its resolution provide for repayment of all or a portion of the monies received pursuant to assessments made under this chapter to fully or partially reimburse such persons or entities for the cost or expenses they have incurred in providing such planning programs or environmental evaluations.

(Ord. No. 494, § 3, 7-9-2024)