Chino Municipal Code Ch. 3.40 Development Impact Fees

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Editor's note— Ord. No. 2019-007, § 2, adopted Aug. 7, 2019, amended chapter 3.40 in its entirety to read as herein set out. Former chapter 3.40, §§ 3.40.010—3.40.130, pertained to similar subject matter and derived from Ord. 88-22(part), adopted 1988; Ord. 88-35, § 1, adopted 1988; Ord. 89-1, § 3, adopted 1989; Ord. 89-2, §§ 1, 2, 4, 5, 7—9, adopted 1989; Ord. 90-34, §§ 1, 3, adopted 1991; Ord. 96-21, § 2, adopted 1996; Ord. 2004-13, § 3(part), adopted 2004; Ord. 2010-05, § 5, adopted 2010; Ord. 2015-006, § 1, adopted 2015; and Ord.2017-015, §§ 2—7, adopted 2018.

Development impact fees are charged by the city to developers in connection with approval of development projects for the purpose of defraying all or a portion of the costs of public facilities required to serve the new development.

The legal requirements for enactment of development impact fee programs are set forth in Government Code sections 66000-66025 (the "Mitigation Fee Act"). Development impact fees are legislatively adopted, based on objective fair-share studies and standardized pro-rata formulas. Development impact fee programs contrast with negotiated exactions, which are determined on an ad hoc project-by-project basis during the development approval process.

The provisions on this chapter are intended to comply with the Mitigation Fee Act, as may be amended from time to time. In the event of any ambiguity in the provisions of this chapter, such provisions shall be interpreted so as to be consistent with the Mitigation Fee Act, and shall not be interpreted to afford a developer greater rights than those afforded by the Mitigation Fee Act. In the event that any provisions of the chapter conflict with the Mitigation Fee Act, the provisions of the Mitigation Fee Act shall control.

(Ord. 2019-007, § 2, 2019.)

A. Basis for calculation of development impact fees. The reports, which have been approved and adopted by the city, establish:

1. The need for and Nexus to required public facilities throughout the city;

2. The total cost of such public facilities, including design, engineering, construction, installation, and management of such construction and installation;

3. The allocation of such cost among the residential, commercial, and industrial types of development;

4. Formulas based on the density of residential unit development and the square footage of commercial and industrial building development, to determine the amount of fees payable for each such type of development;

5. Specific fees payable for each residential unit and square footage of commercial and industrial buildings in each development project;

6. The relationship between the use of the fees and the type of uses within development projects on which the fees are imposed;

7. The relationship between the need for such public facilities and the type of uses within development projects on which the fees are imposed; and

8. The reasonable cost of constructing and installing such public facilities.

B. Need for public facilities. In order to implement the goals and objectives of the city's general plan and applicable specific plans and master plans, and to mitigate the financial and physical impacts for all development projects within the city identified in the reports, certain public facilities must be constructed and installed, and paid for or financed. These facilities include: law enforcement facilities, vehicles and equipment; fire facilities, vehicles and equipment; streets, signals, and bridges; storm drainage collection facilities; water source, storage, and distributions systems; sewage collections systems; general facilities, vehicles and equipment; and public use facilities.

C. Need for development impact fees. Therefore, the city council has determined, based on the reports, the city's general plan, and applicable specific plans and master plans, as well as substantial evidence submitted in public hearings before the city council, that development impact fees are needed citywide in order to finance these public facilities and to allocate the cost of public facilities to each development project.

D. Consideration of housing needs. In establishing these development impact fees, the city council finds that they are consistent with the city's general plan and applicable specific plans and master plans, and declares that it has considered the effects of such fees with respect to the city's housing needs defined in the housing element of the city's general plan, and the standards and criteria for public facilities applied in comparable developments within the city, in accordance with Government Code section 65913.2.

(Ord. 2019-007, § 2, 2019.)

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings respectively ascribed to them by this section:

A. "Accessory dwelling unit" shall have the definition stated in section 20.24.020 of the Chino Municipal Code.

B. "Adjusted gross acreage" means the gross tract area less major and secondary streets, public rights-of-way, and easements for public utilities, city property, schools, and railroads.

C. "Administrative fee" means a fee collected by the city to off-set the administrative costs related to the development impact fee program. The fee shall be twelve percent of the total development impact fee obligation charged to the developer for all development impact fee categories.

D. "Building permit" shall have the definition stated in section 15.48.030(B) of the Chino Municipal Code.

E. "Business park" means primarily office or commercial uses or multi-tenant/flex space buildings within a business park zoning district.

F. "Commercial lodging" means a building with the primary use as either a hotel, motel or residence inn, or a building containing six or more rooms intended to be used for sleeping purposes by guests.

G. "Commercial retail" means any building with a primary use of general retail sales and/or services, usually corresponding to uses in a neighborhood convenience center, commercial general, commercial office, service commercial, or commercial regional zoning district.

H. "Costs" means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of a public facility, including, without limitation, the costs of land, construction, inspection, engineering, administration, and consulting fees.

I. "Credits" means offsets to the payment of specific components of the development impact fee program.

J. "Department" means the Chino Community Development Department.

K. "Development project" means any project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. "Development project" includes redevelopment projects.

L. "Director" means the director of the Chino Community Development Department, or his or her designee.

M. "Fee" means a monetary exaction, other than a tax or special assessment, which is charged by the city to the developer in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in section 66477 of the Government Code, fees for processing applications for regulatory actions or approvals (unless such meaning is clearly indicated by context), or fees collected under development agreements.

N. "Final inspection" shall have the definition stated in section 66007(e) of the Government Code, as may be amended from time to time.

O. "High density attached units" means attached residential dwelling units, for sale or rent, within the following zones or land use designations:

General City Designations

RD 20 (14-20 dwelling units per acre)

College Park Specific Plan Designations

High Density Residential (10-20 dwelling units per acre)

P. "Industrial uses" means a building with the primary use of warehouse, manufacturing, storage or distribution, including multi-tenant buildings designated for industrial uses within a light industrial, general industrial, or service commercial zoning district.

Q. "Institutional uses" means buildings used as theaters, auditoriums, libraries, museums, art galleries, botanical and zoological gardens, private schools, private meeting places, churches and other places of assembly.

R. "Low density detached units" means detached residential dwelling units, for sale or rent, within the following zones or land use designations:

General City Designations

RD 1 (1-dwelling unit per acre)

RD 2 (1-2 dwelling unit(s) per acre)

RD 4.5 (3-4.5 dwelling units per acre)

RD 8 (4.5-8 dwelling units per acre)

College Park Specific Plan Designations

Estate Residential (1-dwelling unit per acre)

Low Density Residential (2.1-5 dwelling units per acre)

S. "Medium density attached units" means attached residential dwelling units, for sale or rent, within the following zones or land use designations:

General City Designations

RD 12 (8-12 dwelling units per acre)

RD 14 (12-14 dwelling units per acre)

College Park Specific Plan Designations

Medium Density Residential (5.1-10 dwelling units per acre)

T. "Medium density detached units" means detached residential dwelling units, for sale or rent, within the following zones or land use designations:

General City Designations

RD 12 (8-12 dwelling units per acre)

RD 14 (12-14 dwelling units per acre)

College Park Specific Plan Designations

Medium Density Residential (5.1-10 dwelling units per acre)

U. "Manufactured home" shall have the definition stated in section 20.24.020 of the Chino Municipal Code.

V. "Non-residential" means and includes the following uses: commercial lodging, commercial retail, office, business park, institutional, and industrial.

W. "Office" means a building with primarily office uses. This includes office uses such as banks, other financial institutions, and professional and medical offices, and will usually correspond to uses in the commercial general, commercial office, and mixed use zoning districts.

X. "Phased interim public facilities" means public facilities or parts of public facilities, included in the reports, that are built in phases to accommodate the incremental impacts of development, rather than a public facility that is immediately built out to its ultimate capacity. Phased interim public facilities are public facilities that will be incorporated into, rather than replaced by, a public facility that is built out to its ultimate capacity. Phased interim public facilities are eligible for credits and reimbursement in accordance with the requirements of this chapter.

Y. "Public facilities" means public improvements, public services, and community amenities included in the reports.

Z. "Redevelopment project" means a project involving the replacement of one or more structures in existence at the time of initial project approval.

AA. "Reimbursement" means a payment made to a developer for the construction of a public improvement or facility included in the Reports.

BB. "Reports" means the Development Impact Fee Calculation and Nexus Report and the Master Facilities Plan, dated December 28, 2017, and prepared by Revenue and Cost Specialists, LLC.

CC. "Residential" means and includes the following uses: low-density and medium-density detached units; medium-density and high-density attached units; manufactured homes; and accessory dwelling units.

DD. "Square footage" means the area of a building. When no exterior walls are provided, the square footage shall be the area under the roof. Exterior hardscaped areas (i.e. parking, walkways, courtyards) covered by a roof shall be excluded.

EE. "Temporary interim public facilities" means public facilities that are intended to be temporary, and will require partial or complete replacement in order to accomplish ultimate build-out of the public facilities listed in the reports. Temporary interim public facilities do not include phased interim public facilities. Temporary interim public facilities are not eligible for credits or reimbursement under this chapter.

(Ord. 2019-007, § 2, 2019.)

The following development impact fee categories are established for each development project located within the city, excluding the Preserve (which is addressed in Chapter 3.45):

A. Law enforcement facilities, vehicles, and equipment. A fee for law enforcement facilities, vehicles, and equipment is established to finance the equipping, transportation, and housing of new police officers required to provide police protection.

B. Fire suppression facilities, vehicles, and equipment. A fee for fire suppression facilities, vehicles, and equipment is established to finance the relocation and/or construction of firehouses, training facilities and the equipment required to provide fire suppression. These fees will be used to install fire facilities consistent with the Chino Valley Independent Fire District's master plan.

C. Circulation (streets, signals, and bridges) system. A fee for streets, signals, and bridges is established to finance the construction of streets, signals, and bridges within the development area and in areas outside the development area but impacted by the development. The fee will be used to construct streets, signals, and bridges consistent with the circulation element of the city's general plan, and shall include any fee established by the County of San Bernardino to satisfy regional circulation requirements. Additionally, as part of this fee category, a congestion management program fee is established for regional transportation improvements.

D. Storm drainage collection facilities. A fee for storm drainage collection facilities is established to finance the installation of water drainage channels, natural treatment systems and pipelines. The fee will be used to install water drainage facilities in accordance with the city's master plan of drainage.

E. Water source, storage, and distribution facilities. A fee for water source, storage, and distribution facilities is established to finance the installation of reservoirs, wells, major transmission lines and recycled water facilities. The fee will be used to construct reservoirs, wells, major transmission lines and recycled water facilities, in accordance with the city's water master plan.

F. Sewage collection facilities. A fee for sewage collection facilities is established to finance the installation of sewage collection and transmission mains. The fee will be used to install sewage collection and transmission mains in accordance with the city's sewer master plan.

G. General facilities, vehicles, and equipment. A fee for general facilities, vehicles, and equipment is established to finance the general office and work facilities and equipment used by city staff when undertaking daily duties.

H. Public use facilities. A fee for public use facilities is established to finance meeting and recreational facilities used by the general public.

(Ord. 2019-007, § 2, 2019.)

A. Residential uses are subject to fee categories A through H of section 3.40.040.

B. Non-residential uses are subject to fee categories A through G of section 3.40.040.

(Ord. 2019-007, § 2, 2019.)

A. For new construction, other than accessory dwelling units, development impact fees shall be charged to the developer on a per-unit basis for residential projects and commercial lodging uses, or a square-footage basis for non-residential projects (except commercial lodging uses).

B. For the expansion of an existing non-residential structure, development impact fees shall be charged to the developer on a square-footage basis for the proposed additional square footage over the existing square footage, except as provided in section 3.40.060(F).

C. Development impact fees shall not be charged for the expansion of existing residential structures, except for the construction of an accessory dwelling unit.

D. Development impact fees shall be assessed for redevelopment projects as follows:

1. Projects for which the existing structure(s) and new structure(s) fall under different fee categories shall be treated as new construction, and assessed fees in accordance with section 3.40.060(A).

2. Projects for which the existing structure(s) and new structure(s) fall under the same fee category shall be treated as the expansion of an existing structure, and assessed fees in accordance with section 3.40.060(B) or (C).

3. If a developer challenges the assessment of a development impact fee on a redevelopment project, city may require the developer to advance to the city any amounts necessary to provide for special studies which may be required to determine the incremental impacts on the city from the redevelopment project.

E. For the construction of an accessory dwelling unit, development impact fees shall be charged to the developer on a cost per square-foot basis. Fees shall be only be charged for accessory dwelling units that are larger than 750 square feet.

F. Development impact fees will not be charged for any development project consisting of a building or building addition of less than five hundred square feet, except for the construction of an accessory dwelling unit.

(Ord. 2019-007, § 2, 2019; Ord. 2022-005, § 2, 2022.)

A. A current fee schedule is available upon request at the department's front counter located at 13220 Central Avenue, Chino, CA 91710 and is also available on the city's website at www.cityofchino.org.

B. Development impact fees shall be calculated in accordance with fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last.

C. Payment of development impact fees shall be due as follows:

1. Residential developments. Payment of development impact fees for residential developments shall be due on the date that the building permit is issued by the city, unless the developer elects to pay the fees at the time of final inspection pursuant to Government Code section 66007. If the developer elects to pay the fees at the time of final inspection and the residential development contains more than one dwelling, all fees assessed for the entire development shall be paid in the form of a lump-sum when the first dwelling in the development receives its final inspection. If developer elects to pay the fees at the time of final inspection, developer shall give notice to the city of such election prior to the approval of the development project by the city. The conditions of approval for an approved residential development project shall state whether the development impact fees are due upon issuance of the building permit or upon final inspection.

2. Non-residential developments. Payment of development impact fees for non-residential developments shall be due on the date that the building permit is issued by the city.

3. Exception. Notwithstanding subsections (C)(1) and (C)(2), the city may require the payment of development impact fees at an earlier time in accordance with Government Code section 66007(b).

D. At the time that a development impact fee is calculated, an administrative fee, as defined in section 3.40.030, shall be added and collected with such fee. All amounts collected as the administrative fee shall be transferred from the development impact fee fund to the city's general fund to defray the reasonable cost borne by the city for its administration and collection of the fees imposed by this chapter.

E. If a parcel contains more than one non-residential zone, and each zone has different fees, then the applicable fees shall be prorated by square footage attributable to each zone.

F. Except as provided below, the director shall be responsible for calculating the development impact fees owed for all projects in the city. However, if the director determines, in his or her sole discretion, that the calculation of the fees due under this chapter is unclear or otherwise subject to multiple reasonable interpretations, the director may request that the body with approving authority for the project determine the amount of fees due. In such event, the matter shall be set for public hearing before the approving authority, and the director shall prepare a staff report for the approving authority clearly explaining the issues in need of interpretation and explaining the fiscal impact of each interpretation. The approving authority shall then make a final determination regarding the amount of the fees due under this chapter, following the public hearing.

(Ord. 2019-007, § 2, 2019.)

Except as provided in section 3.40.090, the procedural requirements in Government Code sections 66018 and 66019 shall be followed for the adoption or increase of a development impact fee:

A. Prior to the adoption of a new fee or approval of an increase in an existing fee, the city shall hold at least one public hearing, at which oral and written presentations can be made, as part of a regularly scheduled city council meeting following publication of notice twice, at least five days apart, with the first occurring ten days prior to the public hearing, in accordance with Government Code section 6062a. The notice shall include a general explanation of the matter to be considered.

B. Notice for the public hearing must also be mailed at least fourteen days prior to the city council meeting to any person who has filed a written request with the city for mailed notice of a meeting on a new or increased fee to be enacted by the city. Such notice shall include a statement that the data described in section 3.40.080(C) is available. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The city council may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. The city may send the notice electronically pursuant to Government Code section 66019.

C. At least ten days before the city council meeting, the city shall make available for public review the data indicating the amount of the cost, or estimated cost, required to provide the public facilities for which the fee is charged and the revenue sources anticipated to fund those public facilities, including general fund revenues.

D. New fees and increases to existing fees shall be made either by ordinance or resolution.

E. Any costs incurred in conducting the city council meeting may be recovered from the fees to be collected.

F. Except as provided in section 3.40.090, the new or increased fee shall become effective sixty days following the final action on the adoption or increase of the fee.

(Ord. 2019-007, § 2, 2019.)

In accordance with Government Code section 66017, if the city determines that a new fee or an increase in an existing fee is necessary to protect the public health, safety, and welfare, then a development impact fee can be adopted or increased on an interim basis by urgency measure without following the procedures outlined in section 3.40.080.

A. The urgency measure must be adopted by a four-fifths vote of the city council and must include written findings that describe the current and immediate threat to the public health, safety, and welfare that justifies the urgency measure.

B. The urgency measure shall become effective immediately upon adoption, shall remain in effect for thirty days, and shall thereafter have no force or effect unless extended.

C. The urgency measure may be extended for up to two additional thirty-day periods by a four-fifths vote. Prior to any extension, the city shall give notice of the meeting in accordance with section 3.40.080(B) and shall make data available for public review in accordance with section 3.40.080(C).

(Ord. 2019-007, § 2, 2019.)

The development impact fees established by this chapter may be adjusted on July 1st of each year, beginning on July 1, 2020, in accordance with one or more nationally recognized inflation indices, to take into consideration the inflation in costs applicable to each fee category during the previous year. The annual adjustment shall be made in accordance with the procedures in section 3.45.080 or 3.45.090.

(Ord. 2019-007, § 2, 2019.)

The Mitigation Fee Act requires the city to account for all development impact fees collected. Development impact fees shall be deposited into a separate capital facilities account or accounts and shall not be comingled with any other city funds, except for temporary investments. Development impact fees shall be expended solely for the purpose for which they were collected. While funds are accruing for individual public facilities, the city must track each account and provide an annual report in accordance with section 3.40.120.

(Ord. 2019-007, § 2, 2019.)

A. Annual Reporting Requirements. In accordance with Government Code section 66006, within one hundred eighty days after the last day of the fiscal year, the city must make the following information available to the public for the previous fiscal year for each separate account created pursuant to section 3.40.110:

1. A brief description of the type of fee in each account;

2. The amount of the fee;

3. The beginning and ending balance of the account;

4. The amount of the fees collected and the interest earned;

5. An identification of each public facility on which fees were expended and the amount of the expenditures on each public facility, including the total percentage of the cost of the public facility that was funded with fees;

6. An identification of an approximate date by which the construction of the public facility will commence if the city determines that sufficient funds have been collected to complete financing on an incomplete public facility and the public facility remains incomplete;

7. A description of any inter-fund transfer or loan made from the account, including the public facility on which the transferred or loaned fee will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account will receive on the loan; and

8. The amount of any refunds made pursuant to Government Code section 66001(e) and any allocations made pursuant to Government Code section 66001(f).

B. City council review of annual report. The city council shall review the information made available to the public in the annual report at the next regularly scheduled public meeting not less than fifteen days after the annual report is made available to the public. Notice of the time and place of the meeting, including the address where the annual report may be reviewed, shall be mailed at least fifteen days prior to the meeting to any interested party who files a written request with the city for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The city council may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

C. Five-year reporting requirements. In accordance with Government Code section 66001, the fifth fiscal year following the first deposit into each public facility account, and every five years thereafter, the city shall make the following findings for any portion of the account remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put;

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete public facilities; and

4. Designate the approximate date on which the funding identified in subsection (C)(3) is expected to be deposited into the appropriate account.

If the city fails to make these findings, it shall refund the monies in the account as required by Government Code section 66001.

(Ord. 2019-007, § 2, 2019.)

A. Credit and reimbursement agreement. If, as a condition of approval of a development project, a developer constructs a public facility identified in the Reports, for which a development impact fee is imposed, then the developer shall be eligible to receive a fee credit toward the development impact fee imposed on the development project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility. Fee credits and reimbursements shall be issued in accordance with the following requirements:

1. The developer must enter into a credit and reimbursement agreement with the city prior to receiving credits and reimbursement. If a credit and reimbursement agreement is not in place at the time the development impact fees are due to the city, the developer will be required to pay its development impact fee obligation in full. If a credit and reimbursement agreement is in place at the time the development impact fees are due to the city, the developer may postpone payment of the fees in accordance with the terms of the agreement; however, that the amount of fees owed shall be calculated as of the date the fees are due pursuant to section 3.40.070(C).

2. The developer shall only be entitled to credits and reimbursement for eligible costs. Eligible costs are the developer's reasonable and actual costs of construction of the public facilities, as determined by the city engineer; provided, that the reasonable and actual costs of construction shall not exceed the engineering cost estimates for the public facility included in the Reports, unless approved by city council.

3. In no event shall the credit be greater than the amount of the fee owed for the relevant fee category. If the credit does not exceed the fee owed for the relevant fee category, then the developer shall pay the balance of the fee to the city. Developer shall be entitled to reimbursement for eligible costs exceeding the fee owed for the relevant fee category.

4. Credits earned for the construction of a public facility can only be applied to the development impact fee category for which the public facility is programmed (for example, water credit for water infrastructure, storm drain credit for storm drain infrastructure, etc.). At no time will credits be applied outside the category for which the public facility is programmed. Project credits issued under this chapter may not be applied to projects in the Preserve.

5. Credits cannot be applied to the administrative fee. The administrative fee will be based on the amount of development impact fees owed, without consideration of credits or reimbursements.

6. All rights to fee credits shall be personal to the individual or entity that executes the credit and reimbursement agreement. Fee credits may not be sold, transferred, or assigned to other property owners, guest builders, developers, or any other person unless agreed upon in a written document that has been reviewed by the city attorney and approved by the director of community development.

7. Reimbursement priority will be determined on a first-in/first-out basis, with the exception of high-priority public facilities. When funds are available, and no high-priority public facilities need to be financed, reimbursements will be paid to the developer that first became eligible for reimbursement. Once that developer is paid in full, the developer that next became eligible for reimbursement will be paid until paid in full. A developer will become eligible for reimbursement after the public facility constructed by that developer is formally accepted by the city council. The city council, by resolution, may designate certain public facilities as "high-priority." High-priority public facilities, once eligible for reimbursement, shall be reimbursed in full before any other non-high-priority public facilities, regardless of when they were formally accepted by the city council, and regardless of whether reimbursement of a non-high-priority public facility is already in progress.

8. The developer shall submit a request for reimbursement in accordance with the reimbursement agreement, including full documentation therefore, no later than one year after the public facility is accepted by the city council; provided, that the time to apply for reimbursement may be extended up to one additional year by the city council for good cause shown. Failure to submit a timely request for reimbursement shall constitute a waiver of developer's right to reimbursement.

9. The general fund of the city is not liable for payment of any obligations arising from a reimbursement agreement under this section.

B. Requirements for construction of public facilities. The construction of public facilities under this section shall comply with the following requirements. A developer that fails to comply with these requirements shall not be eligible for a credit or reimbursement under this section.

1. Contracts for the construction of public facilities shall be advertised and awarded in accordance with the requirements of the Public Contract Code, city's purchasing ordinance (Chapter 3.32 of this code) relating to public works projects, and any policies adopted by city council resolution for the purpose of implementing this section.

2. Developer shall ensure compliance with all provisions of the Labor Code regarding payment of prevailing wages and similar provisions, including Labor Code section 1720 et seq. and Labor Code section 1810 et seq.

3. Prior to soliciting or awarding the bid for any portion of the public facilities, developer shall submit the bid packet and a set of construction drawings signed by developer or another authorized representative designated by developer for the work being bid to the city for review and approval, which approval shall be granted or denied within fifteen calendar days after submission of such bid packet. If the city denies approval of such bid packet and construction drawings, the city shall specify the reasons for such disapproval and developer shall resubmit a revised bid packet for review and approval until such approval is obtained.

4. Developer shall provide the city with copies of all bids received from contractors and a bid summary in a form approved by the city to assure that the contractor/subcontractors adhere to the requirements of this section. The contract or contracts for the construction of the public facilities shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the public facilities. Developer shall enter into a construction contract with each contractor selected to perform work on the public facilities (after competitive bidding as set forth above), for the performance of the work set forth in the selected bid, and the terms of each construction contract entered into by developer and each contractor/subcontractor shall be reasonably acceptable to the city. Developer shall submit to city a copy of each executed construction contract for the public facilities within fifteen days after execution thereof.

5. All work shall be done and the public facilities completed as shown on the plans and specifications approved by the city, and any subsequent alterations thereto mutually agreed upon by city and developer. If developer desires to make any alterations to the plans and specifications resulting in a change order to the contract, it shall provide written notice to the city of such proposed alterations. City shall have ten business days after receipt of such written notice for change order work to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned, or delayed. If city fails to provide written notice to developer of its approval or disapproval of the alterations within such ten business day period, city will be deemed to have disapproved such alterations to the plans and specifications.

6. Developer shall complete construction of the public facilities in accordance with the city-approved plans and specifications within one year of the issuance of a building permit, unless both the city and developer agree to an extension in writing.

7. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the public facilities until such public facilities are accepted by city. Developer shall have no obligation to make the public facilities available for public use at any time before the public facilities are accepted by city. Any use by any person of the public facilities, or any portion thereof, shall be at the sole and exclusive risk of developer at all times prior to city's acceptance of the improvements.

C. Improvements not eligible for credit or reimbursement.

1. Temporary interim public facilities. A developer may elect, with the approval of the city, to construct temporary interim public facilities pending the construction of needed improvements included in the reports. No credits or reimbursement shall be available for such facilities.

2. Frontage improvements. Unless otherwise specified in the Reports, developers shall not be entitled to credits or reimbursement for the construction of frontage improvements, including concrete curbs, gutters, asphaltic concrete street pavement, sidewalks, and street lights.

3. Utility undergrounding and utility poles. Developers shall be not entitled to credits or reimbursement for the undergrounding of utility devices or relocation of utility poles.

D. Effective date. This section 3.40.130 shall only apply to development projects approved by the city on or after the effective date of the ordinance adopting this section.

(Ord. 2019-007, § 2, 2019.)

If a developer desires to construct a public facility described in the reports, but construction of the public facility is not a condition of approval for the developer's project, the developer may nonetheless request that city enter into a credit and reimbursement agreement with the developer, and the city may enter into such an agreement at its discretion. Any such agreement shall comply with the requirements in section 3.40.130.

(Ord. 2019-007, § 2, 2019.)

Reductions, adjustments, waivers, and deferrals of development impact fees may be permitted in the following circumstances:

A. If the development will receive utility services from another city or utility district, then the developer shall not be required to pay the development impact fees related to the provision of those utilities by the City of Chino. If city is required to compute or collect any developments fees that are due to another city or utility district, the City of Chino shall still be entitled to collect and retain an administrative fee, and such administrative fee shall be based on the amount of the development impact fee collected on behalf of the other city or district.

B. The city council may adjust, reduce, or waive any development impact fee in accordance with Chapter 20.14 (Residential Density Bonuses).

(Ord. 2019-007, § 2, 2019.)

A. In accordance with Government Code section 66020, a developer may protest the imposition of development impact fees on a development project by complying with both of the following requirements:

1. Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due; and

2. Serving a written notice on the city clerk, including (i) a statement that the required payment is tendered or will be tendered when due, under protest, and (ii) a statement informing the city of the factual elements of the dispute and the legal theory forming the basis for the protest.

B. Any such protest shall be filed:

1. At the time of approval or conditional approval of a development, or

2. Within ninety days after the date of the imposition of the fees as a condition of approval on a development project.

C. At the time of approval or conditional approval of a development or at the time of the imposition of the fees, the city shall provide the developer with a written notice stating that development impact fees are imposed on the project, including a statement of the amount of the fees and a notification that the ninety-day period in which the developer may protest has begun.

D. The city council shall consider the protest at a public hearing within ninety days after it is filed, and the decision of the city council shall be final.

E. For purposes of this section, and in accordance with Government Code section 66020(g), "approval or conditional approval of a development" occurs when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved, or when the parcel map is recorded if a tentative map or tentative parcel map is not required. Pursuant to Government Code section 66020(h), "imposition of fees" occurs when the fees are imposed or levied on a specific development as a condition of approval.

(Ord. 2019-007, § 2, 2019.)