Big Bear Lake Municipal Code Ch. 15.68 Growth Management Program

Footnotes:

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Editor's note— Ord. No. 2009-388, § 2, adopted May 11, 2009, amended Chapter 15.68 in its entirety to read as herein set out. Formerly, Chapter 15.68 pertained to similar subject matter, and derived from Ord. No. 97-276, § 1, adopted 1997.

It is the purpose of this chapter:

A. To establish a responsible growth management program for the city;

B. To ensure that growth and related infrastructure are managed and coordinated to provide adequate levels of service in order to preserve the city's quality of life, community character, natural resources, and the health, safety, and welfare of its inhabitants;

C. To establish an equitable financing plan to pay for infrastructure improvements based on the development impacts that are created and the benefits that are received; and

D. To establish a mechanism for monitoring the effectiveness of this chapter by providing relevant information and reports to the city council and general public, and by periodically updating and revising this chapter when appropriate.

(Ord. No. 2009-388, § 2, 5-11-2009)

The city council establishes a growth management program. The program shall include:

A. A projection of future development based on the general plan's land use policies and data on building and occupancy permits form the building and safety department to be reviewed periodically and revised as necessary;

B. A development impact plan (hereafter called "the plan") that consists of an inventory of projected future impacts from development, proposed improvements, and their corresponding costs; and

C. A determination for impact fees for both residential and commercial/industrial development projects that will finance the projected costs of associated impacts listed in the plan.

(Ord. No. 2009-388, § 2, 5-11-2009)

The 1990 estimated projection of future development through the year 2010 is 3,500 additional dwelling units, 12,500 total dwelling units, 1,500,000 additional commercial/industrial square footage, 3,000,000 total commercial/industrial square footage.

For the purposes of this chapter, "dwelling units" shall be defined to include one-family dwellings, two-family dwellings, multifamily dwellings, condominiums and apartments. Commercial square footage shall include hotels and motels.

(Ord. No. 2009-388, § 2, 5-11-2009)

A. The intent of this section is to ensure that growth and related infrastructure are coordinated over the 20-year horizon of this chapter to provide adequate levels of service consistent with the purposes of this chapter. Residential development and related impacts are not expected to occur in a straight-line numerical pattern over the 20-year period addressed in this chapter. Consequently, an annual limit or target for residential development will not be in harmony with typical market conditions and could counteract necessary and beneficial economic growth.

This section identifies an appropriate average level of residential development and then allows new residential construction to fluctuate within a five-year period while generally maintaining the overall average. At times, residential development may exceed the yearly average but may likely be offset by other years when development may be less than average.

When it appears that the five-year average will be exceeded in any five-year period, the city council will consider taking corrective actions. The absolute limit on residential development for any five-year period cannot exceed 25 percent more than the anticipated average without the implementation of such corrective actions.

Commercial development is not limited in any given year or five-year period. The amounts of commercial and residential development are closely correlated. Therefore, pacing residential development also indirectly paces commercial development.

B. The anticipated five-year demand for residential development is projected to be 1,100 additional dwelling units. This number is established by dividing the total 20-year projected residential development by four and adding approximately 25 percent.

C. The number of new dwelling units issued building permits between January 1, 1992 and December 31, 1996, and every five-year period thereafter, shall not exceed 1,100. No carryover shall be permitted from one five-year period to another.

D. Housing affordable to very-low income and/or low-income households shall not be counted towards this limit provided suitable guarantees are made to the satisfaction of the city attorney that such housing remains affordable to very-low-income and/or low-income households for a minimum of 45 years for owner occupied units, and 55 years for rental units.

E. Dwelling units shall not be counted towards the totals specified in this section if:

1. The dwelling units are remodeled with no increase in number of dwelling units; or

2. The dwelling units are demolished and a building permit obtained within 12 months from the date a demolition permit is finalized for replacement with no increase in the number of dwelling units.

F. Upon issuance of the building permit for the 875th new dwelling unit to be constructed during any such five-year period, the city council shall convene to review development trends, projected future development, infrastructure capacity, and projected structure enhancements. Within six months of such building permit issuance, the city council shall take appropriate action including but not limited to accelerating construction of infrastructure and, if necessary, reducing permitted development. It is the city's intent to assure that existing and projected infrastructure capacity will keep pace with and be adequate to serve existing and anticipated development.

G. For calendar year 1991, all unused 1991 equivalent dwelling units (EDU's) pursuant to repealed chapters 2.13 and 15.44 of this Code (previous growth management ordinance), and all carryover EDUs from 1990, shall be permitted. On January 1, 1992, any remaining URDUs will no longer be permitted.

(Ord. No. 2009-388, § 2, 5-11-2009)

A. Structure size and average daily trips (or a combination of both) shall be used where appropriate to link the impact fees and the plan contained in this chapter in a rational manner.

B. The city council hereby adopts the impact fee report set forth in exhibit "A", attached to the ordinance adopting this chapter and incorporated by reference herein. The impact fee report shall be kept on file with the city clerk and available for public inspection and, upon payment of the applicable copying charge, photocopying.

(Ord. No. 2009-388, § 2, 5-11-2009)

A. Every applicant constructing or causing to be constructed any project that is habitable or leasable within the city shall pay an impact fee computed as set forth by the city. This impact fee shall be in addition to all other fees and charges required by the city.

B. The remodeling of any existing structure that results in additional square footage shall be subject to impact fees on the additional new square footage only. The remodeling of any existing residence shall be subject to the square footage portion of the residential impact fee for any square footage that exceeds the existing square footage. No per unit impact fee shall apply to such remodeling.

C. For all projects involving the voluntary demolition or destruction by natural disaster of an existing structure, an impact fee shall be required only for the square footage of a new structure on that lot or parcel that exceeds that which was demolished or destroyed. For residential projects, the per unit impact fees shall only be required for the number of new dwelling units on that lot or parcel that exceeds that which was demolished or destroyed. These provisions shall only apply provided that the square footage of the structure(s) and number of dwelling units is established by the property owner and approved by the chief building official in writing at the time of demolition or destruction and that building permits are issued within seven years from the date of issuance of a demolition permit or the date of the natural disaster, whichever is earlier. The burden of proof demonstrating the existing square footage and number of dwelling units of a demolished or destroyed structure shall rest with the applicant. If building permits are not issued within the specified time period then impact fees shall be required for all square footage and each dwelling unit constructed regardless of the size and use of the original structure(s).

D. The city council hereby adopts the schedule of development impact fees by type of fee ("fee schedule") set forth in the impact fee report, with the exception of parkland acquisition and improvements impact fees. This exception is reflected in exhibit "B", attached to the ordinance adopting this chapter and incorporated by reference herein. The adopted impact fees may be revised from time to time by resolution of the city council, in accordance with state law. The fee schedule may be adjusted by resolution, pursuant to section 15.68.110, to be effective on July 1 of each year (or sooner as directed by city council), with this section being considered as enabling and directive in compliance with the Mitigation Fee Act, Government Code Section 66000 et seq.

E. The city council hereby adopts the five-year phasing plan set forth in exhibit "C", attached to the ordinance adopting this chapter and incorporated by reference herein. Each increase shall automatically become effective on July 1 of each year, commencing July 1, 2010 and continuing thereafter, unless expressly modified by the city council.

F. The impact fees imposed by the ordinance adopting this chapter shall only apply to those impact fees described herein. Except as expressly modified by the ordinance adopting this chapter, all other development impact fees, community development and user service fees adopted by the city council pursuant to prior city ordinances or resolutions, as they may be amended from time to time, or any future ordinances or resolutions adopted for such purposes, shall remain in full force and effect.

(Ord. No. 2009-389, § 1, 5-11-2009; Ord. No. 2009-388, § 2, 5-11-2009)

A. The finance division shall establish a separate interest-bearing growth management fund. Interest earned by the fund shall be credited to the fund and shall be used solely for the purposes specified in this chapter or in the resolution of the city council establishing development impact fees.

B. The finance division shall maintain and keep accurate financial records for the growth management fund which shall show the source of all funds and all disbursements. The finance division shall ensure that the disbursement of funds from the fund shall be used solely and exclusively for the projects specified in the plan.

C. Any funds collected prior to the effective date of the ordinance codified in this chapter, pursuant to repealed chapter 15.44 of this Code, shall not be transferred to the growth management fund referenced in this section, but shall be use only to offset the cost of improvements authorized by this Code at the time of collection.

D. Impact fees established in this chapter or established by city council resolution adopted pursuant to this chapter shall become effective no sooner than 60 days following the effective date of the ordinance codified in this chapter or the resolution establishing such fee, or at such later time as may be established in such ordinance or resolution. Those impact fees set forth in exhibit "B" shall become effective on September 1, 2009.

E. The final determination of the amount of impact fees to be paid by the applicant shall be made by the city engineer. Appeals of the decision of the city engineer shall be made directly to the city council.

(Ord. No. 2009-388, § 2, 5-11-2009)

A. Any portion of a impact fee may be appealed to the city council within 30 days following the date the applicant is first notified by the city of the amount of the impact fee. An impact fee waiver, in whole or in part, may be approved by the city council if the council finds that the actual cost for a future public improvement as estimated by the city council and used in computing the impact fee will be reduced by the proposed development project. If an applicant constructs improvements identified on the master facilities plan, the applicant shall receive a credit on all costs associated with the improvements, based on a determination by the city engineer of the actual and reasonable costs to the applicant of providing the improvements. The city manager is authorized to enter into standard fee credit agreements with such applicants, setting forth the terms upon which such credits shall be granted.

Upon council approval, the impact fee shall be-reduced by an amount equal to the reduction in cost of the public improvement. The burden of proof demonstrating this relationship rests with the applicant.

B. Under special circumstances and upon recommendation of the planning commission, the city council may reduce or waive the impact fee for a proposed development project as an incentive to encourage land uses that will provide exceptional benefits to the city. In extraordinary cases, an impact fee waiver, in whole or in part, may be approved if the city council finds any of the following:

1. That the proposed development project will provide exceptional economic, aesthetic, or recreational benefits to the city; or

2. That the proposed development project will provide exceptional housing opportunities for very-low-income and/or low-income persons; or

3. That the proposed development project will significantly improve a blighted area within the boundaries of any improvement agency project area.

C. Prior to approving any impact fee reduction or waiver pursuant to subsection B., the city council must find that other city resources are available to offset the impact fee reduction or waiver, must delineate those resources, and must direct the administrative services department to transfer to the growth management fund account such equivalent resources.

(Ord. No. 2009-388, § 2, 5-11-2009)

A. The city council shall review the anticipated demand for residential development, the projection of future development, costs of development impacts, and proposed improvements and shall consider future and alternate development impacts, development limits, infrastructure improvements, and costs annually and shall adopt any necessary amendments to this chapter or to any resolution of the city council establishing impact fees pursuant to this chapter, after public hearing.

B. After the close of each calendar year and under the authority of the city manager, staff shall adjust the estimated cost of development impacts based on engineering news record's construction cost index (Los Angeles Region) and subsequently recommend a revision to the impact fees accordingly. The city manager shall present recommendations to the city council in the form of an annual report. All recommendations shall be in terms of calendar year calculations.

C. The city council may adopt additional adjustments to those presented by staff pursuant to subsection B. However, any changes that increase or reduce staff's adjustments in impact fees must be accompanied by nexus findings.

(Ord. No. 2009-388, § 2, 5-11-2009)

A. The city manager shall be responsible for assuring the timely administration of all provisions of this chapter. A growth management capital improvement plan (hereafter referred to as "GMCIP") shall be prepared detailing the specific improvements identified in section 15.68.050 along with a time frame for implementation and a financing plan. This GMCIP shall be separately identifiable and may be incorporated into the citywide capital improvement plan or prepared separately, as deemed appropriate by the city manager. The GMCIP shall be submitted to the city council for review and approval. The city council shall annually conduct a public hearing to determine those capital projects to be funded by the impact fees collected under the provisions of this chapter.

B. The city council is hereby authorized to make inter-fund transfers and loans between capital facilities accounts into which are deposited impact fees upon those reasonable terms of repayment and interest rates as determined by the city council.

(Ord. No. 2009-388, § 2, 5-11-2009)