Chino Hills Municipal Code Ch. 3.40 Various Facilities Fees

Footnotes:

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Editor's note— Ord. No. 423, § 4(Exh. A), adopted Nov. 12, 2025, eff. Jan. 11, 2026, amended Ch. 3.40 in its entirety to read as herein set out. Former Ch. 3.40, §§ 3.40.010—3.40.210, pertained to similar subject matter, and derived from Ord. No. 109, adopted 1998; Ord. No. 110, adopted 1998; Ord. No. 111, adopted 1998; Ord. No. 127, adopted 2000; Ord. No. 128, adopted 2000; Ord. No. 256, adopted Sept. 11, 2012; Ord. No. 277, adopted Oct. 14, 2014; Ord. No. 292, adopted Nov. 24, 2015; Ord. No. 334, adopted Nov. 27, 2018; Ord. No. 375, adopted Oct. 26, 2021.

For purposes of this chapter, unless the context clearly requires otherwise, the following words and phrases, whether used in the singular or the plural, shall have the meaning set forth in this section. Words and phrases not defined in this section have the meanings set forth in the Chino Hills General Plan or Development Code.

"1998 Study" means the Public Facilities Implementation Plan ("PFIP"), prepared by Keyser Marston Associates, Inc., dated August 1998, and any amendments and all revisions thereto that outline the funding methods and the policies for the acquisition, improvement or construction of land/facilities.

"2025 Nexus Study" means the Development Impact Fee Nexus Study Update prepared by Willdan Financial Services, dated October 2025, and any amendments and all revisions thereto which outline the funding methods and the policies for the acquisition, improvement or construction of land/facilities.

"Building permit" means the permit issued or required for the construction of any new DU, new commercial building, or new business park building or service or commercial recreational facility.

"Business/industrial park" shall include the uses permitted in the business park land use classification, as defined in the land use element of the Chino Hills General Plan.

"Capital improvement" means land or facilities or any other capital project identified in the City's capital improvements plan including, without limitation, to land or facilities for the following purposes: the storage, treatment or distribution of water; the collection, treatment, reclamation or disposal of sewage; the collection and disposal of stormwater and for watershed preservation purposes; transportation and transit including, without limitation, streets, street lighting and traffic-control devices and supporting improvements, roads, overpasses, bridges, airports, and related facilities; parks and recreational improvements; public safety, including police and fire facilities; schools and child care facilities; libraries and public art; and public buildings of all kinds. Capital improvement also includes design, engineering, inspection, testing, planning, legal land acquisition and all other costs associated with construction of a public facility.

"Capital improvements plan" means the long-term plan for capital improvements adopted by the City Council that describes the approximate location, size, time of availability and estimated cost of capital improvement projects and identifies sources of funding for capital improvement projects.

"Chino Hills General Plan" or "CHGP" means the Chino Hills General Plan as adopted by the City as of September 13, 1994, and such amendments to it as may be in effect at the time of any action taken pursuant to this chapter.

"Chino Hills Parkway Phasing Plan" means that program of assessment and reimbursement imposed upon certain developers in Chino Hills pursuant to agreement to accelerate the construction of Chino Hills Parkway.

"City" means the City of Chino Hills, California.

"City Council" means the City Council of the City of Chino Hills, California.

"Commercial" shall include the uses permitted in the commercial land use classification, as defined in the land use element of the Chino Hills General Plan, except for Commercial Lodging uses.

"Commercial Lodging" shall include all hotels, motels, bed and breakfasts, inns, and any other transient occupancy use established in a Commercial or Business Park zoning district.

"Commercial recreation" shall include the uses permitted in the commercial recreation land use classification, as defined in the land use element of the Chino Hills General Plan.

"Credit" means the credit computed pursuant to Section 3.40.180 of this chapter, titled credits/reimbursements, which will be applied to fees.

"Developer" means a party proposing to develop a property such that the payment of fees as set forth in this chapter is required.

"Dwelling unit" or "DU" means a building or portion of a building subject to this chapter, including a mobilehome, accessory building, or portion of such accessory building, used or designed for, or with the potential of, occupancy by one person, or entity, or family for living or sleeping purposes and having one kitchen or access to it.

"Dwelling unit equivalent" or "DUE" means a unit representing the demand placed upon or benefit received from facilities stated in terms relative to the demands placed upon or benefits received by a single-family dwelling unit.

"Existing infrastructure fee" means the fee assessed on new construction in the amount and manner set forth in the 1998 study representing new construction's proportionate share of existing infrastructure debt, in the form of credits earned through reimbursement agreements, assessment district installment payments made, the outstanding assessment district principal, and other reimbursement obligations of the City as set forth in the 1998 study, incurred pursuant to prior fee ordinances. Existing infrastructure debt to be paid by the existing infrastructure fee also includes that debt incurred as a result of the imposition of the revolving fee, previously imposed pursuant to ordinance, and the Chino Hills Parkway phasing fees collected pursuant to agreements.

"Facilities" means the public facilities backbone infrastructure required or anticipated to be required to properly support development in the City, including administrative expense, as described in the needs list. It does not include any facility, or improvement to be constructed or installed on private property or school facilities. A facility that is identified in the needs list constructed on private property under a written binding agreement, offer to dedicate or otherwise convey such facility or improvement to a governmental entity or a public utility, together with all interests in real property which may be necessary for proper access, operation and maintenance of such facility or improvement, shall be considered a facility within the meaning of this chapter, except that no credit will be granted in respect to such facility until the dedication or conveyance of the facility to the governmental entity or public utility has become effective. The facilities are divided into seven categories, including existing infrastructure, water, sewer, parks and recreation, traffic, general city, and storm drain, and will be used for, but not limited to, the following uses:

A. Works and systems of facilities for the transportation of people and commerce;

B. Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains and other structures suitable for the purpose of stabilizing land;

C. Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this section;

D. Sidewalks, crosswalks, steps, safety zones, foundations, culverts, bridges, curbs, gutters, parks, and parkways, recreation areas, including all structures, buildings and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended;

E. The grading or regrading, the paving or repaving, the planking or replanking, the macadamizing or remacadamizing, the graveling or regraveling and the oiling or reoiling of streets;

F. Acquisition, construction and installation of traffic signs, signals, lights and lighting;

G. Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes; with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels and appurtenances;

H. Water mains, pipes, conduits, pumping stations, hydrants, storage reservoirs, and other necessary works and appliances for providing water service;

I. Pipes, hydrants and appliances for fire protection;

J. Sanitary sewers or instrumentalities of sanitation, together with time necessary outlets, manholes, catch basins, connecting sewers, drains, conduits, or other appurtenances;

K. Acquisition, construction, improvement of library buildings, fire stations, government centers;

L. Acquisition, construction, improvement of police stations;

M. Public works maintenance facilities;

N. All other work auxiliary to any of the above which may be required to carry out that work including, but not limited to, administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring public facilities projects;

O. Acquisition of any and all property and rights-of-way which may be required to carry out the purposes of the project.

"Facilities benefit assessment" or "FBA" means the facilities benefit assessment previously imposed pursuant to Ordinance 65.

"Facilities development fee" or "FDF" means the facilities development fee previously imposed pursuant to Ordinance 64.

"Fees" means, collectively, the existing infrastructure, general city facilities, water facilities, sewer facilities, storm drain facilities, traffic facilities impact, fire facilities, and parks and recreation facilities fees.

"Fire facilities fee" or "FFF" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the fire facilities identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Financing plan" means the financing plan dated June 27, 1983, amendments, and any and all revisions to it, which outline the funding methods and policies for the acquisition, improvement or construction of facilities, including the City of Chino Hills 1995 Development Fee Study.

"Fixture unit" or "FU" means a unit of conversion used in the calculation of the sewer facilities fees which unit represents the relative water usage of a particular sewer or drainage fixture as compared to other fixtures, regardless of the type of land use.

"General city facilities fee" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the general city facilities identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Gross building area" means the total square footage of any building or structures for which building permits are issued.

"Industrial" shall include all the uses permitted within the Light Industrial zoning district. "Institutional" shall include all the uses permitted within the Institutional zoning districts.

"Multifamily" or "multifamily residential" shall include the uses permitted in the high density residential and very high-density residential land use classifications as defined and set forth in the land use element of the Chino Hills General Plan.

"Needs list" means a list of capital improvements to be funded, in whole or in part, through the levy of a development impact fee imposed in accordance with applicable law. The needs list indicates the various categories of facilities (general, traffic, water, sewer, etc.), a list of anticipated capital improvements within each category, the estimated cost of each facility, the estimated cost to be allocated to new and existing development, the estimated net cost to the City, and other funding sources. The needs list may be updated and amended from time to time by resolution of the City Council. Notwithstanding the above, the City Manager is authorized to move funding from one project to another within a specific fund (e.g., within the general city facilities fee fund, or within the parks and recreation facilities fee fund) up to two hundred thousand dollars ($200,000.00). Such modifications in amounts will be memorialized in writing, signed by the City Manager, and reported to the Council no later than the next time that the resolution updating the needs list is proposed to be amended.

"New construction" means any new residential, commercial, business park, or public utility building or portion thereof as to which a building permit, or like permit, has been issued after the effective date of this chapter, and any division of land for which an easement, condemnation, right-of-way acquisition, new assessor parcel number, subdivision or parcel map has been recorded or is exempt.

"Parks and recreation facilities fee" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the parks and recreation facilities, including land development, identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Private facilities" shall include the uses permitted in the institutional land use classification, as set forth in Section 16.16.010(A) of this Code.

"Project" means the construction activity undertaken by a developer or another entity and designated within the items noted in this section under "project approval."

"Project approval" means approval of a tentative tract map, parcel map, planned unit development, development agreement, minor subdivision plot plan, final development plan or site approval including plot plans reviewed by the City Office of Building and Safety.

"Public facilities" shall include the uses permitted in the institutional land use classification, as set forth in Section 16.16.010(B) of this Code.

"PUD" means planned unit development.

"Quimby in-lieu fee" means that fee imposed pursuant Appendix D, Chapter 4, Article 14 of the Chino Hills Municipal Code, and Government Code Section 66477.

"Parks and recreation facilities" means the parks and recreation facilities required or anticipated to be required to properly support residential development in the city, including administrative expense, as identified in the needs list. A facility constructed on private property under a written binding agreement, offer to dedicate or otherwise convey such facility or improvement to a governmental entity or a public utility, together with all interests in real property which may be necessary for proper access, operation and maintenance of such facility or improvement, shall be considered a parks and recreation facility within the meaning of this chapter, except that no credit will be granted in respect to such parks and recreation facility until the dedication or conveyance of the parks and recreation facility to the governmental entity or public utility has become effective, except as provided in Section 3.40.180 of this chapter. The parks and recreation facilities include, but are not limited to, the following:

A. Lighted fields and courts for adult and youth sports league play, swimming pools, community centers, equestrian areas, practice sports fields, basketball, tennis or other court type play facilities, tot lots, playgrounds, picnic facilities, barbecues, trail improvements, landscaping, parking, security lighting, including all structures, buildings and other facilities necessary to make parks and recreation areas useful for the purposes for which intended;

B. Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains and other structures suitable for the purpose of stabilizing land;

C. Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any work mentioned in this section;

D. All other work auxiliary to any of the above which may be required to carry out that work including, but not limited to, administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring public facilities projects;

E. Acquisition of any and all property and rights-of-way which may be required to carry out the purposes of the project.

"Reimbursement" means cash to be paid to an entity, provided for in a written agreement, specifying the amount of reimbursement and the manner and schedule of reimbursement. Reimbursement shall be conditional upon receipt by the City of sufficient revenues as defined in this chapter. Reimbursement shall be paid according to this chapter, any existing written agreement for reimbursement and the financing plan in effect.

"Revenue" or "revenues" as used in this chapter means moneys received by the City pursuant to this chapter, or assessment bond proceeds for facilities, as legally available, but excludes City general funds, sales and use taxes, ad valorem taxes, business taxes, grants or subventions, or other special taxes, assessments, charges, or bond proceeds. Revenues received pursuant to this chapter shall be segregated among funds identified as discussed in Section 3.40.170 of this chapter.

"Revolving fee" means the revolving fee imposed prior to 1995 pursuant to the City's development fee ordinance then in effect.

"Sewer facilities fee" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the sewer facilities identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Single-family" and "single-family residential" shall include the uses permitted in the agriculture/ranches, rural residential, low density residential and medium density residential land use categories as defined and set forth in the land use element of the Chino Hills General Plan.

"Storm drain facilities fee" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the storm drain facilities identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Table 1" means the table depicting the amount of fees to be imposed and collected upon new development pursuant to this chapter, which table is set forth in Section 3.40.100 of this chapter.

"Table 2" means the table appearing in Section 3.40.110 of this chapter, depicting ratios utilized in the calculation of the sewer facilities fees as set forth in Section 3.40.050 of this chapter.

"Traffic facilities Impact fee" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the traffic facilities identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Water facilities fee" means the fee assessed on new construction representing new construction's proportionate share of the cost of constructing the water facilities identified in the needs list, less any amount deducted from such cost representing existing development's share of such cost, where appropriate.

"Written agreement" means a contract that has been approved by the City Council between the City and another party. This can include credit agreements or agreements for construction of infrastructure, etc.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The existing infrastructure fee ("EIF") shall apply to all new construction within the City in the amounts set forth in Table 1. Notwithstanding anything else contained in this chapter, the amount of the EIF shall be based on the EIF in effect at the time of payment of the EIF, pursuant to Section 3.40.140 of this chapter. The EIF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of dwelling units on an affected parcel.

C. The EIF on residential new construction shall be imposed on a per DU basis.

D. Within the context of this chapter, nonresidential new construction shall not include alterations or repairs to, or replacement of existing nonresidential construction, except to the extent that such alteration, repair or replacement adds to the net square footage of facilities of an affected parcel.

E. The EIF for nonresidential new construction shall be imposed upon a per thousand square foot of gross building area basis, except for commercial recreation uses, which shall be calculated pursuant to Section 3.40.120 of this chapter.

F. Credit against the EIF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth in this chapter. Additionally, at the City's sole discretion, the City may adjust the EIF by adopting economic incentive policies and/or programs by resolution or otherwise entering into agreements permitting credit towards the EIF including, but not limited to, credit in return for sales tax generated for commercial development and credit for the value of structures built for business park development.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The general city facilities fee ("GCFF") shall apply to all new construction within the City in the amounts set forth in Table 1. Notwithstanding anything else contained in this chapter, the amount of the GCFF shall be based on the GCFF in effect at the time of issuance of building permit. The GCFF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of dwelling units on an affected parcel.

C. The GCFF on residential new construction shall be imposed on a per square foot basis.

D. The GCFF for nonresidential new construction shall be imposed upon a per thousand square feet of gross building area basis, except for commercial recreation uses, which shall be calculated pursuant to Section 3.40.120 of this chapter.

E. Credit against the GCFF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth therein.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The fire facilities fee ("FFF") shall apply to all new construction within the City in the amounts set forth in Table 1. Notwithstanding anything else contained in this chapter, the amount of the FFF shall be based on the FFF in effect at the time of issuance of building permit. The FFF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of dwelling units on an affected parcel.

C. The FFF on residential new construction shall be imposed on a per square foot basis.

D. The FFF for nonresidential new construction shall be imposed upon a per thousand square feet of gross building area basis, except for commercial recreation uses, which shall be calculated pursuant to Section 3.40.120 of this chapter.

E. Credit against the FFF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth therein.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The water facilities fee ("WFF") shall apply to all new construction within the City in the amounts set forth in Table 1. Notwithstanding anything else contained herein, the amount of the WFF shall be based on the WFF in effect at the time of payment of the WFF, pursuant to Section 3.40.140 herein. The WFF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number or size of water meters serving the new construction, in which case the fee imposed shall be the difference between the fee that would be charged for the existing water meter(s) versus the fee that would be charged for the new water meter(s).

C. Within the context of this chapter, nonresidential new construction shall not include alterations or repairs to, or replacement of existing nonresidential construction, except to the extent that such alteration, repair or replacement adds to the number or size of water meters serving the new construction, in which case the fee imposed shall be the difference between the fee that would be charged for the existing meter(s) versus the fee that would be charged for the new water meter(s).

D. The WFF for residential new construction shall be imposed on a DUE basis. A one-inch meter is considered the standard meter size needed for a single family unit. WFF for multi-family units shall be seventy (70) percent of DUE, with no consideration given to actual size or number of meters provided. WFF shall be imposed on all nonresidential new construction based solely upon size and number of water meters required as determined by the City Engineer. No additional charge shall be imposed for any upsizing of meter necessary to facilitate fire sprinkler installation, however, any upsizing for any other purpose shall require payment of additional WFF based on meter size.

E. The WFF does not include the actual cost of the water meter to be installed, which shall be paid for separately.

F. Credit against the WFF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth therein. Additionally, at the City's sole discretion, the City may adjust the WFF by adopting economic incentive policies and/or programs by resolution or otherwise entering into agreements permitting credit towards the WFF in return for sales tax generated for commercial development and credit for the value of structures built for business park development.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The sewer facilities fee ("SFF") shall apply to all new construction within the City in the amounts set forth in Table 1. Notwithstanding anything else contained herein, the amount of the SFF shall be based on the SFF in effect at the time of issuance of building permit. The SFF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of fixture units for an affected parcel, in which case the fee imposed shall be calculated based upon the additional fixture units, rather than the total number of fixture units.

C. Within the context of this chapter, nonresidential new construction shall not include alterations or repairs to, or replacement of existing nonresidential construction, except to the extent that such alteration, repair or replacement adds to the number of fixture units for an affected parcel, in which case the fee imposed shall be based upon the additional fixture units, rather than the total number of fixture units.

D. The SFF nonresidential new construction shall be imposed on a dwelling unit equivalent ("DUE") basis, with the number of DUEs determined by the City Building Department as follows:

1. The number of DUEs per fixture unit ("FU") for any given land use category shall be determined by dividing the gallons per fixture unit for the land use category, by the average number of gallons of discharge from a single-family residence. DUEs per FU ratios are set forth in Table 2, in Section 3.40.110 of this chapter.

2. The number of FUs is determined by applying the Uniform Plumbing Code to the fixtures identified in the new construction.

3. The total DUEs for the new construction are determined by multiplying the number of DUEs per FU as determined in subsection (D)(1) of this section by the number of FUs as determined in subsection (D)(2) of this section.

4. The fee is determined by multiplying the total DUEs from subsection (D)(3) of this section by the fee per DUE as presented in Table 1, in Section 3.040.100 of this chapter.

E. Notwithstanding subsection D of this section, the SFF for industrial uses shall be based upon DUEs calculated as follows:

1. The SFF for the domestic discharge shall be calculated as set forth in subsection D of this section, utilizing the residential uses DUE per fixture unit ratio;

2. The SFF for the nondomestic discharge shall be based upon the total number of nondomestic DUEs, which shall be calculated by dividing the total estimated daily flow indicated in the industrial waste permit issued by the average number of gallons of discharge per single-family dwelling unit (224).

F. Credit against the SFF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth therein. Additionally, at the City's sole discretion, the City may adjust the SFF by adopting economic incentive policies and/or programs by resolution or otherwise entering into agreements permitting credit towards the SFF in return for sales tax generated for commercial development and credit for the value of structures built for business park development.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The storm drain facilities fee ("SDFF") shall apply to all new construction within the City in the amounts set forth in Table 1. Notwithstanding anything else contained in this chapter, the amount of the SDFF shall be based on the SDFF in effect at the time of issuance of building permit. The SDFF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of dwelling units on an affected parcel.

C. The SDFF on residential new construction shall be imposed on a per DU basis.

D. Within the context of this chapter, nonresidential new construction shall not include alterations or repairs to, or replacement of existing nonresidential construction, except to the extent that such alteration, repair or replacement adds to the net square footage of facilities of an affected parcel.

E. The SDFF for nonresidential new construction shall be imposed upon a per thousand square foot of gross building area basis, except for commercial recreation uses, which shall be assessed pursuant to Section 3.40.120 of this chapter.

F. Credit against the SDFF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth therein. Additionally, at the City's sole discretion, the City may adjust the SDFF by adopting economic incentive policies and/or programs by resolution or otherwise entering into agreements permitting credit towards the SDFF in return for sales tax generated for commercial development and credit for the value of structures built for business park development.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The traffic facilities impact fee ("TFIF") applies to all new construction within the areas of the City as set forth in the needs list, as modified and updated, in the amounts as set forth in Table 1. Notwithstanding anything else contained in this chapter, the amount of the TFIF shall be based on the TFIF in effect at the time of issuance of building permit. The TFIF may be adjusted pursuant to Sections 3.40.120 and 3.40.130 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of dwelling units on an affected parcel.

C. The TFIF shall be imposed on residential new construction on a per square foot basis.

D. The TFIF for nonresidential new construction shall be imposed upon a per thousand square feet of gross building area basis, except for commercial recreation uses, which shall be calculated pursuant to Section 3.40.120 of this chapter.

E. Credit against the TFIF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth therein.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. The parks and recreation facilities fee ("PRFF") shall apply to all residential new construction within the areas of the City as set forth in the needs list, in the amounts as set forth in Table 1. Notwithstanding anything else contained in this chapter, the amount of the PRFF shall be based on the PRFF in effect at the time of issuance of building permit. The PRFF may be adjusted pursuant to Section 3.40.120 of this chapter.

B. Within the context of this chapter, residential new construction shall not include alterations or repairs to, or replacement of existing residential units, except to the extent that such alteration, repair or replacement adds to the number of dwelling units on an affected parcel.

C. The PRFF for residential new construction shall be imposed on a per square foot basis.

D. Credit against the PRFF may be claimed as set forth in Section 3.40.180 of this chapter, subject to the restrictions and limitations set forth in that section.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

See Appendix D, Chapter 4, Article 14.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

Subject to adjustment pursuant to Section 3.40.120 below, the amount of the fees to be imposed and collected pursuant to this chapter are as of January 11, 2026, and shown in Table 1. Fees will be charged for accessory dwelling units to the maximum extent allowed by state law. Each fee may include an administrative overhead component necessary to cover the associated costs of compliance with the Mitigation Fee Act requirements, including, without limitation, accounting, budgeting, mandated annual and five-year reports, periodic impact fee update studies, and associated legal expenses. The City Council, after a public hearing, notice of which has been published pursuant to Government Code section 6061 at least ten (10) days in advance, may periodically establish or adjust these associated administrative overhead charges by resolution.

Table 1

1 Not imposed if septic system is used. 2 Imposed at time of connection.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026; Ord. No. 428, § 3, 12-9-2025)

Subject to adjustment pursuant to Section 3.40.120 below, the ratios to be utilized in the calculation of the sewer facilities fee, pursuant to Section 3.40.050, are as of October 14, 2014, and shown in Table 2 as follows:

Table 2

1 Non-coin operated car washes may be treated as an industrial user.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. After July 1 of every fifth year, in connection with the annual City audit, or as soon thereafter as is possible, the City Council shall review the status of compliance with this chapter of each fee and the degree to which the fees collected pursuant to this chapter are mitigating impacts of new development projects. All aspects of the 2025 Nexus Study and subsequent studies shall be reviewed and updated accordingly. The review of each fee may, but is not required to be, on the same five-year cycle. By ordinance, and after a noticed public hearing, any of the fees may be increased or decreased annually to reflect changes in actual and estimated revenues and costs (including, but not limited to, debt service, lease payments, inflation, identification of other funding sources, acquisition and construction costs) of facilities financed by the fees as compared to original estimates of revenues and costs for facilities in the last such study. Any such adjustments in the fees will be prospective only and will become effective as of the date specified in any such ordinance.

B. Fees for land uses that do not fit into categories of use identified in the last such study and subsequent studies shall be determined by the Community Development Director on a case-by-case basis, based upon the input of appropriate City staff and consultants, and based upon studies indicating the demands of and benefits received by the proposed uses.

C. Notwithstanding the above, the TFIF, FFF, WFF, SFF, SDFF, PRFF and GCFF are to be reviewed annually and adjusted by the price index factor set forth in the Engineering News Record's 20-City Average Construction Cost Index, for each January 1 of the prior year to January 1 of the current year, to be effective each July 1.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. A developer of nonresidential land subject to a fee under this chapter may apply to the Community Development Director for an adjustment or waiver of that fee. The waiver of the fee shall be based upon the absence of any reasonable relationship between the impact on the public facilities of the proposed nonresidential development and either the amount of fee charged or the type of facilities financed.

B. The application for adjustment or waiver shall be made in writing and filed with the City Clerk no later than ten (10) days after notification of the fee to be charged. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver.

C. It is the intent of this chapter that:

1. The land use categories set forth in Table 1 are intended to and do incorporate a wide range of specific land uses; thus substantial variation must be shown in order to justify a fee adjustment;

2. The Community Development Director may calculate a fee and/or require additional improvements where the service demand of a particular land use exceeds the standards shown in the definitions or used in determining the improvements needed under the most recent study, as modified and updated;

3. The fee categories shall be considered individually; thus it may occur that a fee adjustment or waiver is made in one category and not another; and

4. Where improvements providing capacity for the subject parcel have already been constructed, a downward adjustment of the fee is not appropriate.

D. The Community Development Director shall consider the application and inform applicant of his or her decision within sixty (60) days after the filing of the fee adjustment or waiver application. The decision of the Community Development Director is appealable to the City Council, pursuant to Chapter 2.04 of the Chino Hills Municipal Code.

E. The applicant bears the burden of proof in presenting substantial evidence to support the application. The Community Development Director, with input and assistance from appropriate City staff, shall consider the following factors in its determination whether or not to approve a fee adjustment or waiver:

1. The purpose and proposed use of the fee;

2. The type of development;

3. The relationship between the fee's use and type of development;

4. The need for the improvements and the type of development;

5. The amount of the fee and the portion of it attributable to the development; and

6. The applicability of the needs list and studies referenced in the preparation thereof to the particular development. The applicant must present comparable technical information to show that the fee is inappropriate for the particular development.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. All development impact fees must be paid to the City at the time of issuance of each building permit unless state law requires payment to be deferred to the date of final inspection or the date the certificate of occupancy is issued. In any case, nothing in this section precludes a developer from voluntarily accepting conditions of approval that require payment of development impacts fees at an earlier time than may otherwise be required under state law.

B. If any development impact fee is not fully paid prior to issuance of a building permit for construction of any portion of the project encumbered thereby, the City may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee(s), or applicable portion thereof, prior to the date of final inspection of the date the certificate of occupancy is issued. The contract shall contain a legal description of the property affected, shall be recorded in the office of the county recorder of the county and, from the date of recordation, shall constitute a lien for the payment of the fee or charge, which shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit.

C. Fees shall be subject to the existing ordinance in effect at the time each fee is due. Any late fees shall bear interest at the rate earned by City pooled funds in its treasury from the date the fees were due, calculated per month from the date of delinquency, plus all costs associated with collections of such fees.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

All fees shall be paid in cash, check, credit card (subject to convenience fee), or by credit granted pursuant to Section 3.40.180 of this chapter, titled credits/reimbursements. Such fees shall be paid in their entirety in accordance with Section 3.40.140 of this chapter, titled time of payment. Warrants/checks shall be made payable to the City.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

Where there is delinquency in payment of the fees as required in this chapter, the City may initiate foreclosure proceedings in accordance with the procedures set forth in this section and in any and all applicable state and local laws. If a sale or foreclosure is commenced, notice of the pendency of such sale or foreclosure shall be recorded with the County's Recorder not later than ten (10) days after commencing an action or proceeding in any court to foreclose. The notice of pendency shall state that the City has commenced a sale or foreclosure, as the case may be, and shall refer to and identify such sale or foreclosure, and shall describe the property affected by such foreclosure. The City shall be entitled to recover the cost of recordation of any such notice, order or judgment authorizing or providing for such sale or foreclosure, and penalties which are allowed by this chapter. The provisions of this section shall not be the exclusive remedies available to the City with regard to delinquent fees.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. All fees collected shall be deposited into fee funds by category, established by the City Finance Director. For example, all traffic facilities impact fees collected shall be deposited into a traffic facilities impact fee fund established by the City Finance Director. Amounts in such funds shall be expended solely by category for facilities, project management, administrative costs, engineering, leasing, acquisition, legal costs, improvement or construction (including indebtedness incurred for such purposes) for facilities which have been found to benefit properties subject to such fees and for reimbursements pursuant to Section 3.40.180 of this section, and approved audited costs. For example, costs of traffic facilities, as identified in the needs list, shall be paid solely from traffic facilities impact fees collected.

B. Any fees remaining unexpended or uncommitted in the fee accounts five years after its deposit and not specified for a particular use shall be refunded to the then current record owner or owners of the property.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. Subsequent to the adoption of the ordinance codified in this chapter, fee credits/reimbursements may be granted to developers for facilities which are financed or constructed by property owners or developers in advance of the City's construction program provided that:

1. The granting of such credits/reimbursements conforms to this chapter and the needs list as those may be amended from time to time; and

2. A written agreement for construction of infrastructure, between the City and such owner or developer must be approved in advance of such construction pursuant to Section 3.40.190 of this chapter; and

3. Credits/reimbursements for a facility within a certain category (for example, parks and recreation facilities) can only come from the fees collected in that same category (parks and recreation facilities fees).

B. The amount of the credits/reimbursements granted shall be determined by an estimate of the costs of such facilities, adjusted after completion by an audit of such costs. The cost of the audit shall be borne by the developer. The City shall review and determine the actual costs allowable. No credits/reimbursements shall be given for the cost of improvements not defined in this chapter as "facilities." Credits/reimbursements shall not exceed the lesser of the costs of facilities as set forth in the needs list or the actual audited costs of the facilities.

C. At the time fees are due, pursuant to Section 3.40.140 of this chapter, a maximum of ninety (90) percent of fees owed may be offset by credits against such fees. At least ten (10) percent of all fees owed must be paid at the time fees are due. To the extent that any applicant for a building permit has accrued credits in excess of ninety (90) percent of the fees owed, those credits, shall be reimbursed from the fee funds as set forth in this section.

D. Credits against EIF may be awarded pursuant to written agreements entered into prior to adoption of this chapter. Any credits/reimbursements awarded by virtue of such agreements and identified for use against the facilities development fee, the facilities benefit assessment, the water capital connection fees, the sewer capital connection fees as such fees existed prior to the adoption of this chapter shall apply against the EIF only. Additionally, the principal portion of all Assessment District 94-1 and 95-I installment payments and the interest portion of any such payments made prior to 1995 shall constitute a credit against the EIF only.

E. From and after the effective date of the ordinance codified in this chapter, credits/reimbursements shall be given in stated dollar amounts only.

F. Excess credits (credits in excess of ninety (90) percent of fees owed) shall be reimbursed only after sufficient revenues are available in the appropriate fee account for such reimbursement, as determined by the City, and shall generally be paid first to the oldest outstanding excess credit holder. With respect to excess credits to be reimbursed from the EIF fund, priority of repayment shall be as follows:

1. Reimbursement shall be made first to those parties the City is contractually obligated to reimburse by a date certain;

2. Reimbursement shall be made during the 1998-99 fiscal year to all payors of FDF and FBA revolving fees, which were assessed prior to 1995, who have five DUs or less of revolving fee reimbursement due, to the extent that such payment does not interfere with the obligations identified in subsection (F)(1) of this section;

3. Thereafter, eighty (80) percent of EIF revenues collected in cash, less administrative expenses, shall be paid on a first paid, first reimbursed basis to all other payors of FDF and FBA revolving fees, to the extent that such payment does not interfere with the obligations identified in subsection (F)(1) of this section;

4. Thereafter, reimbursement to all payors of Chino Hills Parkway phasing assessments paid pursuant to written agreements on a pro rata basis as revenues become available, to the extent that such payment does not interfere with the obligations identified in subsection (F)(1) of this section; and

5. Thereafter, on a first earned, first reimbursed basis, whether earned pursuant to a reimbursement agreement or through payment of assessment district assessments and all other City obligations in the EIF, to the extent that such payment does not interfere with the obligations identified in subsection (F)(1) of this section.

G. Notwithstanding anything to the contrary contained in this chapter, or in any other ordinance, contract, agreement, memorandum or document, the City shall only pay reimbursements from moneys remaining from revenues, as that term is defined in this chapter, after payment from revenues for the acquisition or construction of facilities needed to implement the CHGP, and providing for reserves for such acquisition or construction. Any such reserves shall be in an amount solely within the discretion of the City.

H. Nothing in this chapter or in any other ordinance, document, agreement, contract, letter or memorandum of understanding shall create any liability for payment for credits and reimbursements from the City's general fund, or from funds acquired by the City from any source other than revenues.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

A. Written agreements specifying the amount of credit or reimbursement and the manner and suggested schedule of reimbursement shall be entered into prior to commencement of construction or installation of facilities. Reimbursement shall be conditional upon receipt by the City of sufficient revenues within the category of facilities for which reimbursement is sought. Reimbursement shall be paid according to the financing plan, which generally requires that the first payments go to the oldest outstanding unpaid written agreement, except as set forth in Section 3.40.180 of this chapter. No written agreement shall have any force or effect after twenty-five (25) years from the date of its first approval by the City. Any reimbursement agreement entered into by the county, as the predecessor in interest to the City, shall have no force and effect after twenty-five (25) years from the date of its approval by the county. Each written agreement shall have an audit performed on all facilities constructed under the written agreement before reimbursement or credits can be provided. The cost of the audit shall be borne by the developer. No credits or reimbursements may be granted where there is an outstanding dispute as to terms and conditions of the written agreements.

B. Written agreements which conflict with this chapter shall not supersede this chapter unless specific notice has been given in the beginning of the agreement and in the City Council agenda item, stating that "THIS AGREEMENT ALTERS THE MANNER AND/OR TIMING OF THE PAYMENT OF DEVELOPMENT FEES AS SUCH WOULD BE PAID PURSUANT TO THE EXISTING DEVELOPMENT FEE ORDINANCE IN EFFECT."

C. Any communication, agreement or correspondence, written or verbal, shall not supersede this chapter and/or written agreements approved by the City Council.

D. Written agreements providing credits or reimbursements must not exceed the approved cost estimates in the written agreement and the approved facilities cost estimates used to establish the fees.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

This chapter does not supersede or replace any existing ordinances, nor, unless otherwise specified, shall adoption of this chapter modify fees imposed by any future ordinance adopted by the City Council.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)

This chapter is intended to establish an alternative method for spreading the costs of the facilities against the lands which will be benefited thereby; and the provisions of this chapter shall not be construed to limit the powers of the City Council to utilize any other method for accomplishing this purpose but shall be in addition to any other requirements which the City Council is authorized to impose as a condition to approving new development pursuant to state and local statutory and decisional law.

(Ord. No. 423, § 4(Exh. A), 11-12-2025, eff. 1-11-2026)