Brawley Municipal Code Ch. 10A Development Impact Fee

* Editor's note—Ord. No. 2014-04, § 1, adopted September 16, 2014, repealed Ch. 10A, §§ 10A.1—10A.9, which pertained to Design Review in Central Business District. Section 4 of said ordinance renumbered former Ch. 10B, §§ 10B.1—10B.6 as a new Ch. 10A, §§ 10A.1—10A.6. See also the Code Comparative Table and Disposition List.

In order to implement the goals and objectives of the general plan of the city and to mitigate the impacts caused by new development in the city, certain public improvements (collectively referred to herein as "public facilities," "infrastructure" or "improvements") must be or had to be constructed or provided. The city council has determined that a development impact fee is needed in order to defray the cost of public facilities related to developing projects. In establishing the fee described in the following sections, the city council has found the fee to be consistent with the general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. No. 90-06, § 1; Ord. No. 92-05, § 1.)

(Ord. No. 2014-04, § 1, 9-16-2014)

A development impact fee is established for development in the city to pay for public facilities, including but not limited to library, police, fire protection, streets, recreation, culture, storage, treatment and distribution of water, collection, treatment, reclamation and disposal of sewage, collection and disposal of stormwaters, flood control and other public facilities. The city council, by resolution, shall set forth the specific amount of the fee, describe the development for which public facilities are needed, list the specific public improvements required to accommodate said development, set forth the estimated costs of the improvements, describe the reasonable relationship between the fee and various types of new development and set forth the time for payment. The city council shall review the fees on a periodic basis in compliance with the California Government Code, to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Ord. No. 90-06, § 2; Ord. No. 92-05, § 2; Ord. No. 94-06, § 1.)

(Ord. No. 2014-04, § 1, 9-16-2014)

As described in the fee resolution, and except as otherwise provided by law, the development fee established pursuant to Section 10A.2 shall be paid for each development prior to the issuance of the building permit.

(Ord. No. 90-06, § 3.)

(Ord. No. 2014-04, § 1, 9-16-2014)

The revenues raised by such fees shall be placed in a separate and special account and with any interest earnings on such account, shall be used solely to defray all or a portion of the cost of public facilities related to the development project.

(Ord. No. 90-06, § 4.)

(Ord. No. 2014-04, § 1, 9-16-2014)

The fee established by this chapter does not apply to fees imposed pursuant to a reimbursement agreement between the city and a developer for that portion of the cost of a public facility when a developer is required, as a condition of development, to construct a public facility which has excess size, length or capacity over that needed for the impacts of such development, and when such construction is necessary to ensure efficient and timely installation of the public facilities network.

(Ord. No. 90-06, § 5.)

(Ord. No. 2014-04, § 1, 9-16-2014)

A developer of any project subject to the fee described herein may apply to the city council for a reduction or adjustment to said fee based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of public facilities to be financed. The application shall be made in writing and filed with the city clerk at the time of filing the request for a building permit. The application shall state in detail the factual basis for the claim of waiver or reduction. The city council shall consider the application within sixty days after the filing of the fee adjustment application. The decision of the city council thereon shall be final. If a reduction or waiver is granted, any change in use within the project shall subject the development to payment of the fee.

(Ord. No. 90-06, § 6.)

(Ord. No. 2014-04, § 1, 9-16-2014)